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 .
Amendment filed July 1, 2026 has been acknowledged. Newly presented claims 18-20 have been entered. Claims 1-20 remain pending in the application.
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 and 4-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wing et al. (20170088410) in view of Travers et al. (20220089986).
Regarding claims 1 and 9-10, Wing discloses a beverage mixing device, comprising: a housing (16); a valve (4); a dispensing head (30) spaced apart from the housing; a nozzle (par. 0077) coupled to the dispensing head; a fluid conduit extending from the valve to the nozzle (Fig. 7); a water supply tank (312) disposed within the housing, the water supply tank configured to be fluidly coupled to the nozzle (Fig. 7); a plurality of bulk pre-mixed compositions (352, 354, 356, 358) disposed within the housing; a carbonation vessel (324) disposed within the housing, the water supply tank configured to be fluidly coupled to the carbonation vessel (Fig. 7), the carbonation vessel disposed downstream from the water supply tank (Fig. 7); a user interface (Figs. 16, 17, and 26); and a controller (36) in electronic communication with the user interface, the controller configured to: determine a selected drink type based on a selection from the user interface (par. 0121), determine whether the selected drink type includes a carbonated water or a non-carbonated water (par. 0121); responsive to determining the selected drink type includes the non-carbonated water as a first mixer, reconfiguring the valve (i.e., switching the valve from closed to open) to fluidly couple the water supply tank to the nozzle (par. 0121), and command a first pump (318) to pump water from the water supply tank through the nozzle; responsive to determining the selected drink type includes the carbonated water as a second mixer, reconfiguring the valve (i.e., switching the valve from closed to open) to fluidly couple the carbonation vessel to the nozzle, wherein the carbonated water is propelled by pressure from the carbonation vessel in response to the carbonation vessel being fluidly coupled to the nozzle (par. 0107 and 0171); and dispense a pre-mixed composition from one of the plurality of bulk pre-mixed compositions via a third pump (362, 364, 366, 368) and based on the selected drink type being associated with the pre-mixed composition through the nozzle (par. 0121).
Wing DIFFERS in that it does not disclose each of the plurality of bulk pre-mixed compositions includes a flavoring concentrate and an alcohol mixed together in a same storage container. Attention, however, is directed to the Travers reference, which discloses a bulk pre-mixed composition (104) includes a flavoring concentrate and an alcohol mixed together in a same storage container. Travers teaches that providing alcohol-based syrups allows a beverage preparation device to produce a variety of alcoholic cocktails (par. 0005).
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 Wing reference in view of the teachings of the Travers reference by including in each bulk pre-mixed composition a flavoring concentrate and an alcohol mixed together in a same storage container for the purpose of producing a variety of alcoholic cocktails.
Regarding claim 4, the device further comprising a carbon dioxide vessel (320 of Wing) fluidly coupled to the carbonation vessel continuously, wherein the carbonation vessel is a continuous carbonation vessel (Fig. 7 of Wing).
Regarding claim 5, the device further comprising a second pump (362, 364, 366, 368 of Wing) fluidly coupled to each bulk pre-mixed composition in the plurality of bulk pre-mixed compositions.
Regarding claim 6, the controller is further configured to command pumping of the second pump associated with the pre-mixed composition in response to the selected drink type including the pre-mixed composition (par. 0087 of Wing; Fig. 4 of Wing).
Regarding claim 7, the device further comprising a non-carbonated water supply circuit (Fig. 7 of Wing) and a carbonated water supply circuit (Fig. 7 of Wing).
Regarding claim 8, the controller is configured to facilitate mixing of the non-carbonated water through the non-carbonated water supply circuit in response to the selected drink type being non-carbonated (Fig. 3 of Wing).
Regarding claim 11, the operations further comprise generating the carbonated water via an on-demand carbonation vessel (par. 0095 and 0147 of Wing).
Regarding claim 12, Wing discloses a control system for a beverage mixing device, the control system, comprising: a first pump (362, 364, 366, or 368) configured to be in fluid communication with a nozzle; a second pump (362, 364, 366, or 368) configured to be in fluid communication with the nozzle; a fluid pump (318); a first valve (334) in fluid communication with the fluid pump; a second valve (344) configured to be in fluid communication with the nozzle; a user interface (Figs. 16, 17, and 26); and a controller (36) in electronic communication with the first pump, the second pump, and the user interface (par. 0121), the controller configured to: receive a selected drink type from the user interface (par. 0121); determine whether the selected drink type includes a carbonated water or a non-carbonated water (par. 0121); responsive to determining the selected drink type includes the non-carbonated water as a first mixer, reconfigure the second valve to fluidly couple a water supply tank to the nozzle (par. 0121), and command the fluid pump to pump water from the water supply tank through the nozzle (par. 0121); responsive to determining the selected drink type includes the carbonated water as a second mixer, reconfigure the second valve to fluidly couple a carbonation vessel to the nozzle (par. 0121), wherein the carbonated water is propelled by pressure from the carbonation vessel in response to the carbonation vessel being fluidly coupled to the nozzle (Fig. 7); and command the first pump to pump a first pre-mixed composition from a first bulk pre-mixed composition (352, 354, 356, or 358) based on the selected drink type including the first pre-mixed composition (par. 0025 and 0053).
Wing DIFFERS in that it does not disclose the bulk pre-mixed composition includes a flavoring concentrate and an alcohol mixed together in a same storage container. Attention, however, is directed to the Travers reference, which discloses a bulk pre-mixed composition (104) includes a flavoring concentrate and an alcohol mixed together in a same storage container. Travers teaches that providing alcohol-based syrups allows a beverage preparation device to produce a variety of alcoholic cocktails (par. 0005).
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 Wing reference in view of the teachings of the Travers reference by including in the pre-mixed composition a flavoring concentrate and an alcohol mixed together in a same storage container for the purpose of producing a variety of alcoholic cocktails.
Regarding claim 13, the controller is further configured to command the second pump to pump a second pre-mixed composition from a second bulk pre-mixed composition based on the selected drink type including the second pre-mixed composition, the second pre-mixed composition including a second flavoring concentrate and a second alcohol (Fig. 7 of Wing).
Regarding claim 14, activating the second valve fluidly couples a continuous carbonation vessel to the nozzle (Fig. 7 of Wing).
Regarding claim 15, the first pump is in fluid communication with the first bulk pre-mixed composition and the second pump is configured to be in fluid communication with a second bulk pre-mixed composition (Fig. 7 of Wing).
Regarding claim 16, the first bulk pre-mixed composition and the second bulk pre-mixed composition are different (par. 0068 of Wing).
Regarding claim 17, the controller is configured to control mixing of the first pre-mixed composition and the carbonated water or the non-carbonated water (Figs. 3-4 of Wing).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wing et al. in view of Travers et al. as applied to claim 1 above, and further in view of Metropulos et al. (20110017776).
Regarding claim 2, Wing DIFFERS in that it does not disclose the beverage mixing device is mobile. Attention, however, is directed to the Metropulos reference, which discloses a beverage mixing device is mobile (par. 0057). Metropulos teaches that mobility makes a beverage dispenser ideal for use in casinos, banquets, weddings, conventions, meeting centers, etc.
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 Wing reference in view of the teachings of the Metropulos reference by configuring the beverage mixing device to be mobile so that it may be employed in casinos, banquets, weddings, conventions, and meeting centers.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wing et al. in view of Travers et al. as applied to claim 1 above, and further in view of Cafaro et al. (20200146500).
Regarding claim 3, the device further comprising a carbon dioxide vessel (320 of Wing) configured to be fluidly coupled to the carbonation vessel, wherein: the carbonation vessel is an on-demand carbonation vessel (par. 0095 and 0147 of Wing).
Wing DIFFERS in that it does not disclose in response to the controller determining the selected drink type includes the carbonated water, the controller fluidly couples the carbon dioxide vessel to the on-demand carbonation vessel. Attention, however, is directed to the Cafaro reference, which discloses in response to a controller (par. 0089) determining a selected drink type includes carbonated water, the controller fluidly couples a carbon dioxide vessel to an on-demand carbonation vessel (par. 0076).
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 Wing reference in view of the teachings of the Cafaro reference by in response to the controller determining the selected drink type includes the carbonated water, the controller fluidly couples the carbon dioxide vessel to the on-demand carbonation vessel for the purpose of producing a carbonated precursor supply having a target carbonation level (par. 0076 of Cafaro).
Response to Arguments
Applicant’s arguments with respect to claims 1, 9, and 12 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Allowable Subject Matter
Claims 18-20 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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/DONNELL A LONG/Primary Examiner, Art Unit 3754
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