DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Preliminary Amendment
2. The preliminary amendment filed on 12/11/2024 has been entered.
Claim Objections
3. Claim 18 is objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claims 16 and 12. See MPEP § 608.01(n). Appropriate correction is required.
Claim Rejections - 35 USC § 112
4. 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.
5. Claims 7-8, 10-12, 14-27 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.
I- In claim 7, the possessive pronoun “its” (line 2) leads to issue with antecedent basis and clarity.
II- In claim 8, line 4, “a closure and a beverage container” are positively recited for a second time. This renders the claims confusing as they raise issues of double inclusion.
III- In claim 10, lines 2-3, “a closure and a beverage container” are positively recited for a second time. This renders the claims confusing as they raise issues of double inclusion.
IV- Claim 11 is indefinite because “the outer wall” lacks proper antecedent basis.
V- In claim 12, line 3, “a corresponding support surface and a beverage dispensing device” are positively recited for a second time. This renders the claims confusing as they raise issues of double inclusion.
VI- In claim 14, line 5, “a beverage dispensing line” is positively recited for a second time. This renders the claim confusing as it raises issues of double inclusion.
VII- The term "substantially" in claim 14 is a relative term which renders the claim indefinite. The term "substantially" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Therefore, the scope of "substantially corresponding to the second diameter" is not clear.
VIII- Regarding claim 15, the phrase "preferably and such as" render the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
IX- In claim 16, “a beverage dispensing line (line 1), “a beverage container” (line 1), “a connector line end” (line 5), “a connector” (line 5), and “a beverage container” (line 6)” are positively recited for a second time. This renders the claim confusing as they raise issues of double inclusion.
X- Claim 18 is indefinite because “the correspondingly shaped first adapter recess” lacks proper antecedent basis.
XI- In claim 19, “a beverage dispensing line (line 1), “a beverage container” (line 2), “a connector” (line 3), and “a beverage container” (lines 4 and 6)” are positively recited for a second time. This renders the claim confusing as they raise issues of double inclusion.
XII- Claim 19 is indefinite because “the beverage outlet” (line 7-8), “the outer periphery” (line 11), and “the diameter” (line 12) lack proper antecedent basis.
XIII- In claim 24, “a connector” (line 3), “a beverage container” (line 4), and “a closure” (line 4) are positively recited for a second time. This renders the claim confusing as they raise issues of double inclusion.
XIV- In claim 24, the possessive pronoun “its” (line 12) leads to issue with antecedent basis and clarity.
XV- In claim 25, “a beverage container” (line 3), “a closure” (line 4), and “a beverage dispensing line” (line 6) are positively recited for a second time. This renders the claim confusing as they raise issues of double inclusion.
Allowable Subject Matter
6. Claims 1-6, 9, 13 are allowed.
7. Claims 7-8, 10-12, 14-27 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
8. The prior art made of record and not relied upon is considered pertinent to applicants' disclosure.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDERICK C NICOLAS whose telephone number is (571)272-4931. The examiner can normally be reached Monday-Thursday 8:00 AM -: 4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul R. Durand can be reached at 571-272-4459. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FREDERICK C NICOLAS/Primary Examiner, Art Unit 3754
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