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 .
Specification
The disclosure is objected to because of the following informalities: please update the priority statement at the beginning of the Specification.
Appropriate correction is required.
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
When there are drawings, there shall be a “brief description of the several views of the drawings” (See 37 C.F.R. 1.74.).
The section heading “brief description of the several views of the drawings” as set forth in 37 C.F.R. 1.74 is missing. Please correct.
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.
Claims 1-13 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.
Claim 1 recites the limitation "the pressure" in lines 8-9. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "a pressure".
Clarification and/or correction 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) 1-8 and 11-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burrows (WO 2016/127126) in view of Burrows (US 2017/0055760).
Regarding claim 1, Burrows (‘126) teaches a beverage dispensing apparatus comprising: a water tank; a water supply line connected to the water tank and having a water pump for pumping water from the water tank to a water outlet at a distal end of the water supply line, wherein the water outlet is connectable to a beverage ingredient container (See Abs., paras. 6-7, 17-19, 27-42 and FIGs 1, 3A, 3B, apparatus/brewer #10 with water tank #12, with water supply line #14 feeding pump #16 and discharging to line #18 to heater #20 to containers #30/#40 and #46.),
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however, fails to expressly disclose a pressure sensor connected to the water supply line at a position upstream of the water outlet; and a controller configured to receive an output from the pressure sensor indicative of the pressure at the position upstream of the water outlet and to determine an estimated pressure at the water outlet based on the received output and a flow rate of water through the water supply line.
Applicant does not set forth any non-obvious unexpected results for having any particular sensor and controller and configuration thereof.
Burrows (‘760) teaches an apparatus similar to Burrows (‘126) having sensors and controllers for operating its apparatus from providing beverages of fixed quantity (See Abs., paras. 55-60 and FIG-1.).
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It would have been foreseeable and obvious prior to the earliest effective filing date that Burrows’ (‘126) apparatus in view of Burrows (‘760) does not operate without sensors and controller otherwise the apparatus would explode and/or cause serious damage to the apparatus as dispensing of the beverages is not a continuous open tank but rather container/receptacles of fixed size. Sensors and controllers are required for the starting and stopping of the apparatus to provide beverages of fixed uniform amounts as required by a consumer. The selection of the sessor, controller and other equipment and operation thereof would have been within the skill set of a person having ordinary skill in the art.
Regarding claims 2-8 and 11-13, Burrows (‘126) teaches a beverage dispensing apparatus discussed above, however, fails to expressly disclose the various configurations of the controller and associated equipment.
Applicant does not set forth any non-obvious unexpected results for having any particular sensor and controller and configuration thereof.
It would have been foreseeable and obvious prior to the earliest effective filing date that Burrows’ (‘126) apparatus in view of Burrows (‘760) does not operate without sensors and controller otherwise the apparatus would explode and/or cause serious damage to the apparatus as dispensing of the beverages is not a continuous open tank but rather container/receptacles of fixed size. Sensors and controllers are required for the starting and stopping of the apparatus to provide beverages of fixed uniform amounts as required by a consumer. The selection of the sessor, controller and other equipment and operation thereof would have been within the skill set of a person having ordinary skill in the art.
Regarding claim 14, Burrows (‘126) teaches a beverage dispensing apparatus comprising: a fluid pump for pumping fluid into a beverage preparation fluid circuit comprising an outlet (See Abs., paras. 6-7, 17-19, 27-42 and FIGs 1, 3A, 3B, apparatus/brewer #10 with water tank #12, with water supply line #14 feeding pump #16 and discharging to line #18 to heater #20 to containers #30/#40 and #46.), however, fails to expressly disclose a pressure sensor connected to the water supply line at a position upstream of the water outlet; and a controller configured to receive an output from the pressure sensor indicative of the pressure at the position upstream of the water outlet and to determine an estimated pressure at the water outlet based on the received output and a flow rate of water through the water supply line.
Applicant does not set forth any non-obvious unexpected results for having any particular sensor and controller and configuration thereof.
Burrows (‘760) teaches an apparatus similar to Burrows (‘126) having sensors and controllers for operating its apparatus from providing beverages of fixed quantity (See Abs., paras. 55-60 and FIG-1.).
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It would have been foreseeable and obvious prior to the earliest effective filing date that Burrows’ (‘126) apparatus in view of Burrows (‘760) does not operate without sensors and controller otherwise the apparatus would explode and/or cause serious damage to the apparatus as dispensing of the beverages is not a continuous open tank but rather container/receptacles of fixed size. Sensors and controllers are required for the starting and stopping of the apparatus to provide beverages of fixed uniform amounts as required by a consumer. The selection of the sessor, controller and other equipment and operation thereof would have been within the skill set of a person having ordinary skill in the art.
Regarding claim 15, Burrows (‘126) teaches a beverage dispensing apparatus comprising: a water tank; a water supply line connected to the water tank and having a water pump for pumping water from the water tank to a water outlet at a distal end of the water supply line, wherein the water outlet is connectable to a beverage ingredient container; a heater disposed between the water tank and the water outlet for heating the water (See Abs., paras. 6-7, 17-19, 27-42 and FIGs 1, 3A, 3B, apparatus/brewer #10 with water tank #12, with water supply line #14 feeding pump #16 and discharging to line #18 to heater #20 to containers #30/#40 and #46.), however, fails to expressly disclose a sealed pressure sensor configured to measure ambient atmospheric pressure relative to a reference pressure; and a controller configured to receive an output from the sealed pressure sensor indicative of the ambient atmospheric pressure and to adjust a temperature setting of the heater based on the ambient atmospheric pressure.
Applicant does not set forth any non-obvious unexpected results for having any particular sensor and controller and configuration thereof.
Burrows (‘760) teaches an apparatus similar to Burrows (‘126) having sensors and controllers for operating its apparatus from providing beverages of fixed quantity (See Abs., paras. 55-60 and FIG-1.).
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It would have been foreseeable and obvious prior to the earliest effective filing date that Burrows’ (‘126) apparatus in view of Burrows (‘760) does not operate without sensors and controller otherwise the apparatus would explode and/or cause serious damage to the apparatus as dispensing of the beverages is not a continuous open tank but rather container/receptacles of fixed size. Sensors and controllers are required for the starting and stopping of the apparatus to provide beverages of fixed uniform amounts as required by a consumer. The selection of the sessor, controller and other equipment and operation thereof would have been within the skill set of a person having ordinary skill in the art.
Regarding claims 16-20, Burrows (‘126) teaches a beverage dispensing apparatus discussed above, however, fails to expressly disclose the various configurations of the controller and associated equipment.
Applicant does not set forth any non-obvious unexpected results for having any particular sensor and controller and configuration thereof.
Burrows (‘760) teaches an apparatus similar to Burrows (‘126) having sensors and controllers for operating its apparatus from providing beverages of fixed quantity (See Abs., paras. 55-60 and FIG-1.).
It would have been foreseeable and obvious prior to the earliest effective filing date that Burrows’ (‘126) apparatus in view of Burrows (‘760) does not operate without sensors and controller otherwise the apparatus would explode and/or cause serious damage to the apparatus as dispensing of the beverages is not a continuous open tank but rather container/receptacles of fixed size. Sensors and controllers are required for the starting and stopping of the apparatus to provide beverages of fixed uniform amounts as required by a consumer. The selection of the sessor, controller and other equipment and operation thereof would have been within the skill set of a person having ordinary skill in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENT T O'HERN whose telephone number is (571)272-6385. The examiner can normally be reached M-Th 5:00 am - 3:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Emily Le can be reached at 571-272-0903. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRENT T O'HERN/ Primary Examiner, Art Unit 1793 June 17, 2026
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