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 35 is objected to because of the following informalities: Claim 35 is missing a period. Appropriate correction is required.
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) 26-32, 35, 37, 39-45, and 49-50 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giardino et al. (20170055552) in view of Arafeh et al. (20220185647).
Regarding claims 26 and 39, Giardino discloses a beverage infusion apparatus comprising:
(a) a mixer (207) for mixing a beverage concentrate and water to form a non-gas infused beverage;
(b) an infusion module (20) for infusing a nitrogen containing gas into a non-gas infused beverage to form a gas infused beverage, wherein:
(i) the infusion module comprises a device for drawing the nitrogen containing gas into the non-gas infused beverage as a result of flow of the beverage through the device to form the gas infused beverage (par. 0054);
(ii) the device comprises a non-gas infused beverage inlet (24), a gas infused beverage outlet (26), and a nitrogen containing gas inlet (30);
(c) a dispensing valve (9) for dispensing the gas infused beverage and constructed to move between an open position and a closed position, wherein:
(i) the open position permits dispensing of the gas infused beverage from the beverage infusion apparatus;
(ii) the closed position prevents dispensing of the gas infused beverage from the beverage infusion apparatus;
(iii) the dispensing valve is constructed to move between the open position and the closed position by a user of the beverage infusion apparatus (par. 0038); and
(iv) the dispensing valve is downstream of the device (Fig. 12); and
(d) a pump (par. 0051) constructed to move the non-gas infused beverage at a pressure of about 12 psi to about 40 psi through the infusion module and to the dispensing valve (par. 0059), when the dispensing valve is provided in the open position, the pump further comprising:
(i) a pressure sensor (210) for sensing a decrease in pressure resulting from the dispensing valve being moved to the open position, and an increase in pressure resulting from the dispensing valve being moved to the closed position, wherein the pressure sensor is located downstream from the pump (par. 0051 discloses that the sensor is downstream of the infusion module and implies that the pump is upstream of the infusion module because the pump conveys the liquid to the infusion module; therefore, the sensor is located downstream from the pump); and
(ii) a controller (116) for controlling operation of the pump based on the pressure sensor sensing the decrease in pressure and the increase in pressure (par. 0048).
Giardino DIFFERS in that it does not disclose a gas draw venturi device; a constriction between the non-gas infused beverage inlet and the gas infused beverage outlet; the nitrogen containing gas inlet being configured for drawing the nitrogen containing gas at atmospheric pressure into the non-gas infused beverage. Giardino teaches that the design of the infuser is exemplary and may vary (par. 0039). Arafeh discloses a variation of an infusion module comprising a gas draw venturi device (par. 0084-0086) for drawing nitrogen containing gas into the beverage as a result of flow of the beverage through the gas draw venturi device to form a gas infused beverage (Fig. 2); a constriction between a non-gas infused beverage inlet and a gas infused beverage outlet (Fig. 2); and a nitrogen containing gas inlet being configured for drawing the nitrogen containing gas at atmospheric pressure into the non-gas infused beverage (par. 0085, 0097, and 0105).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the Giardino reference in view of the teachings of the Arafeh reference by employing a gas draw venturi device because it is a well-known variation of an infusion module and would have been expected to perform equally well as taught by Arafeh.
Regarding claims 27 and 40, the apparatus further comprising: a first check valve (56 of Giardino) up stream of the nitrogen containing gas inlet for preventing back flow of the non-gas infused beverage or the gas infused beverage into the nitrogen containing gas inlet.
Regarding claims 28 and 41, the apparatus further comprising: a second check valve (223 of Giardino) up stream of the mixer for preventing back flow into the beverage concentrate.
Regarding claims 29 and 42, the apparatus further comprising: a third check valve (46 of Giardino) up stream of the mixer for preventing back flow into the water.
Regarding claims 30 and 43, the nitrogen containing gas comprises atmospheric air comprising ambient amounts of nitrogen and oxygen found in atmospheric air (par. 0085 of Arafeh).
Regarding claims 31 and 44, the amounts of nitrogen and oxygen found in the nitrogen containing gas comprises at least about 20% oxygen and at least about 78% nitrogen (par. 0085 of Arafeh).
Regarding claims 32 and 45, the apparatus further comprising: a filter (37 of Arafeh) for filtering the nitrogen containing gas to remove impurities.
Regarding claim 35, the pump is constructed to move the non-gas infused beverage at a flow rate of about 0.5 ounce/second to about 3 ounce/second (par. 0052 of Giardino).
Regarding claims 37 and 49, the apparatus further comprising: a water pressure regulator (46 of Giardino) for regulating water pressure and water flow rate of the water to the mixer.
Regarding claim 50, Giardino as modified by Arafeh discloses a method of forming a gas infused beverage at a location of purchase of the gas infused beverage, the method comprising:
(a) mixing a beverage concentrate and water in a mixer (207 of Giardino) to provide a non-gas infused beverage (Fig. 12 of Giardino);
(b) infusing a nitrogen containing gas into the non-gas infused beverage to form a gas infused beverage (Fig. 12 of Giardino), wherein the non-gas infused beverage flows through a gas draw venturi (par. 0084-0086 of Arafeh), wherein the gas draw venturi comprises a non-gas infused beverage inlet (15a of Arafeh), a gas infused beverage outlet (15b of Arafeh), a constriction provided between the non-gas infused beverage inlet and the gas infused beverage outlet (Fig. 2 of Arafeh), and a nitrogen containing gas inlet (15c of Arafeh), wherein the step of infusing the nitrogen containing gas into the beverage comprises drawing the nitrogen containing gas through the nitrogen containing gas inlet and into the non-gas infused beverage to form the gas infused beverage (Fig. 2 of Arafeh; Fig. 12 of Giardino), wherein:
(i) the beverage flows at a pressure of about 12 psi to about 40 psi to the gas draw venturi (par. 0059 of Giardino); and
(ii) the nitrogen containing gas is provided at atmospheric pressure to the nitrogen containing gas inlet (par. 0085, 0097, and 0105 of Arafeh); and
(iii) the nitrogen containing gas comprises ambient amounts of nitrogen and oxygen found in atmospheric air (par. 0085 of Arafeh);
(c) dispensing the gas infused beverage by moving a dispensing valve (9 of Giardino; 17 of Arafeh) from a closed position to an open position, wherein:
(i) the open position permits dispensing of the gas infused beverage; and
(ii) the closed position prevents dispensing of the gas infused beverage;
(ii) the dispensing valve is downstream of the gas draw venturi (Fig. 2 of Arafeh).
Claim(s) 33-34 and 46-47 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giardino et al. in view of Arafeh et al. as applied to claim 26 above, and further in view of Pearson et al. (20140150665).
Regarding claims 33 and 46, Giardino DIFFERS in that it does not disclose the apparatus further comprising: a source of infusion media for addition to the nitrogen containing gas. Attention, however, is directed to the Pearson reference, which discloses a source of infusion media for addition to the nitrogen containing gas (par. 0072 and 0075).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify the Giardino reference in view of the teachings of the Pearson reference by employing a source of infusion media for the purpose of adding aroma to a beverage (par. 0004 of Pearson).
Regarding claims 34 and 47, the source of infusion media comprises odiferous materials. (par. 0073 of Pearson).
Claim(s) 36 and 48 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giardino et al. in view of Arafeh et al. as applied to claim 26 above, and further in view of Kirschner et al. (5305923).
Regarding claims 36 and 48, Giardino DIFFERS in that it does not disclose the mixer comprises a static mixer. Attention, however, is directed to the Kirschner reference, which discloses a static mixer (106 or 526).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify the Giardino reference in view of the teachings of the Kirschner reference by employing a static mixer for the purpose of reducing the number of moving parts.
Claim(s) 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giardino et al. in view of Arafeh et al. as applied to claim 32 above, and further in view of Bauerlein (2716996).
Regarding claim 38, Giardino discloses a beverage infusion apparatus according to claim 32.
Giardino DIFFERS in that it does not disclose the mixer further comprises a liquid draw venturi device that draws the beverage concentrate into the source of water as the source of water flows through the liquid draw venturi device. Attention, however, is directed to the Bauerlein reference, which discloses a liquid draw venturi device that draws beverage concentrate into a source of water as the source of water flows through the liquid draw venturi device (col. 5, lines 35-41).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify the Giardino reference in view of the teachings of the Bauerlein reference by employing a liquid draw venturi for the purpose of accurately mixing the water and concentrate (col. 5, lines 35-41 of Bauerlein).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DONNELL ALAN LONG whose telephone number is (571)270-5610. The examiner can normally be reached Mon - Fri 8AM-5PM.
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 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.
/DONNELL A LONG/Primary Examiner, Art Unit 3754