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 .
Claim Rejections - 35 USC § 112
2. 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.
3. Claims 3-5, 10-20 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- Claim 3 is indefinite because “the control box” lacks proper antecedent basis.
II- In claims 3 and 5, the word “optionally” renders the claim indefinite as it is unclear which structures are present and required.
III- Claim 10 is indefinite because “the probe” (line 7) lacks proper antecedent basis.
Claim Rejections - 35 USC § 103
4. 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.
5. 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.
6. Claims 1, 5, 7-13, 16, 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Niermeyer et al. 7,946,751 in view of Reynolds 4,915,160.
Niermeyer et al. disclose a fluid dispensing system (100), which comprises a hot fluid control valve (102) for controlling a flow of hot fluid through a hot fluid line (114); a tap fluid control valve (104) for controlling a flow of tap fluid through a tap fluid line (116); a mixing line (106) in fluid communication with the hot fluid line and the tap fluid line; temperature sensor (108), temperature sensor (112), a controller configured to adjust the hot fluid control valve and the tap fluid control valve to achieve a target fluid temperature (col. 4, ll. 46-58). Niermeyer et al. lack that one or more probes for detecting a temperature of ambient air, a temperature of material, or both; and a controller configured to adjust the hot fluid control valve and the tap fluid control valve to achieve a target fluid temperature based on data collected by the probe. Reynolds teaches the use of a fluid dispensing system for multiple products as seen in Figure 1, which comprises one or more probes for detecting a temperature of ambient air, a temperature of material, or both and a controller (12) configured to adjust the products to achieve a target fluid temperature based on data collected by the probe (col. 3, ll. 60-68 onto col 4, ll. 1-17 and col. 8, ll. 20-45); a user interface (14); a final shutoff valve (7); the controller is configured to calculate a work value based on a final material temperature detected by the probe after a mixing cycle (col. 3, ll. 60-68 onto col 4, ll. 1-12); wherein the controller is configured to control the hot fluid control valve and/or the tap fluid control valve based on the calculated work value to achieve a target material temperature (col. 3, ll. 60-68 onto col 4, ll. 1-17 and col. 8, ll. 20-45) .
It would have been obvious to one having ordinary skill in the art before the effective filling date of the application to utilize Reynolds’ teaching onto the system of Niermeyer et al. by providing the probe and controller, in order to dispense a mixed variations of the products depending on the user demand.
Further, it would have been obvious to one having ordinary skill in the art before the effective filling date of the application to provide the final shutoff valve of Reynolds’ onto the system of Niermeyer et al., in order to control the mixed products during discharging.
The system shown by Niermeyer et al. and Reynolds will perform the method recited in claims 10-13, 16, 18-20 during normal operational use of the device.
7. Claims 2-3, 14 are rejected under 35 U.S.C. 103 as being unpatentable over Niermeyer et al. 7,946,751 in view of Reynolds 4,915,160 as applied to claims 1 and 12 above, and further in view of Chase et al. 8,245,735.
Niermeyer et al.-Reynolds in combination, have taught all the features of the claimed invention except that the controller is provided in a control box, the control box further comprising a user interface and a housing for housing the valves and sensor. Chase et al. teach the use of a controller (82) is provided in a control box (44), the control box further comprising a user interface (49) and a housing (4/14) for housing the valves and sensor as seen in Figure 1.
It would have been obvious to one having ordinary skill in the art before the effective filling date of the application to utilize the teaching of Chase et al. onto the system of Niermeyer et al. and Reynolds by modifying the controller to have a control box and a housing for protection, in order to allow a user to select particular operational parameters for the system.
8. Claims 6 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Niermeyer et al. 7,946,751 in view of Reynolds 4,915,160 as applied to claims 1 and 10 above, and further in view of Reeder et al/ 2008/0271238.
Niermeyer et al.-Reynolds in combination, have taught all the features of the claimed invention except that the hot fluid control valve, the tap fluid control valve, or both comprises one or more solenoid valves. Reeder et al. teaches the use of a hot fluid control valve (60a), a tap fluid control valve (60b), and both valves being solenoid valves (col. 5, para. [0126]).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the application to utilize the teaching of Reeder et al. onto the valves of Niermeyer et al. and Reynolds to be solenoid valves, in order to allow the controller to electronically activate the valves.
Allowable Subject Matter
9. Claims 4 and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
10. The prior art made of record and not relied upon is considered pertinent to applicants' disclosure.
11. 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. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/FREDERICK C NICOLAS/Primary Examiner, Art Unit 3754