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 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.
Claim 20 is 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 20 recites the limitation " the proximal end of the piston shaft is dimensioned to abut and seal with the facet to prevent flow of the first liquid and the second liquid through the respective internal bores." There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-7, and 11-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Santy et al. (20110107918).
Regarding claim 1, Santy discloses a dispensing valve, for post-mix dispensing of a first liquid and a second liquid, comprising: a head (114, 116, 118) formed as an elongate cylindrical body (114; Fig. 9A) having proximal end and a distal end, a first bore (130, 134) for communicating the first liquid through the head, a second bore (132, 138) for communicating the second liquid through the head, and a coupling (135) disposed at the proximal end of the head; a nozzle (118) disposed at the distal end of the head having a first liquid path (158A) in communication with the first bore and a second liquid path (158B) in communication with the second bore, the nozzle configured to dispense the first liquid and the second liquid at a desired mixture rate of each of the first liquid and the second liquid; and a connection and mounting assembly (112) having a forward end and an aft end, a mount collar (128A) disposed at the forward end configured to rotationally couple with the proximal end of the head, a mounting shank (128) disposed at the aft end configured to couple the connection and mounting assembly with a vertical support structure, and a source conduit (120, 122) adapted to communicate each of the first liquid and the second liquid with the first bore and the second bore, respectively.
Regarding claim 2, the dispensing valve further comprising: a plurality of threads disposed along a length of the mounting shank (Fig. 9A), and a fastener dimensioned to cooperatively engage with the plurality of threads to secure the connection and mounting assembly with the vertical support structure (Fig. 14).
Regarding claim 3, the dispensing valve further comprising: an annular rim (2128C) extending around the forward end of the mounting shank; the mount collar having a proximal end, a distal end, an annular shoulder projecting inwardly from the proximal end for engagement with the annular rim (Fig. 12B and 12C); and a source conduit (120, 122) for each of the first liquid and the second liquid extending through the mounting shank.
Regarding claim 4, the valve further comprising: a connector (120A, 122A) adapted to couple with each source conduit, the connector dimensioned to be received within the first bore and the second bore (Fig. 9D).
Regarding claim 5, the valve further comprising: an O-ring carried on the connector providing a liquid tight seal between the connector and each of the first bore and the second bore (Fig. 9D).
Regarding claim 6, the valve further comprising: a plurality of threads disposed within the mount collar (Fig. 9D); and a plurality of threads on the proximal end of the head for coupling the head with the mounting shank (Fig. 9D).
Regarding claim 7, the valve further comprising: a tap actuator unit (116) coupled with a tap actuator unit aperture (133) defined at the distal end of the head, the tap actuator unit carrying a tap handle (142) operable to engage a distal end of a piston shaft (150, 152) carried within each of the first bore and the second bore to selectively operate the dispensing valve between a flow condition and a no-flow condition (Fig. 9D).
Regarding claim 11, Santy discloses a dispensing valve, for post-mix dispensing of a first liquid and a second liquid, comprising: a drafting head (114, 116, 118) formed as an elongate cylindrical body (114; Fig. 9A) having proximal end and a distal end, a first bore (130, 134) and a second bore (132, 138) defined in the drafting head between the proximal end and the distal end; and a mounting shank (128) having a forward end, a back end, a plurality of threads disposed along a length of the mounting shank (Fig. 9A), and an annular rim (2128C) extending around the forward end; a mount collar (128A) having a proximal end, a distal end, and an annular shoulder projecting inwardly from the proximal end for engagement with the annular rim (Fig. 12B and 12C); a source conduit (120, 122) extending through the mounting shank; and a connector (120A, 122A) coupled with the source conduit, the connector dimensioned to be received in within a proximal end of each bore (Fig. 9D).
Regarding claim 12, the valve further comprising: a plurality of threads disposed within the mount collar (Fig. 9D); and a plurality of threads on the proximal end of the drafting head for coupling the drafting head with the mounting shank (Fig. 9D).
Regarding claim 13, the valve further comprising: an O-ring carried on the connector providing a liquid tight seal between the connector and each bore (Fig. 9D).
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) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Santy et al. in view of Sevcik et al. (20190112176).
Regarding claim 19, Santy discloses a dispensing valve, for post-mix dispensing of a first liquid and a second liquid, comprising: a drafting head (114, 116, 118) formed as an elongate cylindrical body (114; Fig. 9A) having proximal end and a distal end, a mounting shank (128) at the proximal end, a nozzle and diffuser assembly (118), and a tap actuator unit (116) coupled with the distal end; a first bore (130, 134) and a second bore (132, 138) defined in the drafting head between the proximal end and the distal end, each of the first bore and the second bore having a raised shouldered facet (the portion that contacts 120A) oriented to an inlet of the respective bore (Fig. 9D); and a piston shaft (150, 152) carried within each of the first bore and the second bore, the piston shaft is operable by the tap actuator unit to selectively block and permit a flow of each of the beverage syrup and the water through the respective first bore and second bore.
Santy DIFFERS in that it does not disclose the piston shaft having a proximal end, oriented towards the mounting shank, and a distal end, oriented towards the nozzle and diffuser assembly. Attention, however, is directed to the Sevcik reference, which discloses a piston shaft (62) having a proximal end, oriented towards a mount (6), and a distal end, oriented towards a nozzle and diffuser assembly (100).
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 Santy reference in view of the teachings of the Sevcik reference by rearranging the shaft as claimed because it is a well-known alternative valve configuration for dispensing a post-mix beverage and would have been expected to achieve the same result as taught by Sevcik (par. 0002 of Sevcik).
Regarding claim 20, the dispensing valve comprising: a seal (65 of Sevcik) carried on the proximal end of the piston shaft is dimensioned to abut and seal with the facet to prevent flow of the first liquid and the second liquid through the respective internal bores.
Allowable Subject Matter
Claims 8-10 and 14-18 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.
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/DONNELL A LONG/Primary Examiner, Art Unit 3754