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 .
Response to Amendment
The amendment to the claims, filed with the preliminary amendment on September 8, 2024, fails to account for all of the claims as originally filed within the application. The originally filed application contained 30 claims, however, the preliminary amendment, filed on September 8, 2024, does not mention claim 30. It is assumed that applicant meant to cancel claim 30 along with the cancellation of claims 18-29. The claim amendment filed in response to this Office action should address claim 30, as either cancelled, or otherwise presented for examination.
Specification
The abstract of the disclosure is objected to because on line 9 of the abstract, the term “reach” should be replaced by --reached-- for clarity. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The disclosure is objected to because of the following informalities: 1) the paragraph presented by the preliminary amendment filed on September 8, 2024, having the heading, CROSS REFERENCE TO RELATED APPLICATIONS, has been presented without instructions as to where it should be entered into the specification, as filed. While it is assumed that applicant intended to replace original paragraph [0001] in the original specification with the new paragraph, the new paragraph (filed with the preliminary amendment on 9-8-24) does not include a paragraph number, nor does the apparent replacement paragraph include any markings indicative of the changes to the original paragraph. 2) in paragraph [0007], at the end of line 7, applicant should add the term --water-- after “carbonated”; 3) on the last line of paragraph [0008], “volume gas” should be replaced by --volume of gas--; and 4) on line 4 of paragraph [0012], “by controller” should be replaced by, --by the controller--, for clarity.
Appropriate correction is required.
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 1-17 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.
In claim 1, line 9, “the insert gas” lacks antecedent basis. It is suggested that applicant replace “the insert gas” with --the carbon dioxide--, which would obviate this rejection. Also, in claim 1, line 20 (last line), “the initial gas delivery pressure” lacks antecedent basis. It is suggested that applicant amend line 11 of the claim by replacing “the gas delivery pressure” with the phrase, --an initial gas delivery pressure--, which would render this rejection moot.
Claim 16 is vague and indefinite, as currently stated. It is suggested that the term --water-- be inserted on the last line of the claims after “carbonated” to clarify the claim.
Allowable Subject Matter
Claims 1-17 would be allowable if rewritten or amended to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The prior art of record fails to disclose or suggest the method for preparing a carbonated beverage, as set forth by independent claim 1, wherein the method includes the step of stopping the dispensing of carbonated water when the real-time gas pressure in the carbonation chamber drops to a value corresponding to a preprogrammed gas setpoint ratio calculated by the controller of the real-time gas pressure to the initial gas delivery pressure.
Dependent claims 2-17 would be allowable based upon their dependency on an allowable independent claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES S BUSHEY whose telephone number is (571)272-1153. The examiner can normally be reached M-Th 6:30-5:00.
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/C.S.B/9-19-26
/CHARLES S BUSHEY/ Primary Examiner, Art Unit 1776
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