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 .
Election/Restrictions
Applicant's election with traverse of Group II in the reply filed on May 22, 2026 is
acknowledged. The traversal is on the grounds that claims 1 – 14 represent a “product and process of use” combination, having unity under 37 CFR 1.475(b)(2). This is found persuasive.
The requirement is therefore withdrawn.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “wall disintegration” limitation recited in claim 1 must be shown or the feature canceled from the claim. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following:
The As-Filed specification does not disclose the means in which the limitation, “wall disintegration”, recited in claim 1 is facilitated.
Appropriate correction is required.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1, “available for” should be rewritten as --- capable of ---. “un sealing” should be rewritten as --- unsealing ---.
Claim 2 is objected to because of the following informalities:
Claim 2, “in directly” should be rewritten as --- directly to ---. --- the --- should be added before “at least one first compartment” in line 2. --- an --- should be added before “outer diameter”.
Claim 4, --- the beverage --- should be added after “release”.
Claim 5, “facility” in line 2 should be rewritten as --- a way ---. “ingredients/” should be rewritten as --- ingredients ---. --- the --- should be added before “vent and sipper slot”.
Claim 6, “out flow” should be rewritten as --- outflow ---.
Claim 9, “and subsequently” in line 5 should be rewritten as --- after ---.
Claim 10, “and” should be rewritten as --- or --- in the limitation “one or more ingredients in a solid and in a liquid state”
Claim 12, “combines” should be rewritten as --- combined ---. “and” should be written as --- or --- in the limitation “fruit juice, flavoured drinks, aerated drinks, and alcoholic drinks”.
Claim 13, “release” should be rewritten as --- releases ---. --- the beverage – should be added before “as required”.
Claim 18, “facility” in line 1 should be rewritten as --- a way ---. --- the --- should be added before “vent and sipper slot”.
Claim 20, “and subsequently” should be rewritten as --- after ---.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
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 1 – 20 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 1 recites the limitation “wall disintegration of the apparatus”. It is unclear how wall disintegration is facilitated as it is not detailed in the specification
Claim 1 recites the limitation “by applying slidable force, twist, push, press, pull and piston press force initiated by unlocking, tearing, cap removing, unsealing, and wall disintegration of the apparatus.”. It is unclear if the invention is meant to perform all of these limitations in ONE embodiment or if the invention is capable of performing these features through multiple embodiments. Applicant As-Filed specification discloses the invention is capable of performing these limitations through multiple embodiments, therefore this limitation will be interpreted as “by applying slidable force, twist, push, press, pull OR piston press force initiated by unlocking, tearing, cap removing, unsealing, OR wall disintegration of the apparatus.”.
Claim 2 recites the limitation "neck region" in lines 3 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation “wall disintegration of the apparatus”. It is unclear how wall disintegration is facilitated as it is not detailed in the specification
Claim 4 recites the limitation "the tamper-proof seal" in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the twist-motion control" in lines 1 – 2 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the one or more ball sockets" in lines 9 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "neck region" in lines 3 of the claim. There is insufficient antecedent basis for this limitation in the claim.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 8 rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 1, which claim 8 is dependent upon, recites the limitation “one or more wheel members comprising one or more screws and at least one or more conical lock members”. Claim 8 recites “when there is no wheel member”. Claim 1 positively recites the limitation of a wheel member which claim 8 fails to include, causing claim 8 to fail to include all the limitations of the claim upon which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 1 – 20 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, Chen (US 20220153490 A1) discloses;
A portable and retail packaging apparatus for storing and mixing one or more ingredients and consuming beverages on demand, the apparatus comprising:
at least one first compartment (Fig. 14, 10) configured to store the one of one or more ingredients (Fig. 14, 20) in a solid state or a liquid state;
a second compartment (Fig. 14, 114e) positioned inside the at least one first compartment (Fig. 14, 10), configured to store the one or more ingredients (Fig. 14, 120), and provided with one or more apertures or piercing enclosures or emptiable piston components or un-corkable or sealed parts (Fig. 14, 115, [0041]; if the product in the second reservoir flowable, the slots in the piston will allow the second product to fall down into the first reservoir and mix with the first product) to facilitate on demand mixing with the at least one of one or more solid or liquid ingredients of the at least one first compartment;
wherein the second compartment (Fig. 14, 114e) comprises a small cup (Fig. 14, 114) with one or more chambers (Fig. 14, 114 has one chamber), positioned inside a cup slot ((Fig. 14, 11) of the first compartment (Fig. 14, 10), and coupled to one or more plunger units (Fig. 14, 115), configured to move in a downward direction for emptying the at least one of one or more ingredients in the one or more chambers of the second compartment into the first compartment for preparation of cocktails and mocktails by mixing the at least one of one or more ingredients,
wherein the second compartment (Fig. 14, 114e) comprises a small cup (Fig. 14, 114) with one or more chambers (Fig. 14, 114 has one chamber), positioned inside a cup slot (Fig. 14, 11) of the first compartment (Fig. 14, 10), and available for manually un sealing and mixing one or more solid or liquid ingredients ([0039]),
and wherein the apparatus is configured to isolate (the separate compartments 10 and 114e isolate the ingredients) and blend the one or more ingredients either in solid or liquid state for preparing an on-demand beverage by applying slidable force, twist, push, press, pull and piston press force initiated by unlocking, tearing, cap removing, unsealing, and wall disintegration of the apparatus ([0039 – 0041]; as the user continues to screw the second closure down onto the first container, the cartridge and piston will separate, thus unsealing or opening the second reservoir… if the product in the second reservoir flowable, the slots in the piston will allow the second product to fall down into the first reservoir and mix with the first product)
Chen does not disclose;
one or more ball sockets comprising a slidable vent on lid slidably coupled to a slidable cap configured to control a flow of a beverage through a vent that opens after a seal is broken for outflow;
a tubular structure coupled to the one or more ball sockets, or to the slidable cap, configured to dispense the beverage, wherein the tubular structure or the slidable cap is aligned to empty compartment or slot that permits outflow either through a tamper-proof ball and socket alignment or a tamper-proof controlled peelable top opening and permanently open bottom;
one or more wheel members comprising one or more screws and at least one or more conical lock members, wherein the one or more wheel members are configured to receive one or more rotating inputs from a user to unlock one or more conical lock members to release at least one of the one or more solid or liquid ingredients into the at least one first compartment to facilitate on demand mixing of the at least one of one or more solid or liquid ingredients
However, Sobral (US 5797521) teaches;
a tubular structure (Fig. 5, 14c) coupled to the one or more ball sockets (see annotated Fig. 5 below), or to the slidable cap, configured to dispense the beverage, wherein the tubular structure or the slidable cap is aligned to empty compartment or slot that permits outflow either through a tamper-proof ball and socket alignment (Fig. 5, 14c) or a tamper-proof controlled peelable top opening and permanently open bottom;
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None of the references, alone or in combination, teaches the missing limitations, “one or more ball sockets comprising a slidable vent on lid slidably coupled to a slidable cap configured to control a flow of a beverage through a vent that opens after a seal is broken for outflow; one or more wheel members comprising one or more screws and at least one or more conical lock members, wherein the one or more wheel members are configured to receive one or more rotating inputs from a user to unlock one or more conical lock members to release at least one of the one or more solid or liquid ingredients into the at least one first compartment to facilitate on demand mixing of the at least one of one or more solid or liquid ingredients”. The closest references would be Chen (US 20220153490 A1) in combination with Sobral (US 5797521) which teaches a mixing apparatus with a first and second compartment, ball socket, and tubular member. The references do not provide any teachings of one or more ball sockets comprising a slidable vent on lid slidably coupled to a slidable cap configured to control a flow of a beverage through a vent that opens after a seal is broken for outflow and one or more wheel members comprising one or more screws and at least one or more conical lock members.
In regard to method claim 10, the combination of Chen (US 20220153490) and Sobral (US 5797521) does not explicitly disclose the method of using a mixing apparatus. However, the combination does teach or disclose the structural limitations of the claimed invention and is therefore capable of inherently performing the method set forth in these claims. Under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. See MPEP § 2112.02.
Regarding claim 10, Chen (US 20220153490 A1) discloses an apparatus capable of performing;
A method for mixing and dispensing an on-demand beverage comprising one or more liquids and one or more ingredients, the method comprising:
storing, by an apparatus, one or more ingredients in a solid state and in a liquid state in at least one first compartment (a first compartment 10 is capable of storing one or more ingredients);
storing, by the apparatus, one or more ingredients in a solid state and in a liquid state in one or more apertures (Fig. 14, 114) associated with a second compartment (Fig. 14, 114e), wherein the second compartment is coupled to at least one first compartment (second compartment 114e is capable of storing one or more ingredients and is coupled to first compartment 10);
and receiving, by the apparatus, one or more rotating inputs from a user via a wheel member (Fig. 14, 112) to release the one or more ingredients into the at least one first compartment (Fig. 14, 10) for creating an admixture with at least one of the one or more first alcoholic liquids, the one or more first non- alcoholic liquids, and the one or more first ingredients, before dispensing the admixture ([0039-0041]).
Chen does not explicitly disclose;
twist-motion controlling, by the apparatus, a flow of a beverage received from the at least one first compartment, using the one or more ball sockets slidably coupled to the second compartment;
dispensing, by the apparatus, the beverage using a tubular structure coupled to the one or more ball sockets, wherein the tubular structure comprises a removably attached safety lock and a protrusion member;
However, Sobral teaches;
twist-motion controlling (Fig. 6 depicts the twist-motion controlling), by the apparatus, a flow of a beverage received from the at least one first compartment (Fig. 6, B) and one or more ball sockets (see annotated Fig. 5 below).
The advantage of having a twist-motion controlling the flow of a beverage and one or more ball sockets is to make easier the dispensing of a beverage from the apparatus. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to have incorporated the teachings of Sobral with the invention of Chen to provide a mixing apparatus with a twist-motion controlling the flow of a beverage and one or more ball sockets.
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Chen as modified by Sobral discloses;
twist-motion controlling, by the apparatus(Fig. 6 of Sobral depicts the twist-motion controlling), a flow of a beverage received from the at least one first compartment (Fig. 14, 10 of Chen) , using the one or more ball sockets (see annotated Fig. 5 of Sobral above) slidably coupled to the second compartment (Fig. 14, 114e of Chen);
Sobral also teaches;
dispensing, by the apparatus, the beverage using a tubular structure (Fig. 5, 14c) coupled to the one or more ball sockets (see annotated Fig. 5 above)
The advantage of having the dispensing facilitated by a tubular structure coupled to the ball socket is to be able to control the flow of the beverage out of the apparatus. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to have incorporated the teachings of Sobra with the invention of Chen to provide a mixing apparatus with the dispensing facilitated by a tubular structure coupled to the ball socket.
None of the references, alone or in combination, teaches the missing limitations, “wherein the tubular structure comprises a removably attached safety lock and a protrusion member”. The closest references would be Chen (US 20220153490 A1) in combination with Sobral (US 5797521) which teaches a mixing apparatus with a first and second compartment, ball socket, and tubular member. The references do not provide any teachings of wherein the tubular structure comprises a removably attached safety lock and a protrusion member.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure. US Patent 20220153500 A1 is directed to the state of mixing containers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYANT K HUYNH whose telephone number is (571)272-8630. The examiner can normally be reached Monday - Friday 7:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at (571)-270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/B.K.H./Examiner, Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754
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