DETAILED ACTION
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.
Claim(s) 13-14, 16-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Jersey et al (US 20150210522 A1).
Claim 13, Jersey discloses - a dispensing line (314, 308, 120, 128, 108) with a dispensing outlet at a downstream end of the dispensing line;
- a base liquid input (302, 314; FIG 2-3, 6);
- a beverage concentrate input (104, 116, 118, 304, 604, 606, 608; FIG 2-3, 6); and
- a secondary liquid input (112, 114, 122, 124, 146, 612, 614, 616, 618; FIG 2-3, 6);
wherein the base liquid input is in fluid communication with the dispensing line (FIG 2-3, 6), the beverage concentrate input is in fluid communication with the dispensing line, and the secondary liquid input is in fluid communication with the dispensing line, and
wherein the secondary liquid input is connected to the dispensing line downstream relative to the base liquid input and the beverage concentrate input (FIG 2-3, 6), and the secondary liquid input is connected upstream to the dispensing line relative to the dispensing outlet.
Claim 14, Jersey discloses - the beverage dispenser is free of mixing chambers (FIG 2) for mixing together base liquid and beverage concentrate.
Claim 16, Jersey discloses wherein the beverage dispenser is free of mixing chambers (FIG 2) for mixing together base liquid, beverage concentrate, and secondary liquid.
Claim 17, Jersey discloses a beverage concentrate container (104; [0042]) comprising a volume of beverage concentrate, which beverage concentrate container is replaceable connected to the beverage concentrate input.
Claim 18, Jersey discloses wherein the beverage concentrate is based on a beer (while not specifically discloses the structure is inherently capable of carrying out this function during its normal operation; [0011] to [0015]).
Claim 19, Jersey discloses wherein the base liquid comprises carbonated water (132).
Claim 20, Jersey discloses wherein the beverage concentrate comprises protein (while not specifically discloses the structure is inherently capable of carrying out this function during its normal operation; [0011] to [0015]).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable over Jersey et al as applied to claim 13 above.
Claim 15, Jersey discloses the claimed invention except for wherein a maximum flow-through area for fluid is 0.1085 in2. It would have been obvious to one having ordinary skill in the art at the time the invention was made to change the size in order to provide the desired flow rate, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. MPEP 2144.05.
Allowable Subject Matter
Claims 1-12 are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY W CARROLL whose telephone number is (571)272-4988. The examiner can normally be reached M-F 8 AM - 5 PM.
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JEREMY W. CARROLL
Primary Examiner
Art Unit 3754
/Jeremy Carroll/Primary Examiner, Art Unit 3754
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