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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 9/18/2025 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 2-4, 6-13, 15-17, 19-23, 30-33, 41-51, and 53 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 6-7, 50-51, and 53 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 6 recites the limitation "the distance" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 depends from claim 6
Claim 50 recites the limitation "the beverage brewer" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 51 recites the limitation "the beverage brewer" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 53 recites the limitation "A beverage brewer" in line 1. Should this be –A beverage brewing appliance--?
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)(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) 2-3, 6-13, 15-17, 22-23, 31-33, 41-47, and 50-51 (AS BEST UNDERSTOOD) is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by DeMiglio et al. (USPGPUB 2013/0055904).
Regarding claim 22, DeMiglio et al. disclose a beverage brewer spray apparatus configured to spray sidewalls (28) of an empty integrated brewing chamber (36) of a beverage brewing appliance (see Figure 1), comprising:
a lid (84), configured to cover an open end (see Figures 2-4) of the brewing chamber (36); and
a dispersal member (124) extending from a surface of the lid at an open proximal end (88) of the dispersal member (see Figure 2);
wherein the dispersal member (124) has a sidewall (128,132 or 132) and a closed distal end (see the apex of cone “124” in Figure 3) together defining an interior of the dispersal member (see Figures 2-3), wherein the sidewall (132) has a plurality of apertures (136) formed therethrough (see Figure 3);
wherein the lid (84) has a lid through-hole (90), and the dispersal member (124) extends from the surface of the lid at the lid through-hole (see Figures 2-3);
wherein the apertures (136) are configured to direct liquid from the interior of the dispersal member generally outward (see Figure 4) from the dispersal member (see paragraph [0048]); and
wherein the lid (84) is configured to engage the brewing chamber (36) such that the lid seals the open end of the brewing chamber (see paragraph [0040]).
Regarding claim 2, DeMiglio et al. disclose the beverage brewer spray apparatus of claim 22, wherein the apertures (136) are substantially compacted in cross-section (see Figure 3).
Regarding claim 3, DeMiglio et al. disclose the beverage brewer spray apparatus of claim 2, wherein the apertures (136) are substantially round in cross-section (see Figure 4).
Regarding claim 46, DeMiglio et al. disclose the apparatus of claim 22, wherein the lid (84) includes a skirt (116) extending from the surface of the lid at a distance from the dispersal member (see Figure 2).
Regarding claim 6 (AS BEST UNDERSTOOD), DeMiglio et al. disclose the beverage brewer spray apparatus of claim 46, wherein the apertures (136) are configured within a thickness of the sidewall (132) of the dispersal member (124) to direct liquid from the interior of the dispersal member (124) generally outward from the dispersal member (124) to at least the distance from the dispersal member (see Figure 4 and paragraph [0048]).
Regarding claim 7 (AS BEST UNDERSTOOD), DeMiglio et al. disclose the beverage brewer spray apparatus of claim 6, wherein the apertures (136) are configured as to at least one of shape and angle within the thickness of the sidewall of the dispersal member (see Figures 2-3).
Regarding claim 8, DeMiglio et al. disclose the beverage brewer spray apparatus of claim 22, wherein the apertures (136) are angled within a thickness of the sidewall (132) of the dispersal member (124) so as not to be perpendicular to the sidewall of the dispersal member (see Figures 2-4).
Regarding claim 9, DeMiglio et al. disclose the beverage brewer spray apparatus of claim 22, wherein the apertures (136) are arranged in a distal half (see the bottom half of “124” in Figure 3) of the dispersal member (124).
Regarding claim 10, DeMiglio et al. disclose the apparatus of claim 46, wherein the dispersal member (124) extends from the surface of the lid (84) a distance that is farther than a distance that the skirt (116) extends from the surface of the lid (see Figure 3).
Regarding claim 11, DeMiglio et al. disclose the beverage brewer spray apparatus of claim 10, wherein the apertures (136) are arranged a distance away from the surface of the lid (84) that is farther than a distance that the skirt (116) extends from the surface of the lid (see Figures 3-4).
Regarding claim 12, DeMiglio et al. disclose the beverage brewer spray apparatus of claim 22, wherein the surface is substantially planar (see Figures 3-4 and paragraph [0039]).
Regarding claim 13, DeMiglio et al. disclose the beverage brewer spray apparatus of claim 22, wherein the proximal end of the dispersal member (124) is sealed to the surface of the lid (84) at the lid through-hole (see Figures 2-3).
Regarding claim 15, DeMiglio et al. disclose the apparatus of claim 46, wherein the skirt (116) extends from the surface of the lid (84) at a distance from a peripheral edge of the lid (84) such that a peripheral portion of the lid (84) extends beyond an outside surface of the skirt (116), forming a ledge around the skirt (see Figure 3).
Regarding claim 16, DeMiglio et al. disclose the apparatus of claim 15, wherein the ledge is configured to be supported on an outer edge of the brewing chamber (36), and the skirt (116) is configured to be arranged within the brewing chamber when the ledge is supported on the outer edge of the brewing chamber (see Figures 3-4).
Regarding claim 17, DeMiglio et al. disclose the apparatus of claim 15, wherein the skirt (116) is configured to engage a sidewall (28) of the brewing chamber such that the skirt is removably coupled to the brewing chamber such that the lid seals an open end of the brewing chamber (see Figure 4 and paragraph [0040]).
Regarding claim 23, DeMiglio et al. disclose the beverage brewer spray apparatus of claim 46, wherein:
the skirt (116) is configured to engage a sidewall of the brewing chamber (36) such that an outside surface of the skirt (116) seals the open end of the brewing chamber (see Figure 4 and paragraph [0040]).
Regarding claim 31, DeMiglio et al. disclose the apparatus of claim 46, wherein an outer surface of the skirt (116) is configured for sliding engagement with the brewing chamber (36) such that the dispersal member is disposed in the interior of the brewing chamber (see Figures 2-4 and paragraph [0040]).
Regarding claim 32, DeMiglio et al. disclose the apparatus of claim 31, wherein the outer surface of the skirt (116) includes scoring to provide a friction fit for sliding engagement (see Figures 3-4 and paragraph [0040]).
Regarding claim 33, DeMiglio et al. disclose the apparatus of claim 31, wherein the outer surface of the skirt (116) further includes an annular raised portion to provide sliding positive engagement with a sidewall of the brewing chamber (see Figures 3-4 and paragraph [0040]).
Regarding claim 50 (AS BEST UNDERSTOOD), DeMiglio et al. disclose the beverage brewer spray apparatus of claim 22, wherein the lid (84) is configured to cover the open end of the brewing chamber (36) of the beverage brewer which, when empty, is configured to receive a brewing material holder in which a beverage is to be brewed (see Figure 4).
Regarding claim 44, DeMiglio et al. disclose a beverage brewer spray apparatus configured to spray sidewalls (28) of an empty integrated brewing chamber (36) of a beverage brewing appliance (see Figure 1), comprising:
cover means (84) for covering an open end (102) of the brewing chamber (36) and for engaging the brewing chamber such that the cover means (84) seals the open end of the brewing chamber (see Figure 4 and paragraph [0040]), and
dispersal means (124) for receiving and dispersing liquid, extending from a surface of the cover means (84) at an open proximal end (88) of the dispersal means (124);
wherein the dispersal means (124) has a sidewall (128,132 or 132) and a closed distal end (see the apex of cone “124” in Figure 3) together defining an interior of the dispersal means (124), wherein the sidewall (132) has a plurality of apertures (136) formed therethrough, wherein the apertures (136) are arranged in a distal section (132) of the sidewall (see Figures 3-4);
wherein the cover means (84) has a cover means through-hole (90), and the dispersal means (124) extends from the surface of the cover means (84) at the through-hole (see Figures 2-3); and
wherein the apertures (136) are configured to direct liquid from the interior of the dispersal means generally outward (see Figure 4 and paragraph [0048]) from the dispersal means (124).
Regarding claim 41, DeMiglio et al. disclose the beverage brewer spray apparatus of claim 44, wherein the apertures are arranged in a distal half (see the apertures “136” in the bottom half of “132” in Figures 3-4) of the dispersal means (124).
Regarding claim 47, DeMiglio et al. disclose the beverage brewer spray apparatus of claim 44, further comprising skirt means (116) for fitting to the brewing chamber, extending from the surface of the cover means (84) at a distance from the dispersal means (see Figures 3-4).
Regarding claim 42, DeMiglio et al. disclose the apparatus of claim 47, wherein the dispersal means (124) extends from the surface of the cover means (84) a distance that is farther than a distance that the skirt means (116) extends from the surface of the cover means (see Figures 3-4).
Regarding claim 43, DeMiglio et al. disclose the beverage brewer spray apparatus of claim 42, wherein the apertures (136) are arranged a distance away from the surface of the cover means (84) that is farther than a distance that a distal end of the skirt means (116) is arranged from the surface of the cover means (see Figure 4).
Regarding claim 45, DeMiglio et al. disclose the beverage brewer spray apparatus of claim 47, wherein:
the skirt means (116) is configured to engage a sidewall (28) of the brewing chamber (36) such that the cover means (84) seals the open end of the brewing chamber (see paragraph [0040]).
Regarding claim 51 (AS BEST UNDERSTOOD), DeMiglio et al. disclose the beverage brewer spray apparatus of claim 44, wherein the cover means (84) is for covering the open end of the brewing chamber (36) of the beverage brewer which, when empty, is configured to receive a brewing material holder in which a beverage is to be brewed (see Figure 4).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over DeMiglio et al. (USPGPUB 2013/0055904) as applied to claims 2-3, 6-13, 15-17, 22-23, 31-33, 41-47, and 50-51 (AS BEST UNDERSTOOD) above.
Regarding claim 4, DeMiglio et al. disclose the beverage brewer spray apparatus of claim 2. However, they do not disclose an apparatus wherein the apertures are substantially square in cross-section. Nevertheless, such a modification would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention because the modification amounts to a design preference for the aperture shape and a change in the shape of a prior art device is a design consideration within the skill of the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Claim(s) 19-21, 30, and 53 (AS BEST UNDERSTOOD) is/are rejected under 35 U.S.C. 103 as being unpatentable over DeMiglio et al. (USPGPUB 2013/0055904) as applied to claims 2-3, 6-13, 15-17, 22-23, 31-33, 41-47, and 50-51 (AS BEST UNDERSTOOD), and further in view of Trombetta et al. (USP 10,336,531).
Regarding claim 19, DeMiglio et al. disclose a beverage brewing appliance and spray apparatus arrangement, comprising:
the beverage brewing appliance (see Figure 1), and
the beverage brewer spray apparatus (20) of claim 46;
wherein the beverage brewing appliance includes an injection tube (I), the integrated brewing chamber (36) configured to receive fluid from the injection tube (see paragraph [0032]),
wherein the skirt (116) is configured to guide the beverage brewer spray apparatus into the open end of the brewing chamber such that the dispersal member is arranged within an interior of the brewing chamber (see Figures 2-4);
wherein the lid through-hole (90) is configured to receive an end of the injection tube (I) such that the dispersal member (124) receives the fluid from the injection tube and disperses the received fluid through the plurality of apertures (see paragraph [0032]); and
wherein the apertures (136) are configured to direct the fluid generally outward from the dispersal member (124) into the brewing chamber (see Figure 4 and paragraph [0048]).
However, they do not disclose an arrangement comprising the beverage brewer includes an outflow tube configured to receive fluid from the brewing chamber; wherein the outflow tube is configured to receive the dispersed fluid from the brewing chamber. Trombetta et al. disclose an arrangement comprising the beverage brewer includes an outflow tube (24a) configured to receive fluid from the brewing chamber; wherein the outflow tube (24a) is configured to receive the dispersed fluid from the brewing chamber (see Figure 1). Therefore, 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 arrangement disclosed by DeMiglio et al. by including an arrangement comprising the beverage brewer includes an outflow tube configured to receive fluid from the brewing chamber; wherein the outflow tube is configured to receive the dispersed fluid from the brewing chamber, as disclosed by Trombetta et al., with a reasonable expectation of success for the purpose of providing a dispensing nozzle for a fluid dispensing system (see column 8 lines 1-31).
Regarding claim 20, DeMiglio et al. disclose the beverage brewing appliance spray apparatus of claim 19, wherein the apertures (136) are configured as to at least one of shape and angle within a thickness of the sidewall of the dispersal member (see Figures 2-3).
Regarding claim 21, DeMiglio et al. disclose the apparatus of claim 19, wherein the skirt (116) is configured to engage a sidewall (28) of the brewing chamber (36) such that the lid (84) seals a periphery of the open end of the brewing chamber (see Figure 4 and paragraph [0040]).
Regarding claim 30, DeMiglio et al. disclose a beverage brewing appliance and spray apparatus arrangement, comprising:
the beverage brewing appliance (see Figure 1), and
the beverage brewer spray apparatus (20) of claim 22;
wherein the beverage brewing appliance includes an injection tube (I), the integrated brewing chamber (36) configured to receive fluid from the injection tube (see paragraph [0032]); and
wherein the lid through-hole (90) is configured to receive an end of the injection tube (I) such that the dispersal member (124) receives the fluid from the injection tube and disperses the received fluid through the plurality of apertures (136) into the brewing chamber (see Figure 4 and paragraph [0048]).
However, they do not disclose an arrangement comprising the beverage brewer includes an outflow tube configured to receive fluid from the brewing chamber. Trombetta et al. disclose an arrangement comprising the beverage brewer includes an outflow tube (24a) configured to receive fluid from the brewing chamber (see Figure 1). Therefore, 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 arrangement disclosed by DeMiglio et al. by including an arrangement comprising the beverage brewer includes an outflow tube configured to receive fluid from the brewing chamber, as disclosed by Trombetta et al., with a reasonable expectation of success for the purpose of providing a dispensing nozzle for a fluid dispensing system (see column 8 lines 1-31).
Regarding claim 53, DeMiglio et al. disclose a beverage brewer and spray apparatus arrangement, comprising:
the beverage brewing appliance (see Figure 1), and
the beverage brewer spray apparatus (20) of claim 44;
wherein the beverage brewing appliance includes an injection tube (I), the integrated brewing chamber (36) configured to receive fluid from the injection tube (see paragraph [0032]);
wherein the cover means (84) includes means for receiving an end of the injection tube (I) such that the dispersal means (124) receives the fluid from the injection tube and disperses the received fluid through the plurality of apertures (136) into the brewing chamber (see paragraph [0032]).
However, they do not disclose an arrangement comprising the beverage brewer includes an outflow tube configured to receive fluid from the brewing chamber. Trombetta et al. disclose an arrangement comprising the beverage brewer includes an outflow tube (24a) configured to receive fluid from the brewing chamber (see Figure 1). Therefore, 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 arrangement disclosed by DeMiglio et al. by including an arrangement comprising the beverage brewer includes an outflow tube configured to receive fluid from the brewing chamber, as disclosed by Trombetta et al., with a reasonable expectation of success for the purpose of providing a dispensing nozzle for a fluid dispensing system (see column 8 lines 1-31).
Claim(s) 48-49 is/are rejected under 35 U.S.C. 103 as being unpatentable over DeMiglio et al. (USPGPUB 2013/0055904) as applied to claims 2-3, 6-13, 15-17, 22-23, 31-33, 41-47, and 50-51 (AS BEST UNDERSTOOD), and further in view of VU (USPGPUB 2019/0000262).
Regarding claim 48, DeMiglio et al. disclose the beverage brewer spray apparatus of claim 22. However, they do not disclose an apparatus wherein the dispersal member is tubular. VU discloses an apparatus wherein the dispersal member (135) is tubular (see Figure 1). Therefore, 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 apparatus disclosed by DeMiglio et al. by including an apparatus wherein the dispersal member is tubular, as disclosed by VU, with a reasonable expectation of success because the modification amounts to a design preference for the dispersal member shape and a change in the shape of a prior art device is a design consideration within the skill of the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Regarding claim 49, DeMiglio et al. disclose the beverage brewer spray apparatus of claim 22. However, they do not disclose an apparatus wherein the closed distal end of the dispersal member is blunt. VU discloses an apparatus wherein the closed distal end of the dispersal member (135) is blunt (see Figure 1). Therefore, 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 apparatus disclosed by DeMiglio et al. by including an apparatus wherein the closed distal end of the dispersal member is blunt, as disclosed by VU, with a reasonable expectation of success because the modification amounts to a design preference for the dispersal member shape and a change in the shape of a prior art device is a design consideration within the skill of the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL COLLINS whose telephone number is (571)272-8970. The examiner can normally be reached Monday-Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacob Scott can be reached at (571) 270-3415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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M.K.C.
10/31/2025
/MICHAEL COLLINS/Primary Examiner, Art Unit 3655