Prosecution Insights
Last updated: August 06, 2026
Application No. 18/972,309

SYSTEMS AND METHODS FOR DISPENSING A BEVERAGE

Non-Final OA §102§103
Filed
Dec 06, 2024
Priority
Dec 08, 2023 — provisional 63/608,117
Examiner
PANCHOLI, VISHAL J
Art Unit
Tech Center
Assignee
Drinkstation Holdings Corporation
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
688 granted / 943 resolved
+13.0% vs TC avg
Strong +25% interview lift
Without
With
+25.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
37 currently pending
Career history
968
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
53.2%
+13.2% vs TC avg
§102
26.3%
-13.7% vs TC avg
§112
17.5%
-22.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 943 resolved cases

Office Action

§102 §103
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 . Election/Restrictions Applicant’s election without traverse of Invention III in the reply filed on 07/15/2026 is acknowledged. Therefore, claims 27-48 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention groups I and II, there being no allowable generic or linking claim. Claims 49 and 51-57 are pending in the application and are examined on the merits. 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 49 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fantappie et al. (“Fantappie” hereinafter) (US PG PUB 2022/0024748). Regarding claim 49, Fantappie discloses a beverage dispenser system (item 1, figure 1), the beverage dispenser system comprising: a refrigeration (items 310, 320, figure 5A) and carbonation system (item 408, figure 5A); a water filter cartridge mount (structure holding water filter 203, figure 3A) configured to receive a water filter cartridge (item 203, figure 3A); a gas cylinder cartridge mount (structure holding gas cylinder 402, figure 3A) configured to receive a gas cylinder (item 402, figure 3A); an ingredient cartridge mount (item 702, figure 10C) configured to receive an ingredient cartridge (item 701, figure 3A); and an electronics system (system including controller 1000, sensors 407, 720, 722, display 801, figures 1, 5A, 11) comprising sensors configured to detect performance of the beverage dispenser, the electronics system being configured to communicate with a remote device, the electronics system being configured to provide data to the remote device (network, paragraphs [0104], [0105], [0125], [0126]), the data is related to at least one of the water filter cartridge (paragraph [0079]), the gas cylinder (paragraph [0051]), or the ingredient cartridge (paragraph [0078]). 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 51-57 are rejected under 35 U.S.C. 103 as being unpatentable over Fantappie in view of Conway et al. (“Conway” hereinafter) (US PG PUB 2023/0312323). Regarding claim 51, Fantappie teaches that the remote device is a network (item 902, paragraphs [0104-0105], [0125-0126) and communicates with the electronics system regarding various aspects of the beverage dispensing system and the electronics system, the electronics system is configured to adjust at least one parameter related to at least one of the water filter cartridge, the gas cylinder, or the ingredient cartridge (paragraphs [0042], [0051], [0078-0079], [0092]). Fantappie is silent to using an artificial intelligence machine to communicate with the electronics system and receive feedback regarding operating parameters for the beverage dispensers. Conway teaches an electronics beverage dispensing system (item 100, figure 1) that comprises an electronics controller (item 500, figure 3) that receives information, from various sensors (item 522, figure 3, paragraphs [0062-0063]), regarding beverage dispenser operating conditions and parameters (paragraphs [0024], [0026], , and the controller also communicates back and forth with an artificial intelligence (AI) system (paragraph [0086]) that provides a recommendations to the controller based on data received from the controller for the beverage dispenser and also other existing data that the AI receives and learns continuously (paragraph [0086]). It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to have provided the AI system as a remote device system in the device of Fantappie as taught by Conway such that the electronics controller and the AI system communicate back and forth and increase the efficiency and monitor the beverage dispensing operation based on the data received from the device and also using existing learned information. It is worth noting that use of AI in IoT devices is increasingly becoming common and persons of ordinary skill in the art of dispensing would be able to deploy AI and beverage dispensers for fully automatic control of the dispensing operation. Regarding claim 52, Fantappie teaches the electronic system includes a control unit (item 1000, figure 11), a user interface (item 800, figure 1) with a display (item 801, figure 1), a sensor system (items 407, 720, 722, figure 5A), and a camera (item 722, paragraph [0079]). Fantappie does not teach an audio unit and an RFID system. Conway teaches use of audio signals to alert a user regarding low material levels in the dispenser (paragraphs [0064], [0076], [0088]) and an RFID system (paragraph [0067]) to identify concentrate containers and ensure that only correct concentrate containers are used and also provide information regarding the contents of these containers to either an end-user or other electronic systems. It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to have modified the invention of Fantappie as modified by Conway to provide audio signal systems for alerting a user regarding various beverage dispenser operating parameters and also deploy the use of RFID systems to identify and track the types of the ingredient or concentrate containers being used in the beverage dispenser. Regarding claim 53-57, Fantappie as modified by Conway teaches use of AI to monitor, control, and/or maintain operation of one or more beverage dispensers using existing data, learned data from the associated beverage dispensers, order data of beverage components, recommend new flavors or containers, detect usage patterns, etc. (see paragraph [0086], Conway). While the prior arts are silent to exact steps and parameters thought by the AI, It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to a person of ordinary skill in the art to make use of existing AI systems to achieve the functionality of the beverage dispenser as contemplated by the claimed recitations. Here, the combination of prior art does teach or disclose all of the structural limitations of the claimed invention and is therefore capable of inherently performing the method set forth in these claims. Under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device . See MPEP § 2112.02. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following documents disclose subject matter related to beverage dispensers that make use of removable water filters, gas cylinders or cartridges, or beverage concentrates and ingredient cartridges along with use of sensors and other electronics devices: US PN 5,342,518, US PG PUB 2011/0181417, and US PG PUB 2022/0135390. Any inquiry concerning this communication or earlier communications from the examiner should be directed to VISHAL J PANCHOLI whose telephone number is (571)272-9324. The examiner can normally be reached Monday - Thursday (9 am - 7 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 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. 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. /Vishal Pancholi/Primary Examiner, Art Unit 3754
Read full office action

Prosecution Timeline

Dec 06, 2024
Application Filed
Nov 18, 2025
Response after Non-Final Action
Jul 29, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
73%
Grant Probability
98%
With Interview (+25.3%)
2y 3m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 943 resolved cases by this examiner. Grant probability derived from career allowance rate.

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