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
Claims 1-5 are objected to because of the following informalities: The preamble of the claims uses the claim terminology of “improved beverage cooling apparatus.” The preamble implies that there is an improvement wherein the apparatus. However, the applicant needs to amend the preamble of the claims to conform to the rules when an improvement of an apparatus is recited. See MPEP 1.75 Claim(s). 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):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-5 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The originally filed disclosure is silent as to what materials are thermally conductive.
By virtue of dependency, claims 2-5 are also rejected.
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 1-5 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 “thermally conductive material,” however, the claims are silent as to what materials are thermally conductive or can be considered thermally conductive. The claim is therefore unclear and indefinite.
For purposes of examination, the term is broadly interpretated as any material limiting heat transfer. By virtue of dependency, claims 2-5 are also rejected.
Claim Rejections - 35 USC § 103
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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2 and 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Jones (US 2017/0234610 A1) in view of Giattino et al. (6,123,226), hereafter referred to as “Giattino.”
Regarding Claim 1: Jones teaches an improved beverage cooling apparatus (10) comprising: a refrigeration source (paragraph [0005]); a cold plate heat exchanger block thermally connected to said refrigeration source (paragraph [0005]), wherein said refrigeration source (paragraph [0005]) cools said cold plate heat exchanger block; a track (channels created by 116g, Figure 5G or 124a, 124 in Figure 5F) composed of thermally conductive material (paragraph [0030]), having an input (14) and an output (22), in contact with said cold plate heat exchanger block (36) which traverses a serpentine path (see Figures 5F and 5G) across said cold plate heat exchanger block (36), such that at all points along the length of said track (paragraph [0024]), said track has a downward slope (see Figure 3), wherein said cold plate heat exchanger block (36) cools said track (paragraph [0024]), and wherein all liquid deposited at said input (14) passes along said track from said input to said output (paragraph [0024]).
Jones fails to teach a top housing which can be attached to said track to form a seal to contain liquid within said track during use, or removed to facilitate cleaning of said track.
Giattino teaches a top housing (40, 41) which can be attached to a track (21) to form a seal (via 43) to contain liquid within said track during use (functional limitation), or removed to facilitate cleaning of said track (functional limitation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a top housing which can be attached to said track to form a seal to contain liquid within said track during use, or removed to facilitate cleaning of said track to the structure of Jones as taught by Giattino in order to advantageously provide the ability to readily attach/detach beverage bottles to the apparatus (see Giattino, Column 3, lines 23-46).
Regarding Claim 2: Jones further teaches further comprising a main housing (30) forming a bottom and walls for the improved beverage cooling apparatus (10).
Regarding Claim 4: Jones fails to teach further comprising a top cap which is placed over said input, whereby the insulation for the improved beverage cooling apparatus is improved.
Giattino teaches a top cap (43) which is placed over an input 22, whereby insulation for an improved beverage cooling apparatus (10) is improved (functional limitation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a top cap which is placed over said input, whereby the insulation for the improved beverage cooling apparatus is improved to the structure of Jones as taught by Giattino in order to advantageously provide the control of the fluid flow over the plate (see Giattino, Column 3, lines 28-46).
Regarding Claim 5: Jones fails to teach further comprising said top housing having an insulating layer.
Giattino teaches a top housing (40) having an insulating layer (61).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided said top housing having an insulating layer to the structure of Jones as taught by Giattino in order to advantageously provide the insulated glass to retain cooled air in the top housing (see Giattino, Column 5, lines 10-23).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Jones (US 2017/0234610 A1) in view of Giattino et al. (6,123,226), hereafter referred to as “Giattino,” as applied to claim 1 above, and further in view of Hart (US 2004/0195262 A1).
Regarding Claim 3: Jones modified supra fails to teach further comprising an exit valve connected to said output which can be set either to allow fluid from the track to exit the improved beverage cooling apparatus or contain said fluid within the improved beverage cooling apparatus.
Hart teaches an exit valve (150) connected to an output (142, 149) which can be set either to allow fluid from a track (145) to exit an improved beverage cooling apparatus or contain said fluid within the improved beverage cooling apparatus (paragraphs [0027], [0033]-[0034], functional limitation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided an exit valve connected to said output which can be set either to allow fluid from the track to exit the improved beverage cooling apparatus or contain said fluid within the improved beverage cooling apparatus to the structure of Jones modified supra as taught by Hart in order to advantageously control the flow fluid and the dispensing of the fluid (see Hart, paragraph [0033]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Luther (US 2010/0218517 A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIRSTIN U OSWALD whose telephone number is (571)270-3557. The examiner can normally be reached 10 a.m. - 6 p.m. M-F.
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/KIRSTIN U OSWALD/Examiner, Art Unit 3763
/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763