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 .
Claim Objections
Claim 1 is objected to because of the following informalities: line 5 of claim 1 recites “pressuriable”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 13 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 13 recites the limitation "the infusion contactor”. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-2,4-15 are rejected under 35 U.S.C. 103 as being unpatentable Levine (US 2021/0225120) in view of Cimatti et al. (US 2020/0122994).
Claim 1, Levine discloses a smoothie vending machine, comprising: a refrigeration system (smoothie vending machine of fig.1 inherently has a refrigeration system which is insulated and a refrigerator for cooling the interior portion) comprising an insulated housing and refrigerator for cooling an interior portion of the insulated housing (para.0164), a smoothie storage system (801; fig.26) comprising a pressurizable storage vessel (smoothie storage compartment 801 is inherently pressurized since the interior clearly has a pressure) for storing smoothie product and an agitation system (803 provides the rotational power to maintain the slurry consistency for the smoothie) for agitating smoothie product within the pressuriable storage vessel (para.0164), the pressurizable storage vessel (801) arranged within the insulated housing (fig.1), a dispensing system (para.0067-0117; the smoothie vending machine inherently has a dispensing system to dispense smoothies) configured for dispensing smoothie product for consumption, and a control system (the control system that governs all the processor-controller signals for the dispensing device; para.0071-0282) comprising at least one processor arranged for execution of instructions stored in memory, and communications circuity for communicating signals to and from the processor, the control system configured for governing operation of the dispensing system for dispensing smoothie product (the control system that governs all the processor-controller signals for the dispensing device performs all these functions in order for the smoothie vending machine to be operable and functional for customers; para.0071-0282).
Levine does not disclose a nitrogen-infused smoothie vending machine; a nitrogen system configured for providing nitrogen for infusion of smoothie product, a dispensing system configured for dispensing nitrogen-infused smoothie product for consumption, the control system configured for governing operation of the nitrogen system to provide nitrogen gas for infusion into the smoothie product, and configured for governing operation of the dispensing system for dispensing nitrogen-infused smoothie product.
Cimatti discloses a nitrogen-infused beverage dispenser (fig.1); a nitrogen system (para.0152-0153) configured for providing nitrogen for infusion of beverage product, a dispensing system configured for dispensing nitrogen-infused beverage product for consumption (the device of Cimatti is a nitrogen-infused beverage dispenser which inherently has such a dispensing system), the control system (para.0294-0302) configured for governing operation of the nitrogen system to provide nitrogen gas for infusion into the beverage product, and configured for governing operation of the dispensing system for dispensing nitrogen-infused beverage product (the device of Cimatti inherently has a control system to govern the nitrogen-infusion of the beverages and the dispensing thereof). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Levine with a nitrogen-infused smoothie vending machine; a nitrogen system configured for providing nitrogen for infusion of smoothie product, a dispensing system configured for dispensing nitrogen-infused smoothie product for consumption, the control system configured for governing operation of the nitrogen system to provide nitrogen gas for infusion into the smoothie product, and configured for governing operation of the dispensing system for dispensing nitrogen-infused smoothie product for the sole purpose of having the capability to dispense nitrogen infused beverage which would provide a silkier and sweeter beverage with or without additional additives and/or flavorings.
Claim 2, Levine discloses wherein the agitation system (803) comprises a mechanical agitator arranged to disrupt settlement of the smoothie product within the pressurizable storage vessel (801).
Claim 4, Levine discloses wherein the control system (the control system that governs all the processor-controller signals for the dispensing device; para.0071-0282 which includes the operation of 803) is configured to govern operation of the agitation system (803) to agitate the smoothie product.
Claim 5, Levine does not disclose wherein the nitrogen system comprises a bulk nitrogen storage vessel.
Cimatti discloses wherein the nitrogen system (para.0152-0153) comprises a bulk nitrogen storage vessel (136). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Levine with wherein the nitrogen system comprises a bulk nitrogen storage vessel for the sole purpose of having the capability to dispense nitrogen infused beverage which would provide a silkier and sweeter beverage with or without additional additives and/or flavorings.
Claim 6, Levine does not disclose wherein the nitrogen system comprises a nitrogen generator for producing nitrogen from ambient air.
Cimatti discloses wherein the nitrogen system (nitrogen membrane separator; para.0156) comprises a nitrogen generator for producing nitrogen from ambient air (para.0156; tankless gas system). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Levine with wherein the nitrogen system comprises wherein the nitrogen system comprises a nitrogen generator for producing nitrogen from ambient air for the sole purpose of having the capability to dispense nitrogen infused beverage which would provide a silkier and sweeter beverage with or without additional additives and/or flavorings by having a tankless nitrogen gas system.
Claim 7, Levine discloses wherein the smoothie product comprises a slurry (smoothies comprise slurry; 803 provides the rotational power to maintain the slurry consistency for the smoothie).
Claim 8, Levine does not disclose wherein the control system is configured to provide nitrogen from the nitrogen system to the smoothie product storage system.
Cimatti discloses wherein the control system (the device of Cimatti inherently has a control system to govern the nitrogen-infusion of the beverages and the dispensing thereof; para.0294-0302) is configured to provide nitrogen from the nitrogen system (para.0152-0153) to the beverage product storage system (figs.1-6; the beverage dispenser of Cimatti inherently has storage systems for the beverages infused with nitrogen). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Levine with wherein the control system is configured to provide nitrogen from the nitrogen system to the smoothie product storage system for the sole purpose of having the capability to dispense nitrogen infused beverage which would provide a silkier and sweeter beverage with or without additional additives and/or flavorings.
Claim 9, Levine does not disclose wherein the control system is configured to provide nitrogen into the pressurizable storage vessel for storing smoothie product for at least partial infusion of the smoothie product.
Cimatti discloses wherein the control system (the device of Cimatti inherently has a control system to govern the nitrogen-infusion of the beverages and the dispensing thereof; para.0294-0302) is configured to provide nitrogen (para.0152-0153) for at least partial infusion of the beverage product (the device of Cimatti inherently has this capability since that’s how the nitrogen-infused customized beverage recipes are prepared; fig.21; para.0152-0212). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Levine with wherein the control system is configured to provide nitrogen into the pressurizable storage vessel for storing smoothie product for at least partial infusion of the smoothie product for the sole purpose of having the capability to dispense nitrogen infused beverage which would provide a silkier and sweeter beverage with or without additional additives and/or flavorings.
Claim 10, Levine does not disclose wherein the control system is configured to provide nitrogen into the pressurizable storage vessel to regulate the oxygen level therein.
Cimatti discloses wherein the control system (the device of Cimatti inherently has a control system to govern the nitrogen-infusion of the beverages and the dispensing thereof; para.0294-0302) is configured to provide nitrogen (para.0152-0153) to regulate the oxygen level therein (merely infusing nitrogen gas into the container containing the beverage to be infused inherently regulates oxygen levels primarily by displacing oxygen thereby reducing the oxygen concentration). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Levine with wherein the control system is configured to provide nitrogen into the pressurizable storage vessel to regulate the oxygen level therein for the sole purpose of having the capability to dispense nitrogen infused beverage which would provide a silkier and sweeter beverage with or without additional additives and/or flavorings.
Claim 11, Levine does not disclose wherein the control system is configured to selectively operate a nitrogen valve to maintain nitrogen within the pressurizable storage vessel.
Cimatti discloses wherein the control system (the device of Cimatti inherently has a control system to govern the nitrogen-infusion of the beverages and the dispensing thereof; para.0294-0302) is configured to selectively operate a nitrogen valve (para.0154; flow controlling needle valve) to maintain nitrogen within the membrane (para.0154). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Levine with wherein the control system is configured to selectively operate a nitrogen valve to maintain nitrogen within the pressurizable storage vessel for the sole purpose of having the capability to dispense nitrogen infused beverage which would provide a silkier and sweeter beverage with or without additional additives and/or flavorings.
Claim 12, Levine does not disclose wherein the nitrogen system is arranged to supply nitrogen to an infusion contactor configured to pass smoothie product from the pressurizable storage vessel in contact with nitrogen for infusion.
Cimatti discloses wherein the nitrogen system (para.0152-0153) is arranged to supply nitrogen (para.0152-0153) to an infusion contactor (para.0153-0154; the contactor of Cimatti enables the nitrogen and/or carbon dioxide gas to be infused into the customized beverage the customer selected) configured to pass beverage product in contact with nitrogen for infusion (the beverage dispenser of Cimatti inherently functions in this manner since that’s how the nitrogen gas is infused into the beverage which is stored in the dispenser). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Levine with wherein the nitrogen system is arranged to supply nitrogen to an infusion contactor configured to pass smoothie product from the pressurizable storage vessel in contact with nitrogen for infusion for the sole purpose of having the capability to dispense nitrogen infused beverage which would provide a silkier and sweeter beverage with or without additional additives and/or flavorings.
Claim 13, Levine does not disclose wherein the infusion contactor is arranged between the smoothie storage system and the dispensing system.
Cimatti discloses wherein the infusion contactor (para.0153-0154; the contactor of Cimatti enables the nitrogen and/or carbon dioxide gas to be infused into the customized beverage the customer selected) is arranged near the beverage storage system (figs.1-6; the beverage dispenser of Cimatti inherently has storage systems for the beverages infused with nitrogen) and the dispensing system (170). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Levine with wherein the infusion contactor is arranged between the smoothie storage system and the dispensing system because it enables the dispensing of nitrogen infused beverage which would provide a silkier and sweeter beverage with or without additional additives and/or flavorings. Furthermore, the arrangement of the infusion contactor between the smoothie storage system and the dispensing system or any other arbitrary location within the dispenser merely requires routine skill in the art to implement.
Claim 14, Levine does not disclose wherein the nitrogen provided from the nitrogen system is nitrogen gas.
Cimatti discloses the nitrogen (nitrogen from nitrogen gas tank 136) provided from the nitrogen system is nitrogen gas (para.0152-0153). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Levine with wherein the nitrogen provided from the nitrogen system is nitrogen gas for the sole purpose of having the capability to dispense nitrogen infused beverage which would provide a silkier and sweeter beverage with or without additional additives and/or flavorings.
Claim 15, Levine does not disclose wherein the nitrogen provided from the nitrogen system is nitrogen and carbon dioxide gas.
Cimatti discloses wherein the nitrogen provided from the nitrogen system (para.0151-0152) is nitrogen and carbon dioxide gas (nitrogen gas tank 136 and the nitrogen can be mixed into the diluent gas in the gas mixing chamber 137; carbon dioxide is a very commonly utilized diluent gas employed with nitrogen). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Levine with wherein the nitrogen provided from the nitrogen system is nitrogen and carbon dioxide gas for the sole purpose of having the capability to dispense nitrogen infused beverage which would provide a silkier and sweeter beverage with or without additional additives and/or flavorings.
Claim 3 rejected under 35 U.S.C. 103 as being unpatentable Levine (US 2021/0225120) in view of Cimatti et al. (US 2020/0122994) in view of Di Maria (US 2019/0254465).
Clam 3, Levine in view of Cimatti do not disclose wherein the agitation system comprises magnetic field generation system arrange to provide magnetic driven motion to the mechanical agitator arranged within the pressurizable storage vessel.
Maria discloses wherein the agitation system (170A) comprises magnetic field generation system (176) arrange to provide magnetic driven motion (para.0098) to the mechanical agitator (173) arranged within the storage vessel (fig.2). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Levine in view of Cimatti with wherein the agitation system comprises magnetic field generation system arrange to provide magnetic driven motion to the mechanical agitator arranged within the pressurizable storage vessel simply because the use of electromagnets which produce magnetic field to mix beverage ingredients is very well-known in the beverage art as just another means of mixing and/or agitating beverage mixtures that require mixing.
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable Levine (US 2021/0225120) in view of Cimatti et al. (US 2020/0122994) in view of Zuckerman et al. (US 2014/0089077).
Claim 16, Levine in view of Cimatti do not disclose wherein the control system is arranged in communication with a remote system for communications of vending machine parameters.
Zuckerman discloses wherein the control system is arranged in communication with a remote system for communications of vending machine parameters (para.0025). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Levine in view of Cimatti with wherein the control system is arranged in communication with a remote system for communications of vending machine parameters to have the capability of communicating with a remote computer or remote computers to provide information related to the dispensing machine related to the machine’s inventory status.
Claim 17, Levine in view of Cimatti do not disclose wherein the vending machine parameters includes at least one of smoothie quality parameters, amount of smoothie within the storage vessel, and amount of nitrogen within the nitrogen system.
Zuckerman discloses wherein the vending machine parameters includes at least one of smoothie quality parameters (para.0025), number of items within the kiosk (para.0025). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Levine in view of Cimatti with wherein the vending machine parameters includes at least one of smoothie quality parameters, amount of smoothie within the storage vessel, and amount of nitrogen within the nitrogen system to have the capability of communicating with a remote computer or remote computers to provide information related to the dispensing machine related to the machine’s inventory status.
Conclusion
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/AYODEJI T OJOFEITIMI/Examiner, Art Unit 3651