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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “146” has been used to designate both a “second spring” in Figure 2 and a “raised lip” in Figure 4. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 2, 7, 10-12, 14-15, 17-18, and 21-22 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.
Regarding claim 2, the term “optionally” is considered ambiguous terminology that does not define the metes and bounds of the claim.
Regarding claim 7, the limitation “the second movable component” has insufficient antecedent basis for this limitation in the claim.
Regarding claim 11, the phrase “the second movable component and the second movable component are movable in a second axial direction to open and close” is unclear why applicant is limiting the “second movable component” twice; and the limitation “the second valve” has insufficient antecedent basis for this limitation in the claim.
Regarding claim 12, the phrase “b) the pivot point of a) and a guide pin” is unclear what the applicant is referring to, since it is unclear what limitation the applicant is referring to with “a)”.
Regarding claim 15, the limitation “the first actuator plate” has insufficient antecedent basis for this limitation in the claim; and the limitation “the second actuator plate” has insufficient antecedent basis for this limitation in the claim.
Regarding claim 17, the limitation “the first guide pin slot” has insufficient antecedent basis for this limitation in the claim; and the limitation “the second guide pin slot” has insufficient antecedent basis for this limitation in the claim.
Regarding claim 21, the term “optionally” is considered ambiguous terminology that does not define the metes and bounds of the claim; and a broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 21 recites the broad recitation “attachment means”, and the claim also recites “wherein the attachment means comprises a threaded or keyed collar” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Regarding claim 22, the limitations “the first actuator plate”, “the second actuator plate”, “the first spring”, “the second spring”, and “the restoring spring” have insufficient antecedent basis for these limitations in the claim.
Claim Rejections - 35 USC § 102
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 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) 1-5, 7, 10-12, 16, 19-22, and 24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Clarke (U.S. Patent No. 3,252,633).
Regarding claim 1, Clarke discloses a tap assembly (Figs. 1-4) for a beverage container (Column 1 lines 9-17), wherein the tap assembly is configured to selectively allow the passage of fluid along a fluid flow path (inlet passage 43 to outlet passage 36) from a source of pressurised fluid (Column 1 lines 9-17), comprising: an inlet (43) for receiving fluid from the source of pressurised fluid and which defines a start point (at 43) of the fluid flow path (43 to 36); an outlet (36) for dispensing the fluid and which defines an end point (at 36) of the fluid flow path (43 to 36); a first valve (valve assembly of 40) for allowing passage of a fluid therethrough (Column 3 lines 47-68), the first valve (40) comprising an orifice (39) and a first movable component (40) movably located within the orifice (39); an actuator (actuator within section 5, Fig. 1); and a handle (31) attached to the actuator (Fig. 1) and configured to be movable from a stopped position to a dispense position (Column 3 lines 32-42), wherein the actuator is configured to be engaged (Column 4 lines 31-42) with the first movable component (40) such that movement of the handle (31) is configured to move the first movable component (40) from a rest position (rested on 39 as disclosed in Column 3 lines 47-68), at which the first movable component (40) is in sealing contact with the orifice (39), to a fully open position, at which the first valve (at 40) is fully open to fluid flow, such that movement of the handle (31) causes fluid to be dispensed from the tap assembly (Column 4 lines 31-42), wherein the first movable component (40) and orifice (39) have complementary shapes (Column 3 lines 47-49, Fig. 1) such that a flow area of the first valve increases, or progressively increases, from the rest position to the fully open position (Fig. 1), wherein the handle (31) is movable to an intermediate position (when 21 engages 40, Column 3 lines 49-60) between the stopped position and the dispense position (Column 3 lines 47-68), wherein as the handle (31) is moved from the stopped position to the intermediate position, the first valve (40) is in the rest position (remains closed as disclosed in Column 3 lines 49-60), and as the handle (31) is moved from the intermediate position to the dispense position the first valve (40) progressively opens (Column 4 lines 31-42).
Regarding claim 2, Clarke discloses the tap assembly (Figs. 1-4), wherein the first movable component (40) comprises a tapered shape (Fig. 1) and the orifice (39) comprises a complementary tapered shape (Fig. 1), optionally wherein the respective shapes taper from a larger cross-section (Fig. 1) closer to the outlet (36) to a narrower cross-section (Fig. 1) closer to the inlet (43).
Regarding claim 3, Clarke discloses the tap assembly (Figs. 1-4), wherein the tap assembly comprises a second valve (valve assembly of 21) for allowing passage of a fluid therethrough, wherein the first valve (40) and second valve (21) form part of the same (Fig. 1) fluid flow path (43 to 36).
Regarding claim 4, Clarke discloses the tap assembly (Figs. 1-4), wherein the second valve (21) comprises a second movable component (21) and an aperture (at valve seat 20), wherein the second movable component (21) seals against the aperture (at 20, Fig. 1) in a seated position (Column 3 lines 17-31).
Regarding claim 5, Clarke discloses the tap assembly (Figs. 1-4), wherein the second valve (21) is located downstream (Fig. 1) of the first valve (40).
Regarding claim 7, Clarke discloses the tap assembly (Figs. 1-4), including at least one of the following: the tap assembly comprises a second spring (25) for biasing the second movable component (21) into the seated position (Fig. 1) and/or wherein the second movable component (21) is configured to be biased by fluid pressure to the seated position (Fig. 1); and the tap assembly comprises a restoring spring (25) connected or coupled to the actuator (Fig. 1) for biasing the handle (31) to the stopped position (Fig. 1).
Regarding claim 10, Clarke discloses the tap assembly (Figs. 1-4), wherein the first movable component is attached to the actuator by a first actuator plate, and/or (interpreted as “or”) wherein the second movable component (21) is attached to the actuator (Fig. 1) by a second actuator plate (30).
Regarding claim 11, Clarke discloses the tap assembly (Figs. 1-4), wherein the first movable component and the first actuator plate are movable in a first axial direction to open and close the first valve, and/or (interpreted as “or”) the second movable component (21) and second movable component (21) are movable in a second axial direction (Fig. 1) to open and close the second valve (21, Column 3 lines 17-42).
Regarding claim 12, Clarke discloses the tap assembly (Figs. 1-4), wherein the actuator (Fig. 1) comprises one of: a) a pivot pin (32), the pivot pin (32) configured to partially, at least partially, or wholly retain the actuator (Fig. 1) within the tap assembly while allowing the actuator (Fig. 1) to pivot about (Column 3 lines 32-42) the axis (Fig. 1) of the pivot pin (32); or b) the pivot point (at 32) of a) and a guide pin (35), the guide pin (35) being offset (Fig. 1) from the pivot pin (32) such that the guide pin (35) translates about the axis (Fig. 1) of the pivot pin (32) as the actuator is pivoted.
Regarding claim 16, Clarke discloses the tap assembly (Figs. 1-4), wherein the tap assembly is configured such that as the handle (31) is moved from the stopped position, the second valve (21) opens before the first valve (40) opens (Column 3 lines 17-59).
Regarding claim 19, Clarke discloses the tap assembly (Figs. 1-4), including at least one of the following: wherein as the handle (31) is moved from the intermediate position (21 engages 40) to the dispense position, the rate of opening of the first valve (40) progressively increases (Column 4 lines 31-42); and wherein for a given distance of handle movement (Column 4 lines 31-42), the rate at which a flow area of the first valve (40) changes increases as the handle (31) is moved further from the rest position (Column 3 lines 54-65).
Regarding claim 20, Clarke discloses the tap assembly (Figs. 1-4), wherein the actuator (Fig. 1) is configured to pivot (Column 3 lines 32-42) with respect to the tap assembly, such that the handle (31) moves in an angular path (Column 3 lines 32-42), optionally (not further limiting) wherein the handle (31) moves an angular distance of around 90 degrees (considered “around” 90 degrees), or 90 degrees, between the stopped position and the dispense position.
Regarding claim 21, Clarke discloses the tap assembly (Figs. 1-4), wherein the tap assembly comprises an attachment means (45) for attachment to a fermentation vessel (keg, Column 3 lines 61-68), optionally (not further limiting) wherein the attachment means (45) comprises a threaded or keyed collar (Fig. 2).
Regarding claim 22, Clarke discloses the tap assembly (Figs. 1-4), wherein the tap assembly comprises a wet section (sections 1, 2, and a portion of 3, Fig. 1) comprising the fluid flow path (43 to 36), and a dry section (inside recess 24) fluidically isolated from the wet section by seals (29), wherein the dry section comprises at least one of, or all of, the actuator (Fig. 1), the first actuator plate, the second actuator plate (30), the first spring, the second spring (25), and the restoring spring (25).
Regarding claim 24, Clarke discloses a fermentation system (beer system, Column 1 lines 9-17) comprising a fermentation vessel (keg, Column 1 lines 9-17) and a tap assembly (Figs. 1-4).
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.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Clarke (U.S. Patent No. 3,252,633) in view of Amidzich (Pub. No. US 2003/0111629).
Regarding claim 6, Clarke discloses the essential features of the claimed invention but lacks disclosure wherein the aperture comprises a raised lip and/or wherein the second movable component comprises a rubber seal to seal against the aperture in the seated position.
Amidzich teaches a tapping assembly (Figs. 1-12) having a valve (110) with a movable component (120) that comprises a rubber seal (166) to seal against an aperture (124) having a raised lip (168, paragraph 44).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the second valve with a seal and seat as taught by Amidzich, for the advantage of improving the sealing function (paragraph 44).
Allowable Subject Matter
Claims 14-15 and 17-18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Anagno (U.S. Patent No. 2,297,857) disclose a tapping assembly actuated with an actuator having a pivot pin and an offset guide pin.
Del Nero (U.S. Patent No. 2,575,658) disclose a tapping assembly comprising a first and second valve to control the fluid flow path.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Reinaldo Sanchez-Medina, telephone number 571-270-5168, fax number 571-270-6168. The examiner can normally be reached on Monday-Friday (7:30AM-4:00PM EST).
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/REINALDO SANCHEZ-MEDINA/Primary Examiner, Art Unit 3753