DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Specification
2. The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: “a beverage and/or flowable edible product dispenser; an actuator, faucet; faucet system; a refrigeration system for beer”.
Claim Rejections - 35 USC § 112
3. 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.
4. Claims 24-25 and 28 are 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.
I- In claim 24, lines 2-3, the phrase "type of liquid beverage and/or flowable edible product" renders the claim indefinite because the claim includes element not actually disclosed (those encompassed by "type"), thereby rendering the scope of the claim unascertainable.
II- Claim 25 is indefinite because “the component” lacks proper antecedent basis.
III- Claim 28 is indefinite because “the dispensing system component” (line 1) and “the controller” (line 3) lack proper antecedent basis.
Allowable Subject Matter
5. Claims 1-23, 26-27 are allowed.
6. Claims 24-25, 28 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Response to Arguments
7. Applicant’s arguments submitted on 12/18 2025 have been fully considered. The Terminal Disclaimer filed on December 18, 2025, which has been fully considered and approved in this action. Applicant’s arguments with respect the prior art rejections are moot in view of the new rejections made in this Office Action.
Conclusion
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDERICK C NICOLAS whose telephone number is (571)272-4931. The examiner can normally be reached Monday-Thursday 8:00 AM -: 4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul R. Durand can be reached at 571-272-4459. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FREDERICK C NICOLAS/ Primary Examiner, Art Unit 3754