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 § 112
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.
Claims 26 – 39 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.
Claim 1 recites the limitation "the vessel" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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 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) 26, 27 and 29 - 35 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hannah et al. (8061263).
Regarding claim 26, the Hannah et al. reference discloses a beverage dispensing machine (Figure 2) for dispensing a beverage, wherein the beverage
dispensing machine, comprises:
- an upper engaging member (100) movable to a deployed position for engaging an upper portion of the vessel;
- a dispensing nozzle (inherent) for dispensing the beverage; and
- a sensor (102, 104, 106) for detecting when the beverage is at a predetermined level in a vessel; and
- wherein the sensor comprises first and second annular electrodes (106a, b; i.e., level sensors) disposed on the upper engaging member, the first and second annular electrodes being arranged concentrically. Being disposed on the annular sensor, electrodes (106a, b) can be construed as annular. See Figure 5.
Regarding claim 27, wherein the first and second annular electrodes (106a, b) are formed around the dispensing nozzle. See Figure 5.
Regarding claim 29, wherein the first and second annular electrodes (106a, b) are arranged concentrically about a vertical axis. Electrodes (106a, b) have the same center and vertical axis.
Regarding claim 30, wherein the vertical axis is arranged at least substantially coincident with a vertical centreline of the vessel. See Figure 2.
Regarding claim 31, comprising: an actuating mechanism (120) for deploying the upper engaging member (100).
Regarding claim 32, wherein the dispensing nozzle is suitable for dispensing the beverage through an aperture formed in the vessel; wherein, when deployed, the upper engaging member (100) is configured at least partially to close the aperture. The aperture opening is controlled by a solenoid valve. See col. 5, lines 23 – 24.
Regarding claim 33, wherein the upper engaging member (100) comprises at least one fluid seal (ring 104 acts as a seal) for cooperating with the vessel (10) at least substantially to seal the aperture.
Regarding claim 34, wherein the dispensing nozzle is disposed in the upper engaging member (100); and the at least one fluid seal (ring 104) extends around the dispensing nozzle.
Regarding claim 35, wherein the or each fluid seal (104) comprises an annular seal.
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.
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.
Claim(s) 38 and 39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hannah et al. in view of Nordskog (4949627).
Regarding claims 38 and 39, the Hannah et al. reference discloses the invention (discussed supra), but doesn’t disclose a housing for removably mounting the beverage dispensing machine in a gallery of a vehicle. The Nordskog reference discloses another beverage dispensing machine (i.e., coffee maker) for use in an aircraft galley. Nordskog further discloses a housing (32, 34) to fit in a standard coffee maker bay of an aircraft (col. 6, lines 9 – 19). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date to modify the Hannah et al. device to have a housing mountable in a gallery of an aircraft (i.e., vehicle) as, for example, taught by the Nordskog reference since it is well known in the art, conventional and would be obvious to try without unexpected results.
Allowable Subject Matter
Claims 28, 36 and 37 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.
The following is a statement of reasons for the indication of allowable subject matter: None of the art of record, alone or in combination, teach:
Regarding claim 28, wherein the first annular electrode is disposed within the second annular electrode.
Regarding claim 36, wherein the upper engaging member comprises a plurality of the fluid seals, the fluid seals having different sizes and/or profiles for cooperating with a plurality of vessels having apertures of different sizes and/or profiles.
Regarding claim 37, wherein each fluid seal comprises an annular seal; and wherein the fluid seals are arranged concentrically.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The Shao (CN 1588709) and Murakami (JP 24102997) references disclose beverage apparatus having concentrically arranged annular electrodes.
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/TIMOTHY L MAUST/Primary Examiner, Art Unit 3753