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 .
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: The specification does not provide support for the flow modifiers recited in claim 3.
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) 11-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ludovissie et al. (20050115989).
Regarding claim 11, Ludovissie discloses a method for dispensing a fluid, comprising: receiving, at a cold fluid inlet (110a) of a beverage dispensing nozzle (100), a first fluid from a first fluid source; decreasing, via a cone-shaped element (158) positioned along a fluid channel (106), a pressure of the first fluid; dispensing, via at least one of a plurality of flavor dispensers (112a-d) of the beverage dispensing nozzle, at least one flavor concentrate; and dispensing, via a fluid outlet (122) of the beverage dispensing nozzle, a flavored beverage comprising the first fluid and the at least one flavor concentrate.
Regarding claim 12, the method further comprising rotating a first component of the beverage dispensing nozzle relative to a second component of the beverage dispensing nozzle to join together the first component and the second component (par. 0042).
Regarding claim 13, the method further comprising straightening, via a flow straightener (123), a flow of the first fluid.
Regarding claim 14, the method further comprising: receiving, at a hot fluid inlet (118a) of the beverage dispensing nozzle, a second fluid from a second fluid source; and decreasing, via a depressurizing portion (160) positioned along a wall structure, a pressure of the second fluid from the second fluid source.
Regarding claim 15, the method further comprising straightening, via a flow straightener (123), a flow of the second fluid.
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.
Claim(s) 2-10 and 16-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ludovissie et al. in view of Kelly (5601210).
Regarding claim 2, Ludovissie discloses a beverage dispensing nozzle, comprising: a first fluid inlet (110a) coupled to a first fluid source, the first fluid inlet configured to receive a first fluid from the first fluid source; a second fluid inlet (118a) coupled to a second fluid source, the second fluid inlet being configured to receive a second fluid from the second fluid source with a temperature exceeding a temperature of the first fluid; a depressurizing portion (160) positioned along a wall structure and configured to reduce pressure of the second fluid from the second fluid source; a fluid outlet (122); and a plurality of flavor dispensers (112a-d), wherein each of the plurality of flavor dispensers is configured to dispense a respective flavor concentrate of a plurality of flavor concentrates.
Ludovissie DIFFERS in that it does not disclose the second fluid inlet being perpendicular to the first fluid inlet. Attention, however, is directed to the Kelly reference, which discloses a second fluid inlet (25) being perpendicular to a first fluid inlet (4).
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 Ludovissie reference in view of the teachings of the Kelly reference by configuring the second fluid inlet to be perpendicular to the first fluid inlet for the purpose of minimizing the proliferation of bacteria (col. 1, lines 37-43 of Kelly).
Regarding claim 3, the nozzle further comprising a plurality of flow modifiers (160, 158, and 123 of Ludovissie) configured to modify a fluid flow.
Regarding claim 4, the nozzle further comprising a fluid channel (116 of Ludovissie) configured to control a width of water flowing downwardly.
Regarding claim 5, the nozzle further comprising first component; a second component; and a gasket configured to seal a mating surface between the first component and the second component (par. 0042 of Ludovissie).
Regarding claim 6, the gasket comprises an O-ring (par. 0042 of Ludovissie).
Regarding claim 7, the first component and the second component are configured to join together by rotating the first component relative to the second component (par. 0042 of Ludovissie).
Regarding claim 8, the nozzle further comprising a cone-shaped element (158 of Ludovissie) positioned along a fluid channel (106 of Ludovissie) from the first fluid source.
Regarding claim 9, the cone-shaped element is configured to disperse the first fluid through a channel (156 of Ludovissie) along a surface area of the cone-shaped element.
Regarding claim 10, the cone-shaped element forms an interior wall of the fluid channel for the first fluid to pass (Fig. 13 of Ludovissie).
Regarding claim 16, Ludovissie discloses a beverage dispensing nozzle apparatus, comprising: a nozzle body (100) comprising a first component and a second component, wherein the first component is configured to mate with the second component by rotating the first component relative to the second component (par. 0042); a first fluid inlet (110a) on a first side of the nozzle body, the first fluid inlet being coupled to a first fluid source and configured to receive a first fluid from the first fluid source; a second fluid inlet (118a) on a second side of the nozzle body, wherein the second fluid inlet is configured to receive a second fluid from a second fluid source with a temperature exceeding a temperature of the first fluid; and a fluid outlet (122).
Ludovissie DIFFERS in that it does not disclose the second side being perpendicular to the first side. Attention, however, is directed to the Kelly reference, which discloses a second fluid inlet (25) being arranged on a second side perpendicular to a first fluid inlet (4) on a first side.
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 Ludovissie reference in view of the teachings of the Kelly reference by configuring the second fluid inlet to be perpendicular to the first fluid inlet for the purpose of minimizing the proliferation of bacteria (col. 1, lines 37-43 of Kelly).
Regarding claim 17, the nozzle further comprising a gasket configured to seal a mating surface between the first component of the nozzle body and the second component of the nozzle body (par. 0042 of Ludovissie).
Regarding claim 18, the nozzle further comprising a plurality of flavor dispensers (112a-d of Ludovissie) individually configured to dispense a respective flavor concentrate of a plurality of flavor concentrates.
Regarding claim 19, the nozzle further comprising a cone-shaped element (158 of Ludovissie) positioned along a fluid channel (106 of Ludovissie) from the first fluid source.
Regarding claim 20, the nozzle further comprising a flow straightener (123 of Ludovissie).
Regarding claim 21, the nozzle further comprising a plurality of apertures (Figs. 9 and 12 of Ludovissie).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DONNELL ALAN LONG whose telephone number is (571)270-5610. The examiner can normally be reached Mon - Fri 8AM-5PM.
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/DONNELL A LONG/Primary Examiner, Art Unit 3754
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