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 .
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(s) 1 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Norman (U.S. Pat. 4,995,534).
Regarding claim 1, Norman discloses a water dispensing mechanism (10) for a sparkling (carbonated) water bottle (12), comprising:
a water outlet pipe (14) located inside the sparkling water bottle;
a water outlet channel (interior of 14, 44, 54);
a water outlet (dispensing end of 55) connected to the water outlet channel; and
a pressing assembly (60, 56, 58, 62, 52, etc.) positioned proximate to a bottle cap (18) of the sparkling water bottle, wherein the pressing assembly is configured to move relative to the sparkling water bottle between a first position and a second position, wherein:
when the pressing assembly is in the first position (position shown in Fig. 3), it is configured to cut off a connection between the water outlet channel and the water outlet pipe, and
when the pressing assembly is in the second position, it establishes a connection between the water outlet channel and the water outlet pipe, allowing the sparkling water inside the sparkling water bottle to sequentially flow through the water outlet pipe, the pressing assembly, and the water outlet channel, then exit through the water outlet. (col. 4, lines 61-68)
Regarding claim 8, Norman discloses the bottle cap comprises a side that extends outward to form a protruding portion (Fig. 3: 55), and wherein the water outlet (dispensing end of 54) is located on a downward-facing side of a free end of the protruding portion, and the water outlet channel extends from the bottle cap to the water outlet on the protruding portion.
Claim(s) 10 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by Giroud (U.S. Pat. 3,679,104).
Regarding claim 10, Giroud discloses (Fig. 2)
a sparkling water bottle (col. 2, lines 67-68: a glass bottle containing gaseous liquid);
a gas cylinder (31), wherein the gas cylinder is configured to selectively supply gas into the water bottle; and
a water dispensing mechanism (102) comprising:
a water outlet pipe (77) located inside the sparkling water bottle;
a water outlet channel (105);
a water outlet (81) connected to the water outlet channel; and
a pressing assembly (103, 104, 107, etc.) positioned proximate to a bottle cap (112, 113) of the sparkling water bottle, wherein the pressing assembly is configured to move relative to the sparkling water bottle between a first position and a second position (col. 7, lines 62-68);
wherein when the pressing assembly is in the first position, it is configured to cut off a connection between the water outlet channel and the water outlet pipe (seen in Fig. 2);
wherein when the pressing assembly is in the second position, it establishes a connection between the water outlet channel and the water outlet pipe,
allowing the sparkling water inside the sparkling water bottle to sequentially flow through the water outlet pipe, the pressing assembly, and the water outlet channel, then exit through the water outlet (col. 7, lines 62-68); and
wherein with the water dispensing mechanism being provided on the bottle cap or a body of the water bottle.
Applicant should note that statements of intended use, i.e., “a sparkling water machine” or “to form sparkling water” are not germane to rejections based upon anticipation under 35 USC 102 because it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987).
Claim Rejections - 35 USC § 103
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.
Claim(s) 2-7 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Norman as applied to claim 1 above, and further in view of Giroud (U.S. Pat. 3,679,104).
Regarding claim 2, Norman discloses that the pressing assembly comprises a water chamber (44), but is silent in regards to a water outlet hole and
a water inlet (42) connected to an upper end of the water outlet pipe, permitting sparkling water communication inside the water bottle to flow in through the water outlet pipe into the water chamber.
Giroud discloses a similar apparatus (Fig. 2) with a water chamber (105) and a water outlet hole (seen in Fig. 2, hole in top of 104, connected to 105) that connects with the water chamber.
Therefore, it would have been obvious to one with ordinary skill in the art, prior to the effective filing date of the claimed invention, to substitute Norman’s valve shaft (52) with Giroud’s valve shaft (104), actuated by Norman’s pressing assembly, since doing so would be a mere substitution of one known valve shaft for another known valve shaft with the expected results that the substituted valve would control flow (see MPEP 2143 I B).
Regarding claim 3, the combination discloses wherein:
when the pressing assembly is in the first position (Norman Fig. 3), the water outlet hole, as taught by Giroud, is not aligned with an opposing end of the water outlet channel (Giroud Fig. 2), cutting off a connection between the water outlet pipe and the water outlet channel, preventing sparkling water communication inside the water bottle from entering the water outlet channel; and
when the pressing assembly is in the second position, the water outlet hole, as taught by Giroud, is aligned with an opposing end of the water outlet channel, and the water outlet pipe is connected to the water outlet channel, allowing sparkling water communication inside the water bottle to enter the water outlet channel and exit through the water outlet (col. 4, lines 61-68).
Regarding claim 4, the combination discloses wherein the pressing assembly further comprises:
a main body (Norman: 41), wherein the main body is fixed inside the bottle cap (42 is pressed inside 18), and the main body houses the water chamber, the water chamber extends through an upper end of the main body to form an open end at the upper part of the main body;
a pressing piece (60, 52) comprising:
a lower part (Giroud 104) extending into the water chamber through an open end of the main body and seals the open end, wherein the lower part comprises a channel (Giroud: 105) that extends to its bottom end, and wherein a side of the lower part includes the water outlet hole connected to the channel (seen in Fig. 2 of Giroud), and wherein a peripheral side of the pressing piece is sealed and coupled to an inner wall of the water chamber (Fig. 2 of Giroud, o-rings seen at multiple places around the periphery of 104), and
an upper part (Norman: Fig. 3: 53, 56, 60) configured to extend out of the bottle cap to form a pressing portion (60), that, when pressed, is configured to move the lower part along the water chamber, causing the water outlet hole, as taught by Giroud, to either misalign with or align with the water outlet channel; and
a reset piece (Norman: 62), wherein the reset piece is located between the main body and the pressing piece and is used to apply a force to the pressing piece, causing it to return from the second position to the first position.
Regarding claim 5, the combination discloses wherein the water inlet is located at a lower end of the main body (Norman: Fig. 3: proximate 44), wherein the main body comprises a side having an opening (opening of 54) connected with the water chamber; and
wherein the water outlet channel is connected to the opening.
Regarding claim 6, the combination discloses wherein the main body is cylindrical (Norman: Fig. 5),and
wherein the water chamber extends along an axial direction of the main body (both Norman Fig. 3 and Giroud Fig. 2 have water chambers extending in an axial direction),
the main body having a circular cross-section (Norman: Fig. 5);
wherein the pressing piece, as modified by Giroud, includes a hollow and tubular lower end (105), and is configured to fit with the water chamber; and wherein the lower part of the pressing piece is fitted with a sealing ring (Giroud: Fig. 2: o-rings seen around 104).
Regarding claim 7, Norman discloses that the water inlet (42) extends downward to form a connector (connecting to 14) and the connector is connected to an end of the water outlet pipe (14) and it would have been an obvious matter of design choice without undue experimentation to select the length of the water inlet such that it further extends into the water bottle, since the length of the water inlet has not been shown to be critical to its operation. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) MPEP 2144.04 IV. B.
Regarding claim 9, Norman discloses the pressing portion (60) comprises a bottom edge that extends outward to form a limiting structure (61), wherein the bottle cap (18) is provided with a through hole (through which pressing portion 60 protrudes), and the pressing portion extends through the through hole out of the bottle cap, wherein the limiting structure abuts against the lower edge of the through hole when the pressing piece is in the first position. (seen in Fig. 3)
Claim(s) 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giroud as applied to claim 10 above, and further in view of McClean, et al. (“McClean”) (U.S. Pub. 2017/0246597).
Regarding claim 11, Giroud discloses a gas supply connector wherein the gas supply connector includes an intake end (119 intake end) connected with the gas cylinder through a gas supply pipe (119) but is silent in regards to a base.
McClean discloses a domestic carbonation appliance with sparkling water machine which comprises a base (51); and
wherein a water bottle (¶ [0057]: “specifically configured bottles 11) includes a lower bottle opening (port 81) having a bottle bottom cover equipped with a gas inlet in connection with an interior of the water bottle, and in gaseous communication with a check valve (83), wherein a gas supply connector includes a gas outlet end connected to the check valve; and
wherein the check valve is configured to selectively supply gas into a water bottle from a gas cylinder (13), allowing the gas from the gas cylinder to enter the water bottle, and wherein the check valve is configured to close when the gas cylinder is closed.
Therefore, it would have been obvious to one with ordinary skill in the art, prior to the effective filing date of the claimed invention, to borrow the teaching of McClean to rearrange the gas cylinder and connection of Giroud by incorporating a gas fill valve into the bottom of the bottle and a connected base with a safety door and locking device to protect the user from a ruptured glass bottle during filling. (McClean: ¶ [0006])
Regarding claim 12, Giroud, as modified by McClean, discloses the check valve comprises:
a valve body (83, seen in Fig. 7);
a valve sleeve (part of 83, seen in Fig. 7) having a valve chamber, wherein the gas outlet end of the gas supply connector extends into the valve chamber and forms a seal with the inner wall of the valve chamber;
wherein the valve body includes an upper part (84) that forms the gas outlet end, and the circumferential side of the gas outlet end is provided with a gas outlet (carbonation stone 84 is open on all sides, as seen in Fig. 7); and
wherein the valve sleeve is configured to seal the gas inlet, to allow gas to fill the bottle without leakage, the valve sleeve is fitted over the gas outlet end and is configured to cover the gas outlet and extend into the gas inlet (check ball is seen extending into the inlet seen in Fig. 7), the valve sleeve is configured to deform under the action of the gas to open the gas outlet (check ball is forced to unseat) when the gas cylinder is opened to supply gas into the valve chamber.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892, attached.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J MELARAGNO whose telephone number is (571)270-7735. The examiner can normally be reached Mon - Fri: 8 am - 5 pm +/- flex.
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.
/MICHAEL J. MELARAGNO/ Examiner, Art Unit 3754
Prosecution Insights