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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on September 30, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS has been considered by the examiner.
Claim Status
In the Preliminary Amendment filed September 11, 2024, claims 1-19 were canceled and claims 20-49 were added. Claims 20-49 have been presented for consideration and are pending.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 20-49 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lyons et al., US Patent Application Publication 2018/0099850 (published April 2018, hereinafter LYONS).
1.-19. (Canceled)
As per claim 20 (New), LYONS teaches of a portable system for forming a beverage (see fig. 2; and abstract and par. 9: a portable system for generating and transporting a prepared beverage) comprising:
a base liquid container for containing base liquid (see fig. 4-5 and 45; and par. 9: portable device includes a container assembly for housing liquid for a prepared beverage);
a receptacle configured to receive an additive vessel containing additive (see fig. 2-3; and par. 60: the dispensing assembly includes a receptacle with one or more additive vessels for housing additives); and
a user-actuated pressure applicator adapted to apply pressure to the additive received by the receptacle, wherein additive is dispensed from the additive vessel into the base liquid container in response to applied pressure (see fig. 1 and 13A and par. 61 and 124-125: an electro-mechanical actuator is engaged via a user initiative for applying pressure to an additive vessel to present a chosen additive to a beverage).
As per claim 21 (New), LYONS teaches of the system of claim 20, further comprising the additive vessel received in the receptacle (see fig. 2-3 and 13A; and par. 60: the dispensing system includes an additive vessel for storing various additives/ingredients to a beverage).
As per claim 22 (New), LYONS teaches of the system of claim 21, wherein the additive vessel comprises a nozzle assembly adapted to interface with the receptacle (see fig. 14 and par. 81 and 126: additive vessel contains a nozzle which interfaces with the dispensing assembly and add stored material to a beverage when pressure is applied to the vessel).
As per claim 23 (New), LYONS teaches of the system of claim 21, wherein the additive vessel includes a cylindrical housing extending around a volume of additive, and the portable system further comprising a wall between the cylindrical housing and a volume for containing base liquid (see fig. 9 and 47; and par. 89 and 359: the vessel includes a tapered cylinder configuration to optimize drainage and flow-rate of material into a beverage of choice, with a wall or physical separation material (e.g., plastic) to act as a separation medium to mitigate mixing of materials).
As per claim 24 (New), LYONS teaches of the system of claim 21, wherein an outlet of the additive vessel is configured to dispense additive along an axis parallel to a central axis of the base liquid container (see fig. 11 and 13A: additive vessels are aligned to present material in an axis parallel to a central axis of the base liquid container).
As per claim 25 (New), LYONS teaches of the system of claim 24, wherein the additive vessel is offset from the central axis (see fig. 11 and 13A; and par. 81: the vessel outputs are assembled circumferentially from the central axis, whereby additives are added to a beverage offset the central axis).
As per claim 26 (New), LYONS teaches of the system of claim 25, comprising at least two additive vessels offset from the central axis and arranged symmetrically about the central axis (see fig. 11 and par. 81 and 142: the additive vessels are symmetrically positioned around a central axis).
As per claim 27 (New), LYONS teaches of the system of claim 20, wherein the receptacle is configured to support the additive vessel in an upward orientation such that an outlet of the additive vessel faces upwards (see par. 47; and par. 359: system includes a upward facing outlet port wherein each port is sealed by a one way value which permits one way passage of additive to the chamber).
As per claim 28 (New), LYONS teaches of the system of claim 20, further comprising a lid having a cap with a hinged connection to the lid (see fig. 3-4: the container cover includes a hinged cap on the lid).
As per claim 29 (New), LYONS teaches of the system of claim 28, wherein the lid has an interior lid space configured such that additive dispensed from the additive vessel received by the receptacle moves through the interior lid space into the base liquid container (see fig. 3-4: the interior lid space/volume houses receptacles for storing additives as well as the mechanism used to facilitate dispensing of material).
As per claim 30 (New), LYONS teaches of the system of claim 20, wherein the receptacle is configured to receive the additive vessel via a press-fit connection (see fig. 2 and par. 168: the additive vessels are pressure fitted within the dispensing assembly).
As per claim 31 (New), LYONS teaches of the system of claim 20, wherein the portable system is configured to mix additive with the base liquid in the base liquid container to form the beverage (see par. 11: the system allows the user to add one or more targeted additives to contained liquid).
As per claim 32 (New), LYONS teaches of the system of claim 20, wherein the base liquid container includes a volume for containing base liquid, and wherein a portion of the volume for containing base liquid extends above the additive vessel between the additive vessel and an outlet of the base liquid volume (see par. 11-12: system capable of measuring the volume of liquid and make accommodations such that the appropriate additives may be included in the mixture based on the volume of liquid present).
As per claim 33 (New), LYONS teaches of the system of claim 20, wherein the user-actuated pressure applicator includes a ratcheting mechanism (see par. 235: system uses a rack and pinion mechanism to apply pressure, while a linear potentiometer facilitates positioning of the pressure actuator).
As per claim 34 (New), LYONS teaches of a portable system for forming a beverage (see fig. 2; and abstract and par. 9: a portable system for generating and transporting a prepared beverage)) comprising:
a base liquid container for containing base liquid (see fig. 4-5 and 45; and par. 9: portable device includes a container assembly for storing liquid);
an additive vessel (see fig. 2-3; and par. 60: the dispensing assembly includes a receptacle with one or more additive vessels for storing material);
a receptacle configured to receive the additive vessel, the receptacle having an aperture for receiving the additive vessel configured to receive the additive vessel in a predetermined
orientation (see fig. 2-3 and 13A; and par. 60: the dispensing system includes an additive vessel for storing various additives/ingredients to a beverage)); and
a wall positioned between a portion of the base liquid container and the receptacle having an outlet port through which additive is dispensed from the additive vessel into the base liquid container (see fig. 9 and par. 89: the vessel includes a tapered cylinder configuration to optimize drainage and flow-rate of material into a beverage of choice, with a wall or physical separation material (e.g., plastic) to act as a separation medium to mitigate mixing of materials).
As per claim 35 (New), LYONS teaches of the system of claim 34, wherein the additive vessel includes a nozzle assembly adapted to interface with the aperture of the receptacle (see fig. 14 and par. 81 and 126: additive vessel contains a nozzle which interfaces with the dispensing assembly and add stored material to a beverage when pressure is applied to the vessel).
As per claim 36 (New), LYONS teaches of the system of claim 34, wherein the additive vessel received in the orientation is constrained in all but one axis such that an input force operating on the additive vessel is operative to dispense additive from the additive vessel (see fig. 17 and 18; and par. 195: the input force from the dispensing mechanism facilitates a controlled vessel’s ejection of contents).
As per claim 37 (New), LYONS teaches of the system of claim 34, wherein the receptacle is configured to support the additive vessel in an upward orientation such that an outlet of the additive vessel faces upwards (see par. 47; and par. 359 and 365: system includes a upward facing outlet port wherein each port is sealed by a one way value which permits one way passage of additive to the chamber).
As per claim 38 (New), LYONS teaches of the system of claim 34, further comprising a lid configured to cover the base liquid container, the lid having a cap with a hinged connection to the lid (see fig. 3-4: the container cover includes a hinged cap on the lid).
As per claim 39 (New), LYONS teaches of the system of claim 34, wherein the receptacle is configured to receive the additive vessel via a press-fit connection (see fig. 2 and par. 168: the additive vessels are pressure fitted within the dispensing assembly).
As per claim 40 (New), LYONS teaches of the system of claim 34, wherein the base liquid container includes a volume for containing base liquid, and wherein a portion of the volume for containing base liquid extends above the additive vessel between the additive vessel and an outlet of the base liquid volume (see fig. 9 and 47; and par. 89 and 359: the vessel includes a tapered cylinder configuration to optimize drainage and flow-rate of material into a beverage of choice, with a wall or physical separation material (e.g., plastic) to act as a separation medium to mitigate mixing of materials).
As per claim 41 (New), LYONS teaches of the system of claim 34, wherein an outlet of the additive vessel is configured to dispense additive along an axis parallel to a central axis of the base liquid container (see fig. 11 and 13A: additive vessels are aligned and present material in an axis parallel to a central axis of the base liquid container).
As per claim 42 (New), LYONS teaches of the system of claim 41, wherein the additive vessel is offset from the central axis (see fig. 11 and 13A; and par. 81: the vessel outputs are assembled circumferentially from the central axis, whereby additives are added to a beverage offset the central axis).
As per claim 43 (New), LYONS teaches of the system of claim 42, comprising at least two additive vessels offset from the central axis and arranged symmetrically about the central axis (see fig. 11 and par. 81 and 142: the additive vessels are symmetrically positioned around a central axis).
As per claim 44 (New), LYONS teaches of a beverage system (see fig. 2; and abstract and par. 9: a portable system for generating and transporting a prepared beverage) comprising:
a vessel defining at least one longitudinal channel (see fig. 2-3 and par. 172: the beverage system includes a drinking channel which extends longitudinal through the beverage device);
a cartridge assembly engaged with said longitudinal channel, said cartridge assembly
including an elongated cartridge housing and an openable and closable door having a viewing
window (see fig. 2-3 and par. 172-173 and 214: the portable beverage device contains a cartridge assembly supporting the longitudinal drinking channel, wherein the cartridge assembly is visible through the device lid); and
a cartridge including a volume of concentrated matter, said cartridge engageable with said cartridge housing wherein said cartridge is viewable through said viewing window when said door is closed (see fig. 2: device cartridge can be seen through the housing when closed).
As per claim 45 (New), LYONS teaches of the beverage system of claim 44, wherein said concentrated matter is a flavor concentrate (see par. 246 and 334: the additives for dispersing within the container may be flavoring in nature).
As per claim 46 (New), LYONS teaches of the beverage system of claim 44, wherein said cartridge assembly includes a sliding member for actuating the release of aliquots of said concentrated matter (see par. 246 and 287: precise distribution of concentration [additives] into contained liquid is performed in discrete quantities, as to ensure the mixture is accurate to taste or predetermined consumable parameters (e.g., medicine, alcohol, etc.)).
As per claim 47 (New), LYONS teaches of the beverage system of claim 46, wherein said door defines a sliding member aperture, said sliding member accessible through said sliding member aperture when said door is in closed position (see fig. 49B and par. 36 and 364-365: the sliding member facilitates the opening and closing of the aperture/opening to permit the flow of material).
As per claim 48 (New), LYONS teaches of the beverage system of claim 44, wherein said vessel includes a chamber for storing a liquid diluent (see fig. 47 and par. 359: the dispensing assembly includes vessels with chambers for storing additives for distribution).
As per claim 49 (New), LYONS teaches of the beverage system of claim 48, wherein said concentrated matter is incrementally dispensed into said chamber (see par. 246, 287 and 308: precisely control distribution of material is dispersed into contained liquid, in an effort to add discrete incremental quantities to ensure reliable quantities are dispensed).
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lyons et al. (US-2018/0072553 and US-2018/0177325) focus on a system and method for storing separate additives in a portable container with a mechanism which facilitates the mixing of additives into liquid stored in the container, while Wheatley et al. (US-2017/0156540, US-2016/0159632 and WO-2016/201305) is directed to a portable drink mixer with a user interface for controlling [user] directed mixed drinks. The combination of Carpenter et al.(US-2017/0186110) and Canara et al.(US-2010/0125362), teach of portable drink containers which provide a mechanism for controlling the mixture of various stored additives to a drink.
Conclusion
The applicant is strongly encouraged to contact the examiner if further clarifications are needed with respect to interpretation of currently presented claims and/or cited prior art.
A reference to specific paragraphs, columns, pages, or figures in a cited prior art reference is not limited to preferred embodiments or any specific examples. It is well settled that a prior art reference, in its entirety, must be considered for all that it expressly teaches and fairly suggests to one having ordinary skill in the art. Stated differently, a prior art disclosure reading on a limitation of Applicant's claim cannot be ignored on the ground that other embodiments disclosed were instead cited. Therefore, the Examiner's citation to a specific portion of a single prior art reference is not intended to exclusively dictate, but rather, to demonstrate an exemplary disclosure commensurate with the specific limitations being addressed. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006,1009, 158 USPQ 275, 277 (CCPA 1968)). In re: Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005); In re Fritch, 972 F.2d 1260, 1264, 23 USPQ2d 1780, 1782 (Fed. Cir. 1992); Merck& Co. v. BiocraftLabs., Inc., 874 F.2d 804, 807, 10 USPQ2d 1843, 1846 (Fed. Cir. 1989); In re Fracalossi, 681 F.2d 792,794 n.1,215 USPQ 569, 570 n.1 (CCPA 1982); In re Lamberti, 545 F.2d 747, 750, 192 USPQ 278, 280 (CCPA 1976); In re Bozek, 416 F.2d 1385, 1390, 163 USPQ 545, 549 (CCPA 1969).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELVIN BOOKER whose telephone number is (571)272-7827. The examiner can normally be reached on M-F 9am-5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mohammad Ali can be reached on (571) 272-4105. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/Kelvin Booker/
Examiner, Art Unit 2119
/MOHAMMAD ALI/Supervisory Patent Examiner, Art Unit 2119
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