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 .
Status of the Claims
Claim 1 is amended. Claims 2 and 4-5 cancelled. Claims 3 and 6-20 are previously presented. Claims 21-22 are newly added. Therefore, claims 1, 3, and 6-22 are currently pending and have been considered below.
Response to Amendment
The amendment filed on December 23, 2025 has been entered.
Response to Arguments
Applicant's arguments filed 7-13 have been fully considered but they are not all persuasive.
Applicant’s argument regarding the objection to the specification is persuasive. Therefore the objection to the specification has been withdrawn.
Applicant argues that the Nabeiro reference includes a capsule 7 that includes beverage precursor edible substance and it does not necessarily store beverage fluid.
The examiner agrees with this interpretation and the first part of the amendment to claim 1 regarding the storage of fluid used in beverage preparation would overcome the Nabeiro reference. However, this beverage storage feature is disclosed in the secondary reference of Andronis in being liquid used to prepare a beverage.
Applicant then argues that for the newly added limitations of claim 1, where the first and second recipient placement dispositions are both on atop surface of the beverage distribution apparatus at substantially an equal level, that the Andronis reference does not disclose this feature.
It is the Examiner’s position that this argument is not persuasive because of the following.
Applicant cites Andronis in disclosing a recess in the worktop 101 for insertion of a water tank, which would mean that the water tank is not connected on the top surface of the worktop 101 and instead would be connected at a lower height due to the recess. Andronis states that the recess in the worktop 101 is one embodiment shown in Fig. 7 that can be used for a water tank, Page 10, Para. 3 from end, “a water tank 103 be provided, which can be inserted into a corresponding recess and removed for filling again.”.
However, Andronis also states that there are other embodiments, such as for Fig. 8, where the water bottle is connected to the system on the top of the worktop 101, Page 10, Para. 2 from end, “The 8th further shows one to 7 alternative embodiment, in which instead of a water tank 103 a conventional water bottle 104 is provided as a water reservoir…The attachment of the water bottle takes place here on the top of the worktop 101”. As a result, for Fig. 8, the water reservoir or water bottle would be connected to the top of the worktop and therefore be of an equal height to the other recipient placement disposition for the drinking cup 19 from the teaching from the Kang reference.
Applicant argues that one of ordinary skill in the art would not be motivated to modify Nabeiro with Andronis as Nabeiro’s capsule 7 uses flow pressurization in order to produce discharge from the capsule.
It is the Examiner’s position that this argument is not persuasive as Nabeiro includes configurations of the first and second recipient placement dispositions are located side by side and are similar in height, as shown in Nabeiro Fig. 2 and 3, where Fig. 2 shows that a flow pressurization device can be set sideways from the capsule. As a result, revealing the capsule as taught by Andronis through placing the capsule on the top of the worktop could still use the flow system of Nabeiro through a sideways connection as shown in Nabeiro’s Fig. 2 configuration.
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.
Claims 1, 3, 6-9, 11-12 and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Nabeiro (WO 2017200409 A1) in view of Andronis (DE 102008050532 A1) and Kang et al. (CN 103950879 A, hereinafter Kang).
Regarding claim 1, Nabeiro discloses a system for preparing beverages (Abstract, “…a system (1) for preparing beverages…”) including:
at least one type of drinking recipient (Abstract, “…at least one type of beverage container (4), for example a goblet, cup or the like…”);
at least one type of beverage fluid recipient for at least one of: to be used in beverage preparation (Abstract, “…system (1) has at least one inlet opening (8) designed for introducing portions (7) of edible substance and arranged next to the beverage discharge arrangement (3) …”), and storage of beverage (Page 4, Para. 3 from end, “…portion of beverage precursor edible substance contained within a capsule (7).”, where the capsule 7 contains and stores parts of the beverage material);
a beverage distribution apparatus that comprises: at least a first recipient placement disposition adapted to provide operative placement of said drinking recipients (Page 5, Para. 6, “…the beverage discharge arrangement (3) advantageously has a plurality of discharge elements (31), so that two beverage containers (4) may be supplied with beverage in simultaneous.”), and
comprising a beverage discharge provided so that said beverage can be discharged to said drinking recipient along a direction opposite to the direction of the gravity force (Page 6, Para. 3 from end, “There is thus provided a simple and economical solution for adapting different types of beverage container (4) with the possibility of discharging beverage through the respective base zone (41) in a direction opposite to the gravity force.”; Page 10, Para. 5 from end, “…driving said beverage outlet (BD) flow into a beverage outlet arrangement (3) comprising a discharge element (31) provided such that the beverage outlet flow (BD) flows in a direction generally opposite to that of the beverage outlet. of the force of gravity…”),
at least a second recipient placement disposition adapted to provide operative placement of said beverage fluid recipients (Page 4, Para. 3 from end, “…an extraction device (2), in this case provided within the apparatus box (6) of said apparatus (5), wherein said extraction device (2) is provided so that it can collect a portion of beverage precursor edible substance contained within a capsule (7)…one introduction opening (8) adapted to be closable and open for supplying said capsule (7), and in connection with said extraction device (2).”, where the extraction device is operatively connected to the beverage fluid recipient and allows it to be held in place), said second recipient placement disposition being provided in fluid connection upstream of said first recipient placement disposition (Fig. 3, where the fluid flow lines are provided, where the capsule 7 in the extraction area 2 is shown to be upstream of the first recipient placement disposition/ discharge arrangement 3),
an apparatus envelope (Page 5, Para. 3, “…beverage preparation apparatus (5), said common outer surface preferably corresponding to a single outer surface in a common plane provided by the top or the front of the apparatus housing (6) of said beverage preparation apparatus (5).”, where there is a housing that contains the preparation apparatus, where the preparation apparatus 5 is construed as the apparatus envelope).
Nabeiro does not disclose:
the beverage fluid recipient used for storage of a fluid to be used in the beverage preparation;
wherein the first recipient placement disposition and the second recipient placement disposition are both provided on a top surface of the beverage distribution apparatus at a substantially equal level such that the fluid discharge from said beverage fluid recipient is provided at a level substantially equal to the level of beverage discharge into said drinking recipient in a height direction.
However, Andronis discloses, in the similar field of systems for preparing beverages (Page 1, Para. 2, “The invention relates to a device for hot water and / or Steam generation and / or for the preparation of liquid food, especially coffee, tea or the like…”), where a beverage fluid recipient is used for storage of a fluid to be used in beverage preparation (Page 5, Para. 6 from end, “Which has a heating and pumping device, by means of a predetermined amount of water from the water tank 6 can be removed and heated. This heated to a predetermined temperature, in particular to a temperature between 90 and 94 ° C water is then in the range designed as a extraction head recording tapping point 9 a tapping device 7 via a connection pipe provided there 10 with a predetermined pressure of over 9 bar, preferably at a pressure of 19 bar an extraction head 11 fed”),
where a first recipient placement disposition and a second recipient placement disposition are both provided on the top surface of the beverage distribution apparatus at a substantially equal level (Page 10, Para. 4, “In such a budgetary solution is the tap 100 preferably integrated into a countertop or the like, and the coffee machine as such in a correspondingly designed receiving compartment 102 added.”, and Page 10, Para. 2 from end, “The 8th further shows one to 7 alternative embodiment, in which instead of a water tank 103 a conventional water bottle 104 is provided as a water reservoir…The attachment of the water bottle takes place here on the top of the worktop 101”, where Fig. 8 shows that the water bottom 104 is attached to a recipient placement disposition located at the top surface of the worktop),
where there is a beverage fluid recipient and a beverage discharge into the drinking recipient (Page 10, Para. 2 from end, “The 8th further shows one to 7 alternative embodiment, in which instead of a water tank 103 a conventional water bottle 104 is provided as a water reservoir…”, and Page 10, last Para., “The coffee mug 19…”), where the drinking recipient also receives fluid against the direction of gravity (Page 10, last Para., “The coffee mug 19 is in all these embodiments substantially identical to that previously in connection with the 1 to 3 described coffee mug, so that with respect to its design, as well as with respect to the design of the tap 101…”, where the flow is against gravity, Page 7, Para 3 from end, “After the inflow process, the coffee mug 19 ie the assembly from drinking vessel 18 and extraction head 11 , by quickly and easily releasing the bayonet lock 54 from the tap 9 be removed.”), where they are provided on a similar horizontal plane level (Page 10, Para. 3 from end, “In connection with such budgetary solutions, more variants are also conceivable, as in the 7 to 9 is shown only schematically. So z. B. according to the in the 7 illustrated embodiment as a water reservoir a water tank 103 be provided, which can be inserted into a corresponding recess and removed for filling again. When inserted, the water tank is 103 essentially flush with the worktop 101…”). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the capsule and drinking container, which are the first and second recipient containers, and their respective placement dispositions in Nabeiro to include having the base level of the placement dispositions being on the same horizontal plane. Andronis’s water tank is construed as being similar to the capsule in Nabeiro as they both container fluid used in beverage preparation.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of easier access to the water tank, as stated by Andronis, Page 10, Para. 2 from end, “The 8th further shows one to 7 alternative embodiment, in which instead of a water tank 103 a conventional water bottle 104 is provided as a water reservoir, which can be connected via a separately aufzusetzenden not shown here connecting piece to the water supply system of the coffee machine. The attachment of the water bottle takes place here on the top of the worktop 101, preferably at a connection device formed immediately after the tapping point.”, where other embodiments are also stated to save manufacturing costs, Andronis, Page 10, Para. 3 from end, “In connection with such budgetary solutions, more variants are also conceivable, as in the 7 to 9 is shown only schematically.”.
It is the Examiner’s position that Andronis could be construed to meet the approximately similar in a height direction limitation as even with the coffee receptacle being located above the fluid discharge, the difference in height might be considered as “approximately similar”. Additional prior art presented below shows that a fluid discharge and drinking recipient heights can be controlled.
Further, Kang discloses, in the similar field of systems for preparing beverages (Abstract, “a bottom pouring cup and filling method”), where there is a fluid discharge from the beverage fluid recipient (Para. 0042, “a filling station 4-1 below the filling pipes 4 to 2 connected with the numerical control flow meter 8 and digital control electromagnetic valve 9 is connected”), where there is a beverage discharge into the drinking recipient against the direction of gravity (Para. 0044, “Step 1: applying external force to protrusion of the injection body 4 raised to the lower sealing member 3 central circular hole, and protrudes upwards a short tube (5) of the T-shaped transverse side, filling 4-2 and short tube 5 of the T-shaped transverse side are connected together”), where the beverage discharge into the drinking recipient is located at the top surface of the injection body without any additional filters (Para. 0045, “step 2: the liquid to be filled by the filling tube 5T through short 4-2-shaped vertical edge of the small hole 5, the upper sealing member 2 between the cup bottom of the gap into the cup body”, where the filling station 4-1 includes the short tube 5 located at the top surface of the filling station, where that short tube engages with the drinking recipient 1 in order to fill the drinking recipient with a beverage). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the capsule and drinking container, which are the first and second recipient containers, and their respective placement dispositions in modified Nabeiro to include having the level of the beverage discharge into the drinking recipient be at the top surface as taught by Kang; where Andronis teaches that the water tank can be engaged to provide fluid discharge also at the top surface, where this would mean that the first and second recipient containers have fluid discharge at a substantially equal level.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of preventing additional foaming in the beverage and for a stable filling experience, where a user could use the drinking recipient from Kang if the beverage did not need filtering in the headboard, such as with the coffee from Andronis, as stated by Kang, Para. 0009, “the invention fundamentally solves the problem that the traditional cup-packed beverage filling device, the bottom of the invention a filling cup, beverage filling from below, there is no impact on the liquid and the liquid. so as to solve the problem of foaming fundamentally; secondly, the filling efficiency is stable, accurate location, which completely avoids the problem, in addition, filling way is novel and special, convenient to the user operation and generating consumption experience quick and novel, the filling efficiency is high.”.
Regarding claim 3, modified Nabeiro teaches the apparatus according to claim 1, as set forth above, discloses wherein said second recipient placement disposition is provided so that supplies a fluid flow along at least one of: - a direction similar to the direction of the gravity force (Nabeiro, Fig. 3, where the fluid flow lines show that the second recipient placement disposition or the extraction area 2 with the capsule 7 directs fluid downwards with the direction of gravity),
- a direction opposite to the direction of the gravity force (Nabeiro, Fig. 3, where the fluid flow lines show that the beverage dispensing section 3 directs fluid against the flow of gravity), and
in that said second recipient placement disposition comprises a fluid discharge provided in the base region thereof and so that provides fluid connection with the base region of said beverage fluid recipient (Teaching from Andronis, Page 10, Para. 3 from end, “In connection with such budgetary solutions, more variants are also conceivable, as in the 7 to 9 is shown only schematically. So z. B. according to the in the 7 illustrated embodiment as a water reservoir a water tank 103 be provided, which can be inserted into a corresponding recess and removed for filling again. When inserted, the water tank is 103 essentially flush with the worktop 101…”, where the water tank is connected to a recess located at the base of the tank that is the fluid connection).
Regarding claim 6, modified Nabeiro teaches the apparatus according to claim 1, as set forth above, discloses wherein said first recipient placement disposition is adapted to provide removable retention of said drinking recipient in operative manner with relation to said beverage discharge (Nabeiro, Claim 1, “…an extraction device (2) adapted so that it can collect a portion (7) of edible substance, optionally provided within a capsule, and such that it can provide a beverage discharge flow (BD) of the resulting beverage…”, and removability is shown by allowing the capsule to be inserted and taken out of the machine, Page 4, Para. 3 from end, “…one introduction opening (8) adapted to be closable and open for supplying said capsule (7), and in connection with said extraction device (2).”), and
in that said second recipient placement disposition is adapted to provide removable retention of said beverage fluid recipient on the beverage distribution apparatus (Nabeiro, Page 7, Para. 2, “…discharge device (31) has a cross section with a plurality of gear elements (33) provided in this case as projections designed so that they can be engaging through a snap-fit connection into corresponding locking elements (47) provided in a cavity portion of said base zone (41) of the beverage container (4).”),
by means of engagement of the mechanical type of a portion of the base region thereof and so that a fluid passageway is aligned with said fluid discharge (Nabeiro, Page 7, Para. 3, “…discharge arrangement (3) has a beverage discharge element (31) including at least one generally upwardly directed flow outlet, a collecting portion (32) adapted to retract the base of the beverage container (4) …”, and Figure 6, where the gear element 33 is shown to engage with the drinking recipient and hold it in place for alignment of fluid flow from 44 upwards).
Regarding claim 7, modified Nabeiro teaches the apparatus according to claim 1, as set forth above.
Modified Nabeiro does not disclose:
wherein said beverage fluid recipient provides a collection volume corresponding to one of: - at least two times bigger, than the liquid collection volume provided by said drinking recipient; smaller than two times, or similar to, the liquid collection volume provided by said drinking recipient.
However, Andronis discloses where the beverage fluid recipient includes a collection volume that can appear to be larger or similar to the drinking recipient (Page 10, Para. 2-3 from end, “So z. B. according to the in the 7 illustrated embodiment as a water reservoir a water tank 103 be provided, which can be inserted into a corresponding recess and removed for filling again. When inserted, the water tank is 103 essentially flush with the worktop 101, Otherwise corresponds to the structure and operation of this example designed as a coffee machine device dem- or those, as previously described in connection with the 1 to 3 (Vehicle solution) has been explained. The 8th further shows one to 7 alternative embodiment, in which instead of a water tank 103 a conventional water bottle 104 is provided as a water reservoir…”, where the water tank appears to be larger than the drinking recipient 19 and the water bottle appears to be the same size as the drinking recipient 19). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the beverage fluid recipient in modified Nabeiro to be of a different or similar size compared to the drinking recipient as taught by Andronis.
Regarding changing size between the beverage fluid recipient and the drinking recipient, it is the Examiner's position that one of ordinary skill in the art would have found it obvious to try as Nabeiro shows that a smaller capsule/ beverage fluid recipient compared to the drinking recipient while Andronis shows that a similar sized or larger capsule/water tank is possible. Since both Nabeiro and Andronis’s capsule/water tanks serve to collect precursor fluid for use in producing a beverage for the drinking recipient, the size difference would be a mere matter of user design choice.
It has also been held that the mere change in size is an obvious modification to make. In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). As Nabeiro and Andronis’s capsule/water tank show, there can be different sized beverage fluid recipients that still serve their purpose of supplying liquid to the drinking recipient.
Regarding claim 8, modified Nabeiro teaches the apparatus according to claim 1, as set forth above, discloses wherein said first and second recipient placement dispositions are both adapted to provide a removable retention of the drinking recipient and beverage fluid recipient, respectively (Nabeiro, Claim 1, “…an extraction device (2) adapted so that it can collect a portion (7) of edible substance, optionally provided within a capsule, and such that it can provide a beverage discharge flow (BD) of the resulting beverage…”, and removability is shown by allowing the capsule to be inserted and taken out of the machine, Page 4, Para. 3 from end, “…one introduction opening (8) adapted to be closable and open for supplying said capsule (7), and in connection with said extraction device (2).”; and Page 7, Para. 3, “…discharge arrangement (3) has a beverage discharge element (31) including at least one generally upwardly directed flow outlet, a collecting portion (32) adapted to retract the base of the beverage container (4)…”, and teaching from Andronis, Page 7, Para 3 from end, “After the inflow process, the coffee mug 19 ie the assembly from drinking vessel 18 and extraction head 11 , by quickly and easily releasing the bayonet lock 54 from the tap 9 be removed.”, where Fig. 7 shows that the drinking recipient can be removed).
Regarding claim 9, modified Nabeiro teaches the apparatus according to claim 1, as set forth above, discloses wherein said beverage distribution apparatus comprises a second recipient placement disposition provided in flow connection upstream (Nabeiro, Fig. 3, where there can be multiple first recipient placement dispositions shown with beverage dispensing area 3 with 4 and 4’, where the second recipient placement disposition is the extraction area 2 with the capsule 7, which is located upstream of the beverage dispensing area 3) of a plurality of first recipient placement dispositions (Nabeiro, Page 6, Para. 2, “The beverage preparation system (1) according to the invention may further include a plurality of types of beverage containers (4, 4 ') having different dimensions, in particular different dimensions of the respective base zones (41), but adapted to them. to engage a same type of discharge arrangement (3) …”).
Regarding claim 11, modified Nabeiro teaches the apparatus according to claim 1, as set forth above, discloses wherein said apparatus envelope, comprises at least one of: - a top region extending in continuous manner along a single plane and with an area bigger than the total area of the lateral regions of said apparatus envelope (Nabeiro, Fig. 1, where the top surface near 6 is shown to be a top region that extends in a continuous manner along the horizontal plane);
- said apparatus envelope comprises a top region and a base region with a similar shape when seen in top view, including in a shape of square, rectangle, circle, whereby the dimension of at least one of said top and base regions is smaller than the other dimension (Nabeiro, Fig. 1, where the top and bottom regions are shown be rectangular in shape, where the dimension of one side would be smaller than the other dimension as that is what defines a rectangle).
Regarding specific dimensional features, it is the Examiner’s position that this would be a mere matter of a change in size/proportion which has been held to be obvious. In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). Since Nabeiro shows that multiple configurations are possible with different dimensions in Figures 1 and 3, it is the Examiner’s position that the beverage machine would still be able to function with changes in the size/proportion and that specific dimensional features would be a mere matter of user design choice.
Regarding claim 12, modified Nabeiro teaches the apparatus according to claim 1, as set forth above, discloses wherein, said fluid circulation device being adapted to provide a flow pressure of at most 4 bar (Nabeiro, Claim 1, “…a flow pressurization device (9), for example a pump, adapted to provide a fluid flow (FS) under a pressure of 1 to 20 bar…”), said fluid circulation device being provided upstream and in fluid connection with said first recipient placement disposition (Nabeiro, Figure 1, where the flow pressurization device 9, which can be a pump, is located upstream and fluidly connected to the first recipient placement disposition 3).
Modified Nabeiro does not disclose:
said apparatus comprises a fluid circulation device, downstream from the flow discharge of said second recipient placement disposition.
However, Andronis discloses where the fluid circulation device is located downstream from the flow discharge of the second recipient placement disposition (Page 9, Para. 2, “…the pump 65 and also possibly a little time-delayed again via the control line 90 the thermoblock 74 at. By means of the pump 65 will then water from the water tank 6 and the supply line 61 and further via the separator / switch element supply line 70…”, where the second placement disposition is construed to be the water tank). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the pump in modified Nabeiro to be located downstream of the second recipient placement disposition as taught by Andronis.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of allowing for a predetermined amount of liquid to be extracted from the second recipient, as stated by Andronis, Page 2, Para. 1, “This water piping system is part of a water supply device having a heating and pumping device by means of a predetermined amount of water can be withdrawn from the water bottle and heated.”.
Regarding claim 14, modified Nabeiro teaches the apparatus according to claim 1, as set forth above, discloses wherein said system includes portions of edible substance adapted to be introduced in said beverage fluid recipient (Nabeiro, Page 3, Para. 3 from end, “…extraction device (2) is provided so that it can collect a portion of beverage precursor edible substance contained within a capsule (7).”).
Regarding claim 15, modified Nabeiro teaches the apparatus according to claim 1, as set forth above, discloses wherein said apparatus envelope comprises a height that is at most 50%, of a second characteristic dimension thereof (Nabeiro, Figures 1 and 3 show how different dimensions of the device are possible; Teaching from Andronis, Figures 7 and 8 also show how different dimensions of the device are possible).
Regarding specific dimensional features, it is the Examiner’s position that this would be a mere matter of a change in size/proportion which has been held to be obvious. In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). Since Nabeiro shows that multiple configurations are possible with different dimensions in Figures 1 and 3, it is the Examiner’s position that the beverage machine would still be able to function with changes in the size/proportion and that specific dimensional features would be a mere matter of user design choice.
Regarding claim 16, modified Nabeiro teaches the apparatus according to claim 1, as set forth above, discloses wherein said apparatus envelope comprises a height that is similar to at least one second characteristic dimension thereof (Nabeiro, Figures 1 and 3 show how different dimensions of the device are possible; Teaching from Andronis, Figures 7 and 8 also show how different dimensions of the device are possible).
Regarding specific dimensional features, it is the Examiner’s position that this would be a mere matter of a change in size/proportion which has been held to be obvious. In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). Since Nabeiro shows that multiple configurations are possible with different dimensions in Figures 1 and 3, it is the Examiner’s position that the beverage machine would still be able to function with changes in the size/proportion and that specific dimensional features would be a mere matter of user design choice.
Regarding claim 17, modified Nabeiro teaches the apparatus according to claim 1, as set forth above, discloses wherein respective base portions of said first and second recipient placement dispositions are provided on substantially a same horizontal plane (Teaching from Andronis, Page 10, Para. 3 from end, “In connection with such budgetary solutions, more variants are also conceivable, as in the 7 to 9 is shown only schematically. So z. B. according to the in the 7 illustrated embodiment as a water reservoir a water tank 103 be provided, which can be inserted into a corresponding recess and removed for filling again. When inserted, the water tank is 103 essentially flush with the worktop 101…”, where the first and second recipient placement dispositions are on the same horizontal plane; Teaching from Kang, Para. 0045, “step 2: the liquid to be filled by the filling tube 5T through short 4-2-shaped vertical edge of the small hole 5, the upper sealing member 2 between the cup bottom of the gap into the cup body”, where the filling station 4-1 includes the short tube 5 located at the top surface of the filling station, where that short tube engages with the drinking recipient 1 in order to fill the drinking recipient with a beverage, where teaching from Andronis discloses that the water tank can also have fluid discharge at the top surface).
Regarding claim 18, modified Nabeiro teaches the apparatus according to claim 1, as set forth above, discloses wherein the beverage discharged into said drinking recipient from said first recipient placement is a final beverage for consumption (Teaching from Kang, Para. 0009, “the invention fundamentally solves the problem that the traditional cup-packed beverage filling device, the bottom of the invention a filling cup, beverage filling from below, there is no impact on the liquid and the liquid. so as to solve the problem of foaming fundamentally; secondly, the filling efficiency is stable, accurate location, which completely avoids the problem, in addition, filling way is novel and special, convenient to the user operation and generating consumption experience quick and novel, the filling efficiency is high.”, where consumption occurs for the beverage within the drinking recipient, meaning that it is the final beverage for consumption).
Regarding claim 19, modified Nabeiro teaches the apparatus according to claim 1, as set forth above, discloses wherein the beverage discharged into said drinking recipient from said first recipient placement is a final beverage produced after the fluid interacts with an edible substance (Nabeiro, Page 3, Para. 3 from end, “…extraction device (2) is provided so that it can collect a portion of beverage precursor edible substance contained within a capsule (7).”).
Regarding claim 20, modified Nabeiro teaches the apparatus according to claim 1, as set forth above, discloses wherein the fluid discharge from said beverage fluid recipient is provided at the level substantially equal to the level of beverage discharge into said drinking recipient in the height direction during the discharge of the fluid from said beverage fluid recipient (Teaching from Kang, Para. 0045, “step 2: the liquid to be filled by the filling tube 5T through short 4-2-shaped vertical edge of the small hole 5, the upper sealing member 2 between the cup bottom of the gap into the cup body”, where the filling station 4-1 includes the short tube 5 located at the top surface of the filling station, where that short tube engages with the drinking recipient 1 in order to fill the drinking recipient with a beverage; teaching from Andronis, Page 10, Para. 3 from end, “In connection with such budgetary solutions, more variants are also conceivable, as in the 7 to 9 is shown only schematically. So z. B. according to the in the 7 illustrated embodiment as a water reservoir a water tank 103 be provided, which can be inserted into a corresponding recess and removed for filling again. When inserted, the water tank is 103 essentially flush with the worktop 101”, where the top surface is the location of fluid discharge from the beverage fluid recipient and the beverage discharge into the drinking recipient; where the since both discharges at the top surface in modified Nabeiro, they would also be at the same height).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Nabeiro (WO 2017200409 A1) in view of Andronis (DE 102008050532 A1) and Kang et al. (CN 103950879 A, hereinafter Kang) in further view of Suggi et al. (CN 107920680 A, hereinafter Suggi).
Regarding claim 10, modified Nabeiro teaches the apparatus according to claim 1, as set forth above.
Modified Nabeiro does not disclose:
wherein said beverage distribution apparatus comprises a plurality of second recipient placement dispositions provided in flow connection upstream of at least a first recipient placement disposition.
However, Suggi discloses, in the similar field of beverage production from a capsule (Abstract, “A modular machine for preparing a beverage from a capsule…”), where multiple capsules that are upstream a drinking recipient can be used within a machine (Abstract, “…multiple module (12) for automatically preparing a beverage from the capsule, every module (12) relative to each of the other module (12) in the power and hydraulic aspects are independent.”, and Page 4, Para. 4 from end, “According to some embodiments, each of the modules comprise a capsule feeding box, discharging box for receiving the used capsule of a capsule and a beverage conveying unit.”). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the second recipient placement dispositions in modified Nabeiro to include multiple second recipient dispositions within modules that dispense to individual drinking recipients as taught by Suggi.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of creating a modular coffee machine design, which can save on maintenance, installation, and repair costs, as stated by Suggi, Page 4, Para. 1, “Another object of the present invention is to obtain a method for modular machine for preparing a beverage from a capsule, easy expansion, easy to manage, and in maintenance, installation and/or repair that allows interference, it is easy and fast to reduce the machine stopping time.”.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Nabeiro (WO 2017200409 A1) in view of Andronis (DE 102008050532 A1) and Kang et al. (CN 103950879 A, hereinafter Kang) in further view of Ling (CN 207898374 U).
Regarding claim 13, modified Nabeiro teaches the apparatus according to claim 1, as set forth above, discloses wherein said beverage distribution apparatus comprises a heating device associated with said second recipient placement disposition (Nabeiro, Page 4, Para. 2 from end, “…apparatus (5) may include a fluid reservoir (not shown) as well as a flow pressurization device (9) and a fluid heating device (not shown) so that it can provide a flow.”), and said heating device being adapted to heat up the volume of fluid of said beverage fluid recipient up to a fluid temperature of at least 40°C and at most 1000C (Nabeiro, Page 4, last Para., “(FS) at a temperature between 60 and 100 ° C and under pressure of 1 to 20 bar in order to interact with said edible substance.”).
Modified Nabeiro does not disclose:
the heating device configured as contact surface with the base region of said beverage fluid recipient.
However, Ling discloses, in the similar field of coffee machines (Abstract, “…coffee machine, especially an electric heating coffee machine, comprising a water pump assembly, a water tank subassembly…”), where there is a heating device that contacts the bottom surface of a beverage fluid recipient (Page 5, Para. 4 from end, “…stainless steel liner arranged in the water tank shell, the bottom of the stainless steel liner is set with heating plate 24, specifically, the inner wall of the water tank shell is provided with step 25, the heating disc placed on the stage. the bottom of the heating disc is mounted with a temperature controller 26.”, where the water tank is construed as the beverage fluid recipient, which has a heating disc located on the bottom of the water tank). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the beverage fluid recipient in modified Nabeiro to include a heating disc located on the bottom as taught by Ling.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of being able to allow for a water tank with a heat preservation function, where the heating disc can be controlled through temperature detection, as stated by Ling, Page 3, Para. 4-6 from end, “…product has the function of heating and detecting temperature… pump normally used; when it is not used to close the water pump pressure rod, a gas inlet hose to close due to bending, so that the water tank has heat preservation function.”.
Claims 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Nabeiro (WO 2017200409 A1) in view of Andronis (DE 102008050532 A1) and Kang et al. (CN 103950879 A, hereinafter Kang) in further view of O’Brien et al. (US 20080302252 A1, hereinafter O’Brien).
Regarding claim 21, modified Nabeiro teaches the apparatus according to claim 1, as set forth above.
Modified Nabeiro does not disclose:
wherein the beverage distribution apparatus further comprises an infusion space in flow connection downstream of the beverage fluid recipient and upstream of the drinking recipient, the infusion space being configured to hold portions of edible substance.
However, Andronis discloses where an infusion space downstream the beverage fluid recipient and upstream the drinking recipient is present and where that infusion space holds portions of edible substance (Page 2, Para. 2, “This is done by the water bottle by means of the heating and pumping device heated water from the water bottle heated and then the heated water into the extraction head receptacle and there Coffee serving pod pumped where it extracts the coffee powder and then as a hot coffee in the cup flows.”, where the extraction head is fluidly connected between the drinking recipient or drinking cup 19 and beverage fluid recipient or the water tank/water bottle 104). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the beverage apparatus of modified Nabeiro to include the features as taught by Andronis.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of being able to produce different types of beverages, as stated by Andronis, Page 1, Para. 2, “device for hot water and / or Steam generation and / or for the preparation of liquid food, especially coffee, tea or the like”, and where the extraction head allows for detachability from the drinking recipient so that it can be reused, Page 7, Para. 2 from end, “After the drinking pleasure then the extraction head 11 from the drinking vessel 18 unscrewed and the extracted coffee serving capsule 5 be removed.”.
Further, O’Brien discloses, in the similar field of beverage apparatuses (Abstract, “A portable brewing device”), where a infusion space can be located between a beverage fluid recipient and drinking recipient, where the infusion space can be within the apparatus (Para. 0067, “a water vessel (230) for holding the hot water and a grounds vessel (232) for holding ground coffee or prepared coffee pods contained within the primary operating vessel (218)”, and Para. 0074, “This pre-infusion will typically last just a few seconds until the user is ready to make the espresso (238).”, where 238 is an dispensing nozzle that would lead to a drinking recipient, where the grounds vessel 232 is located between the water vessel 230 and the drinking recipient nozzle 238). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the infusion/extraction head in modified Nabeiro to be separated and placed within the worktop as taught by O’Brien.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of being able to use the interior of the compartment to allow for seals to be created to allow for a pressure differential to form, as stated by O’Brien, Para. 0078, “The independent seals ensure there will be no transfer of air or water between the water and coffee containers except through water transfer pipe. The seals also permit the water vessel and grounds vessel to build and maintain the operating pressure of the device when the compressed gas is allowed into the top of the water vessel.”.
It has also been held that mere rearrangement of parts is an obvious modification to make. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). Although there is a different rearrangement of the coffee ground container location, both Andronis and O’Brien are able to produce coffee in a drinking recipient as an end result. It is the Examiner’s position that rearrangement of an infusion space containing material like coffee grounds would then be a mere matter of user design choice.
Regarding claim 22, modified Nabeiro teaches the apparatus according to claim 21, as set forth above, discloses wherein the beverage fluid recipient supplies the fluid that flows through the infusion space to produce the beverage (Teaching from Andronis, Page 2, Para. 2, “This is done by the water bottle by means of the heating and pumping device heated water from the water bottle heated and then the heated water into the extraction head receptacle and there Coffee serving pod pumped where it extracts the coffee powder and then as a hot coffee in the cup flows.”, where the water from the beverage fluid recipient or water tank/bottle is used within the extraction head).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/KEVIN GUANHUA WEN/Examiner, Art Unit 3761
03/05/2026
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761