DETAILED ACTION
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 1-3 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 “a beverage dispensing part having at least one of a first discharge nozzle and a second discharge nozzle among a first discharge nozzle, second discharge nozzle, and third discharge nozzle”. The language of the claim makes it unclear if three nozzles are being claimed, if it is a Markush style claim reciting one of three possible nozzles, or if according to the specification that multiple groups of nozzles are being claimed. For the purpose of examination, the claim will be treated as having three dispensing nozzles, “a first discharge nozzle, second discharge nozzle, and third discharge nozzle”.
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) 1 are rejected under 35 U.S.C. 103 as being unpatentable over Makino et al (US 20170313566 A1) in view of Kurabe et al (EP 3904275 A1).
Claim 1, Makino discloses a beverage dispensing part having at least one of a first discharge nozzle and a second discharge nozzle among a first discharge nozzle, second discharge nozzle, and third discharge nozzle and dispensing a beverage (5a, 5b, 5c, 50, 5),
a first pump (27) connected with a first tank (10a) and pumping a first liquid stored in the first tank,
a first supply pipe (FIG 4) connecting the first tank and the first discharge nozzle and having the first liquid pumped from the first tank flowing through it,
a first adjustment mechanism (25) arranged in the middle of the first supply pipe and able to adjust a flow rate of the first liquid supplied to the discharge nozzle (5b),
a second pump (30) connected with a second tank (10b) and pumping a second liquid stored in the second tank,
a second supply pipe (FIG 4) connecting the second tank and the discharge nozzle (5b) and having the second liquid pumped from the second tank flowing through it,
a second adjustment mechanism (28) arranged in the middle of the second supply pipe and able to adjust a flow rate of the second liquid supplied to the second discharge nozzle,
a third supply pipe (FIG 4) connecting a third liquid supply part for supplying a third liquid and a discharge nozzle (5b) and having the third liquid from the third liquid supply part flowing through it, and
a control device (20) making the first pump (27) and the first adjustment mechanism (25) operate together so as to enable control of a discharge rate of the first liquid supplied to the discharge nozzle and making the second pump (30) and the second adjustment mechanism (28) operate together so as to enable control of a discharge amount of the second liquid supplied to the discharge nozzle,
the beverage server able to adjust a concentration of the beverage dispensed from the beverage dispensing part (3b, 2).
But is silent on nozzle comprising a plurality of nozzles.
Kurabe teaches nozzle comprising a plurality of nozzles (41, 42, 43, 44).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Makino with plurality of nozzles as taught by Kurabe in order to provide sanitation and mixing of beverage in the desired beverage vessel.
Claim 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Makino and Kurabe as applied to claim 1 above, and further in view of Moriya (JP 2021191680 A).
Claim 2, the modified apparatus of Makino substantially discloses the apparatus as claimed above but silent on Moriya teaches a first solenoid valve arranged at the beverage dispensing part and opening and closing and a second solenoid valve opening and closing the second discharge nozzle, the control device being electrically connected to the first solenoid valve and the second solenoid valve and being configured to be able to control a time period for opening the second discharge nozzle.
Moriya teaches a first solenoid valve (V11-V13) arranged at the beverage dispensing part and opening and closing and a second solenoid valve (V2) opening and closing the second discharge nozzle (20), the control device (50) being electrically connected to the first solenoid valve and the second solenoid valve and being configured to be able to control a time period for opening the second discharge nozzle.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Makino with valve as taught by Moriya in order to provide valve to open and close the nozzle.
Claim 3, Makino discloses an operating part (3b, 2) electrically connected to the control device (20) and configured to be able to set a concentration of a beverage dispensed from the beverage dispensing part ([0052] – [0054]).
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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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.
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JEREMY W. CARROLL
Primary Examiner
Art Unit 3754
/Jeremy Carroll/Primary Examiner, Art Unit 3754
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