DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1-17 and 19-21 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 and 8-25 of copending Application No. 18/738,415 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Following the analysis provided at MPEP § 804, Chart I-B (AIA ) for examining an AIA Application with conflicting claims between two applications.
Commonly Assigned: Ember Technologies Inc.
Instant Application (18/600,381) Claim 1
Reference Application (18/738,415) Claim 1
A chilled liquid dispensing system, comprising:
[A] an insulated vessel having a chamber containing a phase change material;
[B] a conduit disposed in the chamber of the insulated vessel and having a portion submerged in the phase change material so that the phase change material is in thermal contact with an outer surface of the portion of the conduit, the conduit configured to receive therethrough a liquid at a first temperature above an ambient temperature that cools as it flows through the conduit and heat is transferred to the phase change material to cool the liquid to a second temperature below the ambient temperature;
[C] a first heat sink disposed in the chamber of the insulated vessel and submerged in the phase change material so that the phase change material is in thermal contact with an outer surface of the first heat sink;
[D] a thermoelectric module having one side in thermal communication with the first heat sink; and a second heat sink disposed outside the chamber of the insulated vessel and in thermal communication with an opposite side of the thermoelectric module,
[F] wherein the thermoelectric module is operable to charge or freeze the phase change material by pumping heat out of the phase change material via the first heat sink and into the second heat sink.
A chilled liquid dispensing system, comprising:
[A] an insulated vessel having a chamber containing a phase change material;
[B] a conduit disposed in the chamber of the insulated vessel and having a portion submerged in the phase change material so that the phase change material is in thermal contact with an outer surface of the portion of the conduit, the conduit configured to receive therethrough a liquid at a first temperature above an ambient temperature that cools as it flows through the conduit and heat is transferred to the phase change material to cool the liquid to a second temperature below the ambient temperature;
[C] a first heat sink disposed in the chamber of the insulated vessel and submerged in the phase change material so that the phase change material is in thermal contact with an outer surface of the first heat sink;
[D] a thermoelectric module having one side in thermal communication with the first heat sink; a second heat sink disposed outside the chamber of the insulated vessel and in thermal communication with an opposite side of the thermoelectric module, and
[E] an inlet portion of the conduit upstream of the chamber or an outlet portion of the conduit downstream of the chamber being connected to a gas source via a first valve, the first valve actuatable to allow a gas to pass into the conduit to infuse the liquid flowing through the conduit with the gas,
[F] wherein the thermoelectric module is operable to charge or freeze the phase change material by pumping heat out of the phase change material via the first heat sink and into the second heat sink.
Claim 1 of the instant application includes features [A]-[D] and [F] which are exactly claimed by the reference application (albeit, the reference application include a further feature of element [E]) . As such, claim 1 of the instant application is not patentably distinct from claim 1 of the reference application.
Instant Application (18/600,381) Claim 2
Reference Application (18/738,415) Claim 8
Note: Claim 8 depends from Claim 1.
The system of Claim 1(elements [A]-[D] and [F]),
[G] wherein air flows past the second heat sink to remove heat from the second heat sink.
The system of Claim 1 (elements [A]-[D] and [F], at least),
[G] wherein air flows past the second heat sink to remove heat from the second heat sink.
Claim 2 of the instant application includes feature [G] which is exactly claimed by the reference application. As such, claim 2 of the instant application is not patentably distinct from claim 2 of the reference application.
Instant Application (18/600,381) Claim 3
Note: Claim 3 depends from Claim 2.
Reference Application (18/738,415) Claim 9
Note: Claim 9 depends from Claim 1.
The system of Claim 2(elements [A]-[D] and [F]-[G]),
[H]further comprising one or more fans operable to flow air past the second heat sink to remove heat from the second heat sink.
The system of Claim 1 (elements [A]-[D] and [F], at least),
[H’] further comprising one or more fans operable to flow air past the second heat sink to remove heat from the second heat sink.
Claim 3 of the instant application includes feature [H] which is indistinct from [H’] claimed by the reference application, as the reference application necessarily requires the feature of [G] to provide airflow past the second heat sink to remove heat from the second heat sink, as expressly stated by [H]’. As such, claim 3 of the instant application is not patentably distinct from claim 9 of the reference application.
Instant Application (18/600,381) Claim 4
Reference Application (18/738,415) Claims 2 and 3
Note: Claim 2 depends from Claim 1, in addition to Claim 3 depending from Claim 2.
The system of Claim 1(elements [A]-[D] and [F]),
[I] wherein the conduit comprises a continuous tube spiral with multiple spaced apart tube loops,
[J] the continuous tube spiral extending circumferentially about the first heat sink within the chamber.
The system of Claim 1 (elements [A]-[D] and [F], at least),
[I] wherein the conduit comprises a continuous tube spiral with multiple spaced apart tube loops.
The system of Claim 2 (element [I]),
[J] wherein the continuous tube spiral extends circumferentially about and spaced from the first heat sink within the chamber.
Claim 4 of the instant application includes features [I] and [J] which are exactly claimed by the reference application. As such, claim 4 of the instant application is not patentably distinct from claims 2 and 3 of the reference application.
Instant Application (18/600,381) Claim 5
Reference Application (18/738,415) Claim 10
Note: Claim 10 depends from Claim 1.
The system of Claim 1(elements [A]-[D] and [F]),
[K] wherein the insulated vessel is a double-walled vacuum insulated vessel.
The system of Claim 1 (elements [A]-[D] and [F], at least),
[K] wherein the insulated vessel is a double-walled vacuum insulated vessel.
Claim 5 of the instant application includes feature [K] which is exactly claimed by the reference application. As such, claim 5 of the instant application is not patentably distinct from claim 10 of the reference application.
Instant Application (18/600,381) Claim 6
Reference Application (18/738,415) Claim 11
Note: Claim 11 depends from Claim 1.
The system of Claim 1(elements [A]-[D] and [F]),
[L] further comprising a second insulated vessel surrounding the insulated vessel.
The system of Claim 1 (elements [A]-[D] and [F], at least),
[L] further comprising a second insulated vessel surrounding the insulated vessel.
Claim 6 of the instant application includes feature [L] which is exactly claimed by the reference application. As such, claim 6 of the instant application is not patentably distinct from claim 11 of the reference application.
Instant Application (18/600,381) Claim 7
Reference Application (18/738,415) Claim 12
Note: Claim 12 depends from Claim 1.
The system of Claim 1(elements [A]-[D] and [F]),
[M] further comprising a cover configured to close the insulated vessel, the second heat sink extending through the cover.
The system of Claim 1 (elements [A]-[D] and [F], at least),
[M] further comprising a cover configured to close the insulated vessel, the second heat sink extending through the cover.
Claim 7 of the instant application includes feature [M] which is exactly claimed by the reference application. As such, claim 7 of the instant application is not patentably distinct from claim 12 of the reference application.
Instant Application (18/600,381) Claim 8
Note: Claim 8 depends from Claim 7.
Reference Application (18/738,415) Claim 13
Note: Claim 13 depends from Claim 12.
The system of Claim 7(element [M]),
[N] wherein an inlet and an outlet of the conduit extend through the cover.
The system of Claim 12 (element [M]),
[N] wherein an inlet and an outlet of the conduit extend through the cover.
Claim 8 of the instant application includes feature [N] which is exactly claimed by the reference application. As such, claim 8 of the instant application is not patentably distinct from claim 13 of the reference application.
Instant Application (18/600,381) Claim 9
Note: Claim 9 depends from Claim 8.
Reference Application (18/738,415) Claim 14
Note: Claim 14 depends from Claim 13.
The system of Claim 8(element [N]),
[O] further comprising an insulated cover configured to cover the cover.
The system of Claim 13 (element [N]),
[O] further comprising an insulated cover configured to cover the cover.
Claim 9 of the instant application includes feature [O] which is exactly claimed by the reference application. As such, claim 9 of the instant application is not patentably distinct from claim 14 of the reference application.
Instant Application (18/600,381) Claim 10
Reference Application (18/738,415) Claim 15
The system of Claim 1(elements [A]-[D] and [F]),
[P] wherein the first heat sink includes one or more heat pipes that are submerged in the phase change material.
The system of Claim 1 (elements [A]-[D] and [F], at least),
[P] wherein the first heat sink includes one or more heat pipes that are submerged in the phase change material.
Claim 10 of the instant application includes feature [P] which is exactly claimed by the reference application. As such, claim 10 of the instant application is not patentably distinct from claim 15 of the reference application.
Instant Application (18/600,381) Claim 11
Note: Claim 11 depends from Claim 10.
Reference Application (18/738,415) Claim 16
Note: Claim 16 depends from Claim 15.
The system of Claim 10(element [P]),
[Q] wherein the one or more heat pipes are two spaced apart heat pipes.
The system of Claim 15 (element [P]),
[Q] wherein the one or more heat pipes are two spaced apart heat pipes.
Claim 11 of the instant application includes feature [Q] which is exactly claimed by the reference application. As such, claim 11 of the instant application is not patentably distinct from claim 16 of the reference application.
Instant Application (18/600,381) Claim 12
Note: Claim 12 depends from Claim 10.
Reference Application (18/738,415) Claim 17
Note: Claim 17 depends from Claim 15.
The system of Claim 10(element [P]),
[Q] wherein the first heat sink includes one or more fins extending from the one or more heat pipes, the one or more fins being submerged in the phase change material.
The system of Claim 15 (element [P]),
[Q] wherein the first heat sink includes one or more fins extending from the one or more heat pipes, the one or more fins being submerged in the phase change material.
Claim 12 of the instant application includes feature [Q] which is exactly claimed by the reference application. As such, claim 12 of the instant application is not patentably distinct from claim 17 of the reference application.
Instant Application (18/600,381) Claim 13
Note: Claim 13 depends from Claim 12.
Reference Application (18/738,415) Claim 18
Note: Claim 18 depends from Claim 17.
The system of Claim 12(element [Q]),
[R] wherein the one or more fins are a plurality of fins that extend perpendicular to the one or more heat pipes..
The system of Claim 17 (element [Q]),
[R] wherein the one or more fins are a plurality of fins that extend perpendicular to the one or more heat pipes.
Claim 13 of the instant application includes feature [R] which is exactly claimed by the reference application. As such, claim 13 of the instant application is not patentably distinct from claim 18 of the reference application.
Instant Application (18/600,381) Claim 14
Note: Claim 14 depends from Claim 12.
Reference Application (18/738,415) Claim 19
Note: Claim 19 depends from Claim 17.
The system of Claim 12(element [Q]),
[S] wherein the one or more fins extend radially from the one or more heat pipes and along a length of the one or more heat pipes.
The system of Claim 17 (element [Q]),
[S] wherein the one or more fins extend radially from the one or more heat pipes and along a length of the one or more heat pipes.
Claim 14 of the instant application includes feature [S] which is exactly claimed by the reference application. As such, claim 14 of the instant application is not patentably distinct from claim 19 of the reference application.
Instant Application (18/600,381) Claim 15
Reference Application (18/738,415) Claim 20
The system of Claim 1(elements [A]-[D] and [F]),
[T] further comprising a heat spreader attached to the first heat sink, disposed in the chamber and extending circumferentially about an axis of the insulated vessel.
The system of Claim 1(elements [A]-[D] and [F], at least),
[T] further comprising a heat spreader attached to the first heat sink, disposed in the chamber and extending circumferentially about an axis of the insulated vessel.
Claim 15 of the instant application includes feature [T] which is exactly claimed by the reference application. As such, claim 15 of the instant application is not patentably distinct from claim 20 of the reference application.
Instant Application (18/600,381) Claim 16
Note: Claim 16 depends from Claim 15.
Reference Application (18/738,415) Claim 21
Note: Claim 21 depends from Claim 20.
The system of Claim 15(element [T]),
[U] wherein the heat spreader extends circumferentially about the conduit, the conduit comprising a continuous tube spiral with multiple spaced apart tube loops.
The system of Claim (element [T]),
[U] wherein the heat spreader extends circumferentially about the conduit, the conduit comprising a continuous tube spiral with multiple spaced apart tube loops.
Claim 16 of the instant application includes feature [U] which is exactly claimed by the reference application. As such, claim 16 of the instant application is not patentably distinct from claim 21 of the reference application.
Instant Application (18/600,381) Claim 17
Note: Claim 17 depends from Claim 15.
Reference Application (18/738,415) Claim 22
Note: Claim 22 depends from Claim 20.
The system of Claim 15(element [T]),
[V] wherein the heat spreader includes a plurality of folded fins.
The system of Claim 20 (element [T]),
[V] wherein the heat spreader includes a plurality of folded fins.
Claim 17 of the instant application includes feature [V] which is exactly claimed by the reference application. As such, claim 17 of the instant application is not patentably distinct from claim 22 of the reference application.
Instant Application (18/600,381) Claim 19
Reference Application (18/738,415) Claim 23
A beverage dispensing machine[W], comprising the chilled liquid dispensing system of Claim 1(elements [A]-[D] and [F]).
A beverage dispensing machine[W], comprising the chilled liquid dispensing system of Claim 1(elements [A]-[D] and [F], at least).
Claim 19 of the instant application includes feature [W] which is exactly claimed by the reference application. As such, claim 19 of the instant application is not patentably distinct from claim 23 of the reference application.
Instant Application (18/600,381) Claim 20
Note: Claim 20 depends from Claim 19.
Reference Application (18/738,415) Claim 24
Note: Claim 24 depends from Claim 23.
The beverage dispensing machine of Claim 19(element [W]),
[X] further comprising a housing, and a hot beverage brewing unit disposed in the housing, the chilled beverage dispensing system disposed in the housing and in fluid communication with the hot beverage brewing unit.
The beverage dispensing machine of Claim 23 (element [W]),
[X] further comprising a housing, and a hot beverage brewing unit disposed in the housing, the chilled beverage dispensing system disposed in the housing and in fluid communication with the hot beverage brewing unit.
Claim 20 of the instant application includes feature [X] which is exactly claimed by the reference application. As such, claim 20 of the instant application is not patentably distinct from claim 24 of the reference application.
Instant Application (18/600,381) Claim 21
Note: Claim 21 depends from Claim 19.
Reference Application (18/738,415) Claim 25
Note: Claim 25 depends from Claim 23.
The beverage dispensing machine of Claim 19(element [W]),
[Y] wherein the chilled liquid dispensing system is removable as a unit.
The beverage dispensing machine of Claim 23 (element [W]),
[Y] wherein the chilled liquid dispensing system is removable as a unit.
Claim 21 of the instant application includes feature [Y] which is exactly claimed by the reference application. As such, claim 21 of the instant application is not patentably distinct from claim 25 of the reference application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 26 April, 2024, 24 June, 2024, 2 July, 2024, 23 August, 2024, 30 September, 2024, 7 October, 2024, 3 December, 2024, 10 December, 2024, 17 December, 2024, 1 April, 2025, 18 July, 2025, 23 July, 2025, 26 November, 2025, 5 December, 2025, are being considered by the examiner.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-4, 6, 10-11, and 19-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over LICARE (US 2016/0073819 A1 – published 17 March, 2016), in view of GAGLIANO (US 2007/0056296 A1 – published 15 March, 2007).
As to claim 1, LICARE discloses a chilled liquid dispensing system (122), comprising:
an insulated vessel (par. 60) having a chamber (interior receiving and discharging coolant fluid; figures 2-3; par. 45) containing a phase change material (par. 38; coolant);
a conduit(124) disposed in the chamber of the insulative vessel (figures 2-3) and having a portion submerged in the phase change material so that the phase change material is in thermal contact with an outer surface of the portion of the conduit (par. 45 and figures 2-3), the conduit configured to receive therethrough a liquid at a first temperature above an ambient temperature that cools as it flows through the conduit and heat is transferred to the phase change material to cool the liquid to a second temperature below the ambient temperature (par. 47 and 63, in view of the hot brewed beverage being substantially above a room temperature and being cooled to below a room temperature).
However, LICARE does not expressly disclose including a first heat sink, a thermoelectric module, and a second heat sink, as further required by the claimed invention.
GAGLIANO, however, is within the field of endeavor provided a chilled liquid dispensing system (abstract). GAGLIANO teaches including a first heat sink (220 and/or 230; par. 35) disposed within a chamber of an insulated vessel (par. 35) which contains a phase change material (par. 35), so that the phase change material is in thermal contact with an outer surface of the first heat sink (par. 35; figure 2). GAGLIANO teaches wherein a thermoelectric module(305;par. 36-39) has one side(310 or 315) in thermal communication with the first heat sink (figure 3, depicting side, 310 or 315, in communication with the ice growing appendage, defined by 220 and 230; par. 36-39 and 64). In addition, a second heat sink(220 and/or 320) is disposed outside of the chamber of the insulated vessel (figures 2-3) and in thermal communication with an opposite side of the thermoelectric module (figure 3, depicting side, 310 or 315, in communication with the second heat sink, defined by 320; par. 36-39 and 64). The device of GAGLIANO is taught to be operable wherein the thermoelectric module is operable to charge or freeze the phase change material by pumping heat out of the phase change material via the first heat sink to the second heat sink (par. 36-39 and 64, which results in the formation of the ice, 235, at the first heat sink). Specifically, GAGLIANO discloses wherein the use of the heat sinks and thermoelectric within a chilled liquid dispensing system to improve capability of such systems by dispensing two or more beverages at a desired temperature (par. 32, in view of the problem found by the Applicant with conventional systems to inadvertently dispense beverages at temperatures warmer than desired, par. 2-4), while achieving higher operating efficiencies (par. 36). Therefore, it would have been obvious to one having ordinary skill within the art, prior to the date the invention was effectively filed, to modify LICARE, in view of the teachings of GAGLIANO to include the thermoelectric module, first heat sink, and second heat sink, as structurally and functionally claimed, to overcome these drawbacks known in the prior art, while ensuring the dispensing of the desired temperature and achieving higher operating efficiencies.
As to claim 2, LICARE, as modified, does not further disclose the requirements of the claimed invention.
However, GAGLIANO, further, discloses wherein air flows past the second heat sink to remove heat from the second heat sink (par. 37, via fan, 325; par. 43, via fan 365). The airflow generated by the fan assists in conducting heat away from the second heat sink (320), and thereby the TEC (par. 37). Therefore, it would have been obvious to one having ordinary skill within the art, prior to the date the invention was effectively filed, to modify LICARE, in view of the teachings of GAGLIANO, to include the airflow moving past the second heat sink for this reason.
As to claim 3, LICARE, as modified by GAGLIANO, previously taught moving airflow past the second heat sink to remove heat form the second heat sink, wherein the airflow is generated by a fan (see rejection of claim 2).
As such, the combination of LICARE, in view of GAGLIANO, for the reasons previously provided within the rejection of claim 2, effectively teaches the requirements set forth by claim 3 (the inclusion of one fan to cool the second heat sink). Therefore, it would have been obvious to one having ordinary skill within the art, prior to the date the invention was effectively filed, to modify LICARE, in view of the teachings of GAGLIANO, to include the airflow moving past the second heat sink, by including a fan to facilitate the airflow movement past the second heat sink, for the reasons provided within the rejection of claim 2.
As to claim 4, LICARE, as modified by GAGLIANO, does not further disclose the requirements of the claimed invention.
GAGLIANO, however, further teaches wherein a conduit (345) carrying the liquid to be cooled within the chilled liquid dispensing system (par. 41 and 45) is comprised of a continuous tube spiral (par. 41) with multiple spaced apart tube loops(figures 2, 4A-4C) extending circumferentially about the first heat sink within the chamber (figures 2, 4A, and 4C). Again, GAGLIANO discloses wherein the use of the heat sinks and thermoelectric within a chilled liquid dispensing system to improve capability of such systems by dispensing two or more beverages at a desired temperature (par. 32, in view of the problem found by the Applicant with conventional systems to inadvertently dispense beverages at temperatures warmer than desired, par. 2-4), while achieving higher operating efficiencies (par. 36). Furthermore, the coiling of the conduit about the first heat sink within the chamber, enables the system to sufficiently cool the beverage within the conduit (par. 45) to the desired temperature. Therefore, it would have been obvious to one having ordinary skill within the art, prior to the date the invention was effectively filed, to modify LICARE, in view of the teachings of GAGLIANO to include conduit, as structurally claimed, to overcome these drawbacks known in the prior art, while ensuring the dispensing of the desired temperature and achieving higher operating efficiencies.
As to claim 6, LICARE, as modified, previously disclosed the vessel being an insulated vessel (see rejection of claim 1). However, LICARE, does not expressly disclose wherein the insulated vessel comprises a second insulated vessel surrounding the insulated vessel.
GAGLIANO, however, indicates wherein one or more layers of insulating materials can be used to define the insulated vessel (par. 48) so as to allow for optimization of the total insulation thickness (par. 48) and a high net resistance to thermal conductivity of the vessel to adequately achieve the cooling desired (par. 35). Therefore, it would have been obvious to one having ordinary skill within the art, prior to the date the invention was effectively filed, to modify LICARE, in view of the teachings of GAGLIANO to include the second insulated vessel surrounding the insulated vessel, as structurally claimed, for these reasons.
As to claim 7, LICARE, as previously modified, does not further disclose the requirements of the claimed invention.
However, GAGLIANO, further teaches wherein the vessel includes a cover (par. 46) to close the insulated vessel (par. 46) which includes the second heat sink (320) extending through the cover (figure 2-3). Specifically, GAGLIANO discloses wherein the use of the heat sinks and thermoelectric within a chilled liquid dispensing system to improve capability of such systems by dispensing two or more beverages at a desired temperature (par. 32, in view of the problem found by the Applicant with conventional systems to inadvertently dispense beverages at temperatures warmer than desired, par. 2-4), while achieving higher operating efficiencies (par. 36). Therefore, it would have been obvious to one having ordinary skill within the art, prior to the date the invention was effectively filed, to modify LICARE, in view of the teachings of GAGLIANO to include the second heat sink and cover, as structurally claimed, to overcome these drawbacks known in the prior art, while ensuring the dispensing of the desired temperature and achieving higher operating efficiencies.
As to claim 10, LICARE, as modified, previously taught the first heat sink being submerged in the phase change material (see rejection of claim 1), but does not disclose wherein the first heat sink is one or more heat pipes.
GAGLIANO, however, teaches wherein the first heat sink can be defined by one or more heat pipes (par. 35 and 59-62; figures 4C and 16). The application of the heat pipes as the first heat sink allows for easier control of the ice growth, in addition to efficiently transferring cooling capacity (par. 62). Therefore, it would have been obvious to one having ordinary skill within the art, prior to the date the invention was effectively filed, to modify LICARE, in view of the teaching of GAGLIANO, to include the first heat sink as one or more heat pipes for these reasons.
As to claim 11, LICARE, as modified, previously taught the inclusion of the one or more heat pipes (see rejection of claim 10), but does not further disclose wherein the one or more heat pipes are two spaced apart heat pipes.
GAGLIANO, however, teaches wherein the one or more heat pipes (par. 35 and 59-62) are two spaced apart heat pipes (figures 4C and 16). The application of the heat pipes as the first heat sink allows for easier control of the ice growth, in addition to efficiently transferring cooling capacity (par. 62). Therefore, it would have been obvious to one having ordinary skill within the art, prior to the date the invention was effectively filed, to modify LICARE, in view of the teaching of GAGLIANO, to include the first heat sink as one or more heat pipes, which are two spaced apart heat pipes, for these reasons.
As to claim 19, LICARE, as modified, further teaches a beverage dispensing machine(100; figures 1 and 2), comprising the chilled liquid dispensing system of claim 1 (see rejection of claim 1).
As such, the combination of LICARE, in view of GAGLIANO, for the reasons previously provided within the rejection of claim 1, effectively teaches the requirements set forth by claim 19. Therefore, it would have been obvious to one having ordinary skill within the art, prior to the date the invention was effectively filed, to modify LICARE, in view of the teachings of GAGLIANO, for the reasons provided within the rejection of claim 1.
As to claim 20, LICARE, as modified, further discloses comprising a housing (figure 1 exterior structure defining the device, 100) and a hot beverage brewing unit (portion of 116 which receives and brews the hot beverage) disposed in the housing (figures 1-2), the chilled beverage dispensing system (122) disposed in the housing (figures 1-2) and in fluid communication with the hot beverage brewing unit (figure 2; par. 42).
Again, it will be noted, the chilled liquid dispensing system was previously provided for within the rejection of claim 1 and claim 19. As such, the combination of LICARE, in view of GAGLIANO, effectively teaches the requirements set forth by claim 20. Therefore, it would have been obvious to one having ordinary skill within the art, prior to the date the invention was effectively filed, to modify LICARE, in view of the teachings of GAGLIANO, for the reasons provided within the rejection of claim 1, at least.
As to claim 21, LICARE, as modified, further discloses wherein the chilled liquid dispensing system is removable as a unit (par. 42).
Claim(s) 5, 8, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over LICARE (US 2016/0073819 A1 – published 17 March, 2016), in view of GAGLIANO (US 2007/0056296 A1 – published 15 March, 2007) and MAIER (US 2019/0300358 A1 – published 3 October, 2019).
As to claim 5, LICARE, as modified, previously disclosed the vessel being an insulated vessel (see rejection of claim 1). However, LICARE, does not expressly disclose wherein the insulated vessel is necessarily a double-walled vacuum insulated vessel.
MAIER, however, is within the field of endeavor provided a chilled liquid dispensing system (abstract; par. 19). MAIER teaches wherein it is known to provide a vessel as a double-walled vacuum insulated vessel, as doubled-walled vacuum insulated vessel provide superior insulating properties and minimizes insulation thickness for an equivalent R-value or thermal resistance (par. 23). Therefore, it would have been obvious to one having ordinary skill within the art, prior to the date the invention was effectively filed to modify LICARE, in view of the teachings of MAIER, to include the insulated vessel as a double-walled insulated vessel for these reasons.
As to claim 8, LICARE, as modified, discloses the cover (par. 46) with an inlet extending therethrough (figures 1-2), but does not expressly teach wherein an outlet of the conduit extend through the cover.
MAIER , however, is within the field of endeavor provided a chilled liquid dispensing system (abstract; par. 19). MAIER teaches that in the art of chilled liquid dispensing, that it is a known method to provide the inlet and the outlet (20 ad 34) of the conduit carrying the liquid through the cover (100). This is strong evidence that modifying LICARE as claimed was well within the ordinary capabilities of one skilled in the art and would produce predictable results to one skilled in the art, (i.e., directing the fluid flow into and out of the liquid dispenser chamber to dispense the beverage). Accordingly, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed, to modify LICARE by MAIER such that the inlet and the outlet of the conduit extend through the cover, since all claimed elements were known in the art, and one having ordinary skill in the art could have modified the prior art as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of directing the fluid flow into and out of the liquid dispenser chamber to dispense the beverage.
As to claim 9, LICARE, as previously modified, does not further disclose the requirements of the claimed invention.
However, GAGLIANO, further teaches wherein the vessel including the cover (par. 46) is formed of an insulated material (par. 35 and 48), inclusive of multiple layers of insulation, necessarily by formulation of the vessel being formed of the plurality of layers of insulated material. Again, GAGLIANO intends the vessel to be formed of such insulated material so as to allow for optimization of the total insulation thickness (par. 48) and a high net resistance to thermal conductivity of the vessel to adequately achieve the cooling desired (par. 35). Therefore, it would have been obvious to one having ordinary skill within the art, prior to the date the invention was effectively filed, to modify LICARE, in view of the teachings of GAGLIANO to include the cover, formed as a structure defining the insulated vessel to be an insulated cover, as structurally claimed, for these reasons.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over LICARE (US 2016/0073819 A1 – published 17 March, 2016), in view of GAGLIANO (US 2007/0056296 A1 – published 15 March, 2007) and FREEDMAN (US 11,297,976 B2 – published 12 April, 2022).
As to claim 18, LICARE, as modified, discloses wherein further cold brewing technologies can be implemented (par. 61), but does not expressly disclose the requirements set forth by claim 18.
FREEDMAN, however, is within the field of endeavor provided a chilled liquid dispensing system (abstract). FREEDMAN teaches such systems can include multiple cooling stages following a brewing of the beverage (internal to system, 130), as shown in figure 1. More particularly, FREEDMAN teaches wherein the multiple stages include a reservoir (151) configured to receive a liquid at a first temperature above an ambient temperature (col. 16, lines 48-53, in view of col.18, lines 47-50) and a heat exchanger (160) operable to receive the liquid form the reservoir and to cool the liquid to a second temperature below the first temperature and above the ambient temperature (col.18, lines 47-53) by flowing air past a second conduit (figure 11; col.18, lines 32-37) within which the liquid is configured to flow (upon entry and exit from the chamber of heat exchanger, 160; col.16, lines 62-63; col.20, lines 10-16), the second conduit being upstream of an inlet of a conduit which receives the liquid and cools to a subsequent temperature (155, entering into 170; figure 1). Such methodology provided by FREEDMAN enables cooling of the brewed beverage from a hot form to an iced form without any dilution, and thereby maintaining the desired flavor of the coffee (col. 33, lines 43-50). Therefore, it would have been obvious to one having ordinary skill within the art, prior to the date the invention was effectively filed to modify LICARE, in view of FREEDMAN to include multiple cooling stages, inclusive of the additional reservoir, heat exchanger, and conduit, upstream of another conduit defined within the chilled liquid dispensing system of provide cooling of the brewed beverage from a hot form to an iced form without any dilution, and thereby maintaining the desired flavor of the coffee (col. 33, lines 43-50).
Allowable Subject Matter
Claims 12-17 are rejected under the double patenting rejection provided herein, and dependent upon a rejected base claim. However, the subject matter within claims 12-17 is considered to be allowable, and would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, in addition to complying with the double patenting rejection herein.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art recognizes the application of heat sinks within chilled beverage dispensing applications (taught by GAGLIANO (US 2007/0056296 A1 – published 15 March, 2007)). It is further noted that the application of fins is widely known within the ordinary skill of the art to be applied to heat sinks and heat pipes for the known purpose of increasing the heat transfer surface area (ZEIGHAMI – US 2005/0224214 A1 provides a generic heat pipe with fins applied thereto in various forms). However, providing such teachings to the teaching reference of GAGLIANO, would necessarily provide modifications to a teaching reference, as opposed to the base reference of LICARE. For this reason, the prior art does not reasonably disclose, teach, and/or otherwise suggest the claimed invention as set forth within dependent claims 12-17.
Conclusion
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/JENNA M MARONEY/Primary Examiner, Art Unit 3763 12/19/2025
JENNA M. MARONEY
Primary Examiner
Art Unit 3763