AMENDMENT AND RESPONSE TO NON-FINAL OFFICE ACTION
`Appl. No.: 17/426,715
`Page 7 of 9
`
`REMARKS
`
`Claims 1-14 are pending herein with claim 1 being the sole independent claims. All
`
`claimsstand rejected.
`
`Drawings:
`
`Revised drawings are submitted herewith as requested.
`
`35 U.S.C. § 112:
`
`Claims 1-14 were rejected were rejected under 35 U.S.C. § 112(a), first paragraph, as
`
`failing to comply with the written description requirement with respect to the “rigid form”
`
`limitation. Claims 1-14 were rejected were rejected under 35 U.S.C. § 112(b), second paragraph,
`
`as being indefinite for failing to particularly point out and distinctly claim the subject matter
`
`regarded as the invention with respect to the “rigid form” limitation.
`
`The Applicant respectfully submits that the amendments made herein overcome the
`
`rejections. The object herein to increase the flexibility of what the specification describes as
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`“hard plumb dispensers.” Paragragh [0013]. Specifically, “in conventional systems, one or
`
`more of the valves may be non-operational(e.g., bottom right valve 140 as shown in FIGs. 1A-
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`1C), designated with an “X” because the valve tube 145 is not in connection with the casing 160
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`due to the rigid configuration of the valve and/or the predetermined configuration of the casing
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`160.
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`... For example, upper left valve 110 could be designated as non-functional where the
`
`casing 160 and/or the rigid form 170 obstruct the tube associated with valve 110.” Paragraphs
`
`[0006]-[0007].
`
`In this context, the rigid form simply means the hard plumbed fluid manifold
`
`47389190.1
`
`

`

`AMENDMENT AND RESPONSE TO NON-FINAL OFFICE ACTION
`Appl. No.: 17/426,715
`Page 8 of 9
`
`shownherein as rigid form 170. The Applicant therefore has amendedthe term to recite a “rigid
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`form fluid manifold.”
`
`With respect to the second valve and the second valve tube, the specification states that
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`the second valve and the second valve tube “may be connected to a separate fluid source such as
`
`an additional syrup source.”
`
`See, e.g., Paragraph [0035].
`
`The Applicant has amended
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`independentclaim | to recite the “separate fluid source.”
`
`35 U.S.C. § 102/35 U.S.C. § 103:
`
`Claims 1, 4, 6-12, and 14 were rejected under 35 U.S.C. § 102(a)(1) as being anticipated
`
`by applicant admitted prior art (AAPA). Claims 2, 3,5, and 13 were rejected under 35 U.S.C. §
`
`103 as being unpatentable over AAPAasapplied to claim 1 above. The Applicant respectfully
`
`submits that the amendments made herein overcomethe rejections. Specifically, the Applicant
`
`has added the “separate fluid source” as described above. Theprior art description of Figs. 1A-
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`1C and Paragraphs [0002]-[0011] only describe a hard plumbed dispenser with no flexibility for
`
`additional fluid sources.
`
`The Applicant
`
`thus submits that
`
`independent claim 1, and the
`
`dependent claims thereon, are patentable.
`
`47389190.1
`
`

`

`AMENDMENT AND RESPONSE TO NON-FINAL OFFICE ACTION
`Appl. No.: 17/426,715
`Page 9 of 9
`
`CONCLUSION
`
`The Applicant believes that it has addressed each matter raised in the office action.
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`Allowance of all claims is respectfully requested. Any questions may be directed to the
`
`undersigned at (404) 853-8028.
`
`Dated:_August 4, 2022
`
`EVERSHEDS SUTHERLAND(US) LLP
`999 Peachtree Street NE
`Atlanta, Georgia 30309-3996
`(404) 853-8000
`danic iwarren @eversheds-sutherland com
`
`Docket No.: 25040-5941 (81361549)
`
`Respectfully submitted,
`
`
`/Daniel J. Warren/
`Daniel J. Warren
`Reg. No. 34,272
`
`47389190.1
`
`

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