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 .
Specification
2. The abstract of the disclosure is objected to because of legal language “comprising”. 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).
Claim Rejections - 35 USC § 112
3. 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.
4. Claims 1-12, 19-20 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 1, line 8, “flow of beverage ingredient” is positively recited for a second time. This renders the claims confusing as it raises issues of double inclusion.
II- In claim 4, line 4, “beverage ingredient” is positively recited for a second time. This renders the claims confusing as it raises issues of double inclusion.
III- In claim 19, line 7, “flow of beverage ingredient” is positively recited for a second time. This renders the claims confusing as it raises issues of double inclusion.
Claim Rejections - 35 USC § 103
5. 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.
6. Claims 13 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Smith et al. 7,056,307 in view of Hecht et al. 2011/0315711.
Smith et al. discloses a method of drawing a first portion of a volume of at least one ingredient contained in an ingredient container (22) into a tube assembly (42a), the tube assembly including a two-way valve (44), a reversible pump (18), and a tube coupling (42) the two-way valve to the reversible pump; and discharging, via the reversible pump, the first portion of the volume of the at least one beverage ingredient into the ingredient container (col. 11, ll. 4-30).Smith et al. lack that the ingredient is a beverage ingredient. Hecht et al. teach the use of an ingredient being a beverage ingredient from a bag in a box (46) (col. 6, para. [0108]).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the application to modify the product of Smith et al. to be a beverage as taught by Hecht et al., in order to dispense or administer different product in other applications.
Further, it would have been obvious to one having ordinary skill in the art before the effective filling date of the application to modify the container of Smith et al. to have a bag as taught by Hecht et al., in order to protect the product during storage.
Allowable Subject Matter
7. Claims 1-12 would be allowable if rewritten or amended 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.
8. Claims 14-18, 20 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
9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
10. 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.
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, 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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