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 .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 2, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Noordhuis (US9687109) in view of Schmed (US5842407).
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Fig. 5A of Noordhuis
Regarding claim 1, Noordhuis teaches a mixing apparatus (4) for creating frothed milk, the mixing apparatus (Col. 7 lines 10-45 Fig. 5A) comprising:
a first container (15) for containing milk (Col. 1 lines 20-25 milk; Col. 4 lines 10-20 liquid source being a container)
mixing chamber (62A, 62B) for mixing the milk, steam, and air (Col. 10 lines 40-50 liquid, steam and frothing gas takes place in the frothing chamber 62);
an external steam entry port (Col. 11 lines 5-10 steam generator not shown in Fig. 5A, external port is the steam generator, which generates steam 13);
a steam inlet channel (31) which leads from the external steam entry port (steam generator) to the mixing chamber (62A, 62B);
a milk passage (14A, 14B) which leads from the first container (15A,15B) to the mixing chamber (62A, 62B);
Noordhuis is silent on a steam separator for separating moisture from the, the steam separator positioned within the mixing apparatus in series along the steam inlet channel, wherein the steam separator comprises a reservoir for collecting moisture wherein the steam separator comprises an in-line fluid passageway comprising a tortuous path for the steam, with at least one blocking element for blocking a direct path and for directing the moisture to the reservoir.
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Fig. 2 of Schmed
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Figs. 3-4 of Schmed
Schmed teaches a steam separator (3) for separating moisture from the steam (Col. 4 lines 25-35 separator member 3 where the steam is separated from the water), the steam separator (3) positioned within the mixing apparatus (Fig. 2) in series along the steam inlet channel (31),
wherein the steam separator (3) comprises a reservoir for collecting moisture (Col. 4 lines 25-35 water separated from the steam in the separator member 3 drops, obeying the laws of gravity, downwards through a sieve member 38 into the water storage container 4),
wherein the steam separator (3) comprises an in-line fluid passageway comprising a tortuous path for the steam (Figs. 3-4 Col. 5 lines 30-40 baffle members 37 are provided which are adapted to separate the steam from the water-steam mixture), with at least one blocking element (37) for blocking a direct path and for directing the moisture to the reservoir (4).
It would have been obvious to have modified Noordhuis to incorporate the teachings of Schmed to have the steam separator with an inline fluid passageway having a tortuous path including a blocking element in order to separate steam from the water steam mixture and to produce dry steam required for preparing beverages (Schmed Col. 11 lines 35-50).
Regarding claim 2, Noordhuis and Schmed teach the mixing apparatus as claimed in claim 1, and Noordhuis teaches further comprising an air passage (Col. 11 lines 60-65 free space between first mixing unit 61A and first frothing chamber 62A and free space between first mixing unit 61B and first frothing chamber 62B) which leads to the mixing chamber (62A, 62B).
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Fig. 3 of Noordhuis
Regarding claim 13, Noordhuis teaches a coffee maker (50), the coffee maker comprising (Fig. 3 an embodiment of a coffee machine comprising a device for frothing a liquid; where Fig. 5A is the embodiment of the device for frothing a liquid) :
a liquid coffee extraction apparatus (51);
a mixing apparatus (4) for creating frothed milk (Col. 1 lines 20-25 milk; Col. 11 lines 10-14 device for frothing a liquid), the mixing apparatus comprising:
a first container (15) for containing milk (Col. 1 lines 20-25 milk; Col. 4 lines 10-20 liquid source being a container)
a mixing chamber (62A, 62B) for mixing the milk, steam, and air (Col. 10 lines 40-50 liquid, steam and frothing gas takes place in the frothing chamber 62);
an external steam entry port (Col. 11 lines 5-10 steam generator not shown in Fig. 5A, external port is the steam generator, which generates steam 13);
a steam inlet channel (31) which leads from the external steam entry port (steam generator) to the mixing chamber (62A, 62B);
a milk passage (14A, 14B) which leads from the first container (15A,15B) to the mixing chamber (62A, 62B);
a dispenser (53, 54) adapted to dispense liquid coffee (57a, 57b) from the liquid coffee extraction apparatus (51); and the frothed milk (20A, 20B) from the mixing apparatus (54, Col. 7 lines 20-25 comprising the device for frothing liquid 4).
Noordhuis is silent on a steam separator for separating moisture from the, the steam separator positioned within the mixing apparatus in series along the steam inlet channel, wherein the steam separator comprises a reservoir for collecting moisture wherein the steam separator comprises an in-line fluid passageway comprising a tortuous path for the steam, with at least one blocking element for blocking a direct path and for directing the moisture to the reservoir.
Schmed teaches a steam separator (3) for separating moisture from the steam (Col. 4 lines 25-35 separator member 3 where the steam is separated from the water), the steam separator (3) positioned within the mixing apparatus (Fig. 2) in series along the steam inlet channel (31),
wherein the steam separator (3) comprises a reservoir for collecting moisture (Col. 4 lines 25-35 water separated from the steam in the separator member 3 drops, obeying the laws of gravity, downwards through a sieve member 38 into the water storage container 4),
wherein the steam separator (3) comprises an in-line fluid passageway comprising a tortuous path for the steam (Figs. 3-4 Col. 5 lines 30-40 baffle members 37 are provided which are adapted to separate the steam from the water-steam mixture), with at least one blocking element (37) for blocking a direct path and for directing the moisture to the reservoir (4).
It would have been obvious to have modified Noordhuis to incorporate the teachings of Schmed to have the steam separator with an inline fluid passageway having a tortuous path including a blocking element in order to separate steam from the water steam mixture and to produce dry steam required for preparing beverages (Schmed Col. 11 lines 35-50).
Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Noordhuis (US9687109) and Schmed (US5842407).
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Fig. 2B of Noordhuis
Regarding claim 3, a first embodiment (device 4, Fig. 5A) of Noordhuis and Schmed teach the mixing apparatus as claimed in claim 2, and a first embodiment (device 4, Fig. 5A) of Noordhuis teaches having the air passage (Col. 11 lines 60-65 free space) but is silent on comprises an air intake channel which defines an air flow from air surrounding the mixing apparatus to the mixing chamber.
A second embodiment (device 3, Fig. 2B) of Noordhuis teaches an air intake channel (46A, 46B) which defines an air flow from air surrounding the mixing apparatus to the mixing chamber (Col. 9 lines 40-50 frothing gas typically is ambient air).
It would have been obvious to have modified the first embodiment of Noordhuis and Schmed to incorporate the air intake channel of the second embodiment of Noordhuis in order to be able to introduce frothing gas into the liquid which allows for the creation of foam or froth (Noordhuis Col. 1 lines 20-30).
Regarding claim 4, the combination of the first and second embodiments of Noordhuis and Schmed teach all of the elements of the current invention as described above in claim 3. The second embodiment of Noordhuis further teaches wherein the air intake channel (46A, 46B) imparts a Venturi effect on the air flow (Col. 5 lines 1-14 Venturi tube).
It would have been obvious to have modified the first embodiment of Noordhuis and Schmed to incorporate the air intake channel of the second embodiment of Noordhuis which imparts a Venturi effect in order to be able to suction liquid and air into the mixing unit so that frothing can take place (Noordhuis Col. 5 lines 1-10).
Claims 7, 8, 14, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Noordhuis (US9687109) and Schmed (US5842407) as applied to claim 1 above, further in view of Van Eeden (US20170127876).
Regarding claim 7, Noordhuis and Schmed teach the mixing apparatus as claimed in claim 5, but are silent on wherein the first container defines the mixing chamber, and wherein the mixing apparatus further comprises: a second container, wherein the second container is adapted to receive the first container and wherein the second container comprises a port for connection to the mixing chamber from which a mixture of the milk, the steam, and the air is delivered.
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Fig. 1 of Van Eeden
Van Eeden teaches wherein the first container (22) defines the mixing chamber ([0043] connected to emulsifying chamber 80, 180, 280, 380 within venturi block 7 attached to milk reservoir 22), and wherein the mixing apparatus further comprises: a second container (3), wherein the second container is adapted to receive the first container (Fig. 1 milk reservoir 22 connected to body 3),
and wherein the second container (3) comprises a port (21) for connection to the mixing chamber (7) from which a mixture of the milk, the steam, and the air is delivered ([0046] steam outlet 21 receives venturi block 7 to draw milk from the reservoir 22).
It would have been obvious to have modified Noordhuis and Schmed to incorporate the teachings of Van Eeden to have a first container having the mixing chamber and a second container receiving the first container that has a port to connect to the mixing chamber in order to allow fixing of the mixing chamber so that frothing can occur and to be able to have a way to dispense frothed milk from the first and second containers (Van Eeden [0042-0044]).
Regarding claim 8, Noordhuis and Schmed teach the mixing apparatus as claimed in claim 7, but are silent on wherein the steam inlet channel and the milk passage are defined by an interface between the first and second containers
Van Eeden teaches wherein the steam inlet channel (73, 173, 273, 373) and the milk passage (244) are defined by an interface between the first and second containers ([0094] milk inlet 74, 174, 274, 374).
It would have been obvious to have modified Noordhuis and Schmed to incorporate the teachings of Van Eeden to have the steam inlet channel and the milk passage be defined by an interface between the first and second containers to allow fixing of the mixing chamber so that frothing can occur and to be able to have a way to dispense frothed milk from the first and second containers (Van Eeden [0042-0044]).
Regarding claim 14, Noordhuis and Schmed teach the mixing apparatus as claimed in claim 13, but are silent on a second container adapted to receive the first container, a seal disposed between the first container and the second container wherein the seal comprises: wherein mating between the seal and the first container forms a closed channel arrangement that defines a fluid path for mixing a milk inlet and a steam inlet.
Van Eeden teaches further comprising:
a second container (3) adapted to receive the first container (Fig. 1 milk reservoir 22 connected to body 3),
a seal disposed between the first container and the second container ([0059] plurality of radial rings 1762, 1763, 1766, 2762, 2763, 2766, 3762, 3763, 3766 that are adapted to define respective radial seal), wherein the seal comprises:
wherein mating between the seal (1762, 2762, 3762) and the first container ([0050] an emulsifying chamber 80, 180, 280, 380 within venturi block 7 attached to 22) forms a closed channel arrangement that defines a fluid path for mixing a milk inlet (74, 174, 274, 374) and a steam inlet ([0049] Venturi tube 73, 173, 273, 373).
It would have been obvious to have modified Noordhuis and Schmed to incorporate the teachings of Van Eeden to have a second container receiving a first container and a seal disposed between the two in order to create a watertight seal during operation of the mixing of milk, air, and steam (Van Eeden [0059]).
Regarding claim 15, Noordhuis, Schmed, and Van Eeden teach the mixing apparatus as claimed in claim 14, but Noordhuis and Schmed are silent on wherein the closed channel arrangement connects a port at the bottom of the closed channel arrangement and wherein closed channel arrangement connects the mixing chamber (22) at the top of the closed channel arrangement.
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Fig. 2 of Van Eeden
Van Eeden teaches wherein the closed channel arrangement connects a port (21) at the bottom of the closed channel arrangement (Fig. 2 port 21 closed with the engagement of seal 1762, 2762, 3762 and venturi block 7 of milk reservoir 22),
and wherein closed channel arrangement connects the mixing chamber (22) at the top of the closed channel arrangement (Fig. 2 closed channel formed when milk reservoir 22 is attached, being the start or the top of the closed channel arrangement).
It would have been obvious to have modified Noordhuis and Schmed to incorporate the teachings of Van Eeden to have a port at the bottom of the closed channel arrangement and the mixing chamber connecting with the closed channel arrangement at the top of the arrangement in order to allow fixing of the mixing chamber so that frothing can occur and to be able to have a way to dispense frothed milk from the first and second containers (Van Eeden [0042-0044]).
Claims 9-11 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Noordhuis (US9687109), Schmed (US5842407), and Van Eeden (US20170127876) as applied to claims 1 and 13 above, and further in view of Kraemer (WO2006069838).
Regarding claim 9, Noordhuis, Schmed, and Van Eeden teach the mixing apparatus as claimed in claim 7, but are silent on wherein the reservoir of the steam separator is defined by an interface between the first and second containers.
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Fig. 1 of Kraemer
Kraemer teaches wherein the reservoir of the steam separator (21) is defined by an interface between the first (7) and second containers (2, Fig. 1 chamber 21 within separator 8 between steam generator 7 and tank 2).
Noordhuis, Schmed, Van Eeden, and Kraemer are considered to be analogous to the claimed invention because they are in the same field of beverage devices. It would have been obvious to have modified Noordhuis, Schmed, and Van Eeden to incorporate the teachings of Kraemer to have the reservoir defined by an interface between a first and second container so that sufficient pressure may be absorbed by the containers during operation (Kraemer [0037]).
Regarding claim 10, the combination of Noordhuis, Schmed, Van Eeden, and Kraemer teach all of the elements of the current invention as described above in claim 9. Kraemer further teaches wherein the reservoir (21) of the steam separator (8) as a volume (Fig. 1).
Kraemer does not teach the reservoir having a volume less than 10 ml. 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 Kraemer to have a reservoir of the steam separator have a volume less than 10ml since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” (MPEP 2144.04). In the instant case, the device of Kraemer would not operate differently with the claimed volume and since reservoir of the steam separator is intended to contain a small amount of water for the purpose of constructing a beverage machine with smaller dimensions overall (Kraemer [0008]), so the device would function appropriately having the claimed volume. Further, it appears that applicant places no criticality on the range claimed, indicating simply that the diameter “may” be within the claimed ranges (specification pp. [0028]).
Regarding claim 11, Noordhuis, Schmed, and Van Eeden teach the mixing apparatus as claimed in claim 7, but Noordhuis and Schmed are silent on a seal disposed between the first container and the second container, wherein the seal comprises: a first sealing member disposed between the mixing chamber and the port; and a second sealing member for defining one surface of the milk passage and one surface of the reservoir.
Van Eeden teaches a seal disposed between the first container and the second container ([0059] plurality of radial rings 1762, 1763, 1766, 2762, 2763, 2766, 3762, 3763, 3766 that are adapted to define respective radial seal), wherein the seal comprises:
a first sealing member (1762, 2762, 3762) disposed between the mixing chamber ([0050] an emulsifying chamber 80, 180, 280, 380 within venturi block 7) and the port (21) ;
It would have been obvious to have modified Noordhuis and Schmed to incorporate the teachings of Van Eeden to have a seal between a first and second container having a sealing member in order to create a watertight seal during operation of the mixing of milk, air, and steam (Van Eeden [0059]).
The combination of Noordhuis, Schmed, and Van Eeden are silent on a second sealing member for defining one surface of the milk passage and one surface of the reservoir.
Kraemer teaches a second sealing member (34) for defining one surface of the milk passage (24) and one surface of the reservoir (8) .
It would have been obvious to have modified Noordhuis, Schmed and Van Eeden to incorporate the teachings of Kraemer to have a second sealing member defining a surface of the milk passage and reservoir so that even at higher pressures no steam inadvertently escapes the steam separator (Kraemer [0038]).
Regarding claim 16, Noordhuis, Schmed, Van Eeden, and Kraemer teach the mixing apparatus as claimed in claim 11, but Noordhuis, Schmed, and Kraemer are silent on wherein mating between the seal and the first container forms a closed channel arrangement that defines a fluid path for mixing a milk inlet and a steam inlet.
Van Eeden teaches wherein mating between the seal (1762, 2762, 3762) and the first container ([0050] an emulsifying chamber 80, 180, 280, 380 within venturi block 7 attached to 22) forms a closed channel arrangement that defines a fluid path for mixing a milk inlet (74, 174, 274, 374) and a steam inlet ([0049] Venturi tube 73, 173, 273, 373).
It would have been obvious to have modified Noordhuis, Schmed, and Kraemer to incorporate the teachings of Van Eeden to have a mating between the seal and first container define a path for mixing a milk and steam inlet in order to have a watertight seal during operation of the mixing of milk, air, and steam (Van Eeden [0059]).
Regarding claim 17, Noordhuis, Schmed, Van Eeden, and Kraemer teach the mixing apparatus as claimed in claim 16, but Noordhuis, Schmed, and Kraemer are silent on wherein the closed channel arrangement connects the port at the bottom of the closed channel arrangement, and wherein closed channel arrangement connects the mixing chamber at the top of the closed channel arrangement.
Van Eeden teaches wherein the closed channel arrangement connects a port (21) at the bottom of the closed channel arrangement (Fig. 2 port 21 closed with the engagement of seal 1762, 2762, 3762 and venturi block 7 of milk reservoir 22),
and wherein closed channel arrangement connects the mixing chamber (22) at the top of the closed channel arrangement (Fig. 2 closed channel formed when milk reservoir 22 is attached, being the start or the top of the closed channel arrangement).
It would have been obvious to have modified Noordhuis, Schmed, and Kraemer to incorporate the teachings of Van Eeden to have the closed channel arrangement connect a port at the bottom and connect the top mixing chamber at the top to allow fixing of the mixing chamber so that frothing can occur and to be able to have a way to dispense frothed milk from the first and second containers (Van Eeden [0042-0044]).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Noordhuis (US9687109), Schmed (US5842407), Van Eeden (US20170127876), and Kraemer (WO2006069838) as applied to claim 11 above, and further in view of Burrows (US9968218).
Regarding claim 12, Noordhuis, Schmed, Van Eeden, and Kraemer teach the mixing apparatus as claimed in claim 11, but are silent on a transition seal portion, the transition seal portion comprising: a seal split; and an air intake channel.
Burrows teaches a transition seal portion (376), the transition seal portion comprising:
a seal split (378); and an air intake channel (vent 370).
Noordhuis, Schmed , Van Eeden, Kraemer, and Burrows are considered to be analogous to the claimed invention because they are in the same field of beverage devices. It would have been obvious to have modified the seal taught in Noordhuis, Schmed, Van Eeden, and Kraemer with the seal of Burrows to have a transition seal with a seal split and an air take channel to provide a watertight seal around the basket while also allowing heated steam to exit the basket (Burrows Col. 39 lines 5-20).
Response to Arguments
Applicant’s arguments, see the Remarks, filed 10/13/2025, with respect to the rejection(s) of claims 1 and 13 under Noordhuis (US9687109) have been fully considered and are persuasive. However, Applicant's amendment necessitated a new ground(s) of rejection presented in this Office action, wherein the new ground(s) of rejection is made in view of Noordhuis (US9687109) in view of Schmed (US5842407).
Applicant's arguments filed 10/13/2025 have been fully considered but they are not persuasive.
Regarding applicant’s arguments towards claim 6, now incorporated into independent claims 1 and 13, that Schmed does not teach that “Schmed's separator member (3) lacks an in-line fluid passageway comprising a tortuous path. Schmed's baffle members (37) merely deflect the water-steam mixture radially without blocking a direct path in a confined passageway to direct the collected moisture via capillary action to the water storage container (4)”. Schmed’s baffle members are understood to block a direct path within the separator 3, which is adapted to separate steam from the water steam mixture, which would then be understood to “direct the moisture to the reservoir” by the separation of steam from the water steam mixture, as the water would be separated from the mixture and directed towards reservoir 4 as in Col. 4 lines 25-35 of Schmed.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABIGAIL RHUE whose telephone number is (571)272-4615. The examiner can normally be reached Monday - Friday, 10-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached at (571) 272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABIGAIL H RHUE/Examiner, Art Unit 3761 2/4/2025
/VY T NGUYEN/Examiner, Art Unit 3761