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 .
Abstract
The abstract of the disclosure is objected to because:
The abstract should be submitted on a separate sheet with no other verbiage thereon.
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).
Drawings
The drawings are objected to because:
Reference character 138 is used to denote both the “mixing chamber” (see Figures 4, 7, 8, 10A and 10B) and the “third valve” (see Figure 5). Note the objection to the specification regarding reference character 138 discussed below. Appropriate correction is required.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Specification
The disclosure is objected to because of the following informalities:
Reference character 138 is used to denote both the “mixing chamber” (see, for example, paragraph 0052, lines 6, 7, 8, 11 and 13, paragraph 0053, line 2 and paragraph 0054, lines 3-4) and the “third valve” (see, for example, paragraph 0057, lines 6 and 7). Note the objection to the drawings regarding reference character 138 discussed above;
In paragraph 0038, on line 3, “filter 102” should be “filter 104”;
In paragraph 0049, on line 10, it appears “first pressure regulator 116” should be “second pressure regulator 118” (see paragraph 0039, the last two lines); and
In paragraph 0052, on line 10, it appears, “FIGS. 10A and 10B” should be “FIGS. 9A and 9B” (see paragraph 0075, lines 1-3).
Appropriate correction is required.
Claim Objections
Claims 1 and 13 are objected to because of the following informalities:
In regard to claim 1, it is unclear as to which disclosed valve is being referring on line 5, i.e., the specification discloses a mixing valve 124, a second valve 136 and a third valve 138. Claim 3 appears to be defining the second valve 136. As such, it appears the valve being referenced in claim 1 is intended to define the mixing valve 124 with the mixing chamber and mixing area later defined in claim 1 (see the last paragraph of claim 1). The record should be clarified as to which discloses valve is being referenced in claim 1.
In regard to claim 13, similarly, it is unclear as to which disclosed valve is being referenced on line 4.
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 13 and 20 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by EP 0 033 157 (as cited by the Applicant, hereinafter ‘157).
In regard to claim 13, the ‘157 reference discloses a method for mixing and dispensing a carbonated beverage using a beverage dispensing device, the method comprising:
receiving a user input to an actuator 39 of the beverage dispensing device wherein the actuator is mechanically coupled to a valve 38 of the beverage dispensing device and wherein the user input causes the actuator to actuate the valve from a closed position to an open position;
when the valve is in the open position: transferring water from a fluid tank 17 of the beverage dispensing device to a carbonation tank 12 of the beverage dispensing device using a pump 11 powered by compressed CO2; carbonating the water in the carbonation tank using the compressed CO2; transferring the carbonated water from the carbonation tank to a mixing chamber 36 of the beverage dispensing device, the mixing chamber comprising a mixing area and an outlet; dispensing, into the mixing area of the mixing chamber one or more additives from one or more additive cartridges 62 wherein the carbonated water and the one or more additives are mixed within the mixing area; and dispensing from the outlet of the mixing chamber the carbonated beverage comprising the mixture of the carbonated water and the one or more additives.
In regard to claim 20, the beverage dispensing device is unrefrigerated.
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.
Claims 1-3, 5-12, 14, 15 and 17-19 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over ‘157 in view of EP 0 947 518 (as cited by the Applicant, hereinafter ‘518).
In regard to claim 1, the ‘157 reference discloses a mechanical drink dispensing system comprising:
a first tank 17 for holding a first fluid;
a second tank 12 fluidly coupled to the first tank;
a carbonator fitting 50 adapted to connect to a carbon dioxide tank 48;
a valve 38 positioned on an outlet of the second tank and configurable between an open and closed position;
an actuator 39 mechanically coupled to the valve and configured to actuate the valve between the open and closed positions upon physical manipulation of the actuator by a user;
a pump 11 for transferring a first fluid from the first tank to the second tank when the valve is in the open position;
a first compressed CO2 pathway 49 from the carbonator fitting to the pump, wherein the pump is configured to operate by compressed CO2 gas;
a second compressed CO2 pathway 51 from the carbonator fitting to the second tank, wherein the first fluid is carbonated by the compressed CO2 gas in the second tank;
one or more additive packages 62 containing one or more additives; and
a mixing chamber 36 comprising a mixing area and an outlet wherein the mixing area is adapted to receive the carbonated first fluid from the second tank and the one or more additives when the valve is in the open position, and wherein the outlet is configured to dispense a beverage comprising a mixture of the first fluid and the one or more additives.
Although the ‘157 reference does not disclose the use of an additive cartridge slot for receiving the one or more additive packages 62 wherein the slot is in fluid communication with the mixer, as claimed, attention is directed to the ‘518 reference, which discloses another mechanical drink dispensing system wherein an additive cartridge slot 58 (see Figures 3 and 4) sized to receive one or more additive packages 52 in order to enable the dispensing system to conveniently and effectively store additive packages and enable the packages to conveniently supply additives to a dispensed drink product. Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was made the ‘157 device can include such a additive cartridge slot in order to enable the dispensing system to conveniently and effectively store additive packages 61 and enable the packages to conveniently supply additives to a dispensed drink product.
In regard to claim 2, the mixing area comprises a mixing bowl 36 wherein the outlet is integrated into the bowl.
In regard to claim 3, the mixing area comprises a second valve (not numbered, see the valves on pump 61 in Figure 1) fluidically coupled to the additive cartridge. Although the ‘157 reference does not disclose the second valve is a Venturi valve, as claimed, it is the examiner’s position it would have been obvious to one of ordinary skill in the art at the time the invention was made the valve can be any suitable and know valve type, including a Venturi valve, without effecting the overall operation of the device, especially since the Applicant has not indicated the particular type of valve is critical to the overall operation of the device and the ‘157 reference does not limit the type of valve that may be employed.
In regard to claim 5, a third compressed CO2 pathway 64 from the carbonator fitting to the additive cartridge, the third compressed CO2 pathway comprising a second valve 65 positioned between the carbonator fitting and the additive cartridge wherein the actuator 39 is further mechanically coupled to the second valve and configured to actuate the second valve between an open and closed position upon physical manipulation of the actuator by a user (see column 4, lines 37-41).
In regard to claims 6 and 7, although the ‘157 reference does not disclose the use of pressure regulators and a filter as claimed, the examiner takes official notice that such fluid dispensing systems conventionally include such pressure regulators and filters in order to enable the product to be filtered and the pressure in the various lines to be regulated. Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was made the dispensing system in the ‘157 device can include pressure regulators in the CO2 pathways and a filter at an outlet of the first tank in order to enable the product to be filtered and the pressure in the various lines to be regulated.
In regard to claim 8, the ‘157 dispensing system is unrefrigerated.
In regard to claim 9, although the ‘157 reference does not disclose the size of the dispensing system, it is the examiner’s position it would have been obvious to one of ordinary skill in the art at the time the invention was made the system can be designed to be of any suitable size, depending on the needs of the user, including a size which would fit on a shelf in a residential refrigerator, without effecting the overall operation of the device.
In regard to claim 10, the system is considered to be configured to be stored in a “cooled environment” such that the first fluid reaches an equilibrium with a temperature of the cooled environment.
In regard to claims 11 and 12, although the ‘157 reference does not disclose the temperature of the environment in which the system is exposed, it is the examiner’s position it would have been obvious to one of ordinary skill in the art at the time the invention was made the system can be designed to be exposed to any suitable environment, depending on the needs of the user, including an environment between 35 and 38 degrees F, without effecting the overall operation of the device.
In regard to claims 14-15 and 17-219, as discussed above, ‘157 in view of ‘518 renders obvious the claimed structure.
Allowable Subject Matter
Claims 4 and 16 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tej Bilskie et al. and Nakayama et al. references are cited as being directed to the state of the art as teachings of other beverage dispensing devices which employ a pump and carbonator for mixing substances in a mixer prior to the beverage being dispensed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J WALCZAK whose telephone number is (571)272-4895. The examiner can normally be reached Monday-Friday 6:30-4:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at 571-270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
DJW
7/25/26
/DAVID J WALCZAK/Primary Examiner, Art Unit 3754
Prosecution Insights