DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/16/2025 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 16 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. A full rejection can be found below.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 16, 20, and 26-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over METZ (DE 8900220 U1) in view of Tilton (US 20190038065 A1), ANDREIS (US 20160157669 A1), and Maerky (US 20070025047 A1).
Regarding claim 16, METZ (DE 8900220 U1) teaches a proportional membrane valve selectively adjustable to control the flow of delivery of a coffee beverage (Figure 2 Paragraph 69, elastic membrane 4 is pressed onto the end face 7a of the circumferential web 7 and thus the valve seat) at exit from an extraction chamber of a delivery assembly of a machine to deliver a coffee beverage (the device of METZ would be fully capable of controlling the flow of delivery of coffee beverage given that Paragraph 2 cites that the valve is intended for use of dispensing hot drinks), said valve comprising:
- a valve body (housing cover 11 and housing base 12,13);
- a shutter assembly (Paragraph 40 Figure 2, tappet housing 14) on which a mobile membrane (elastic membrane 4) is mounted and provided with an actuation element (electromagnet 9) associated with said membrane (Figure 1 Paragraph 62, the valve or mixing device is in the release position whereby by energizing the electromagnet 9 the valve tappet 8 is drawn into the electromagnet 9 against the action of the compression spring 10 and releases the elastic membrane 4 so that according to the arrows shown liquid can pass from the inlet channel 2 through the gap on the end face 7a of the circumferential web 7 into the outlet channel 3);
said valve body (housing cover 11 and housing base 12,13) being coupled with said shutter assembly (Paragraph 40 Figure 2, tappet housing 14 are mounted adjustable with respect to the housing lower part 12,13), so as to selectively present a first mounted condition (Figures 1-2), defining an interception chamber (Figure 1, area around circumferential web between inlet opening 5 and hollow cylindrical outlet opening 6) present between said valve body and said shutter assembly (Figure 1, that area is located between tappet housing 14 and housing lower part 12,13) in which said membrane is mobile (Paragraph 19, distance of the tappet in relation to the diaphragm membrane can be varied in order to vary the contact pressure of the diaphragm against the valve seat and thus the flow rate can be changed) from a non-operating position to an operating interception position (Figure 1 Paragraph 62, the valve or mixing device is in the release position whereby by energizing the electromagnet 9 the valve tappet 8 is drawn into the electromagnet 9 against the action of the compression spring 10 and releases the elastic membrane 4 so that according to the arrows shown liquid can pass from the inlet channel 2 through the gap on the end face 7a of the circumferential web 7 into the outlet channel 3; Figure 1 Paragraph 40, adjusting screw 17 adjusts the distance between the tappet housing 14 and the housing cover 11 which is controlled by the user)
selectively activate the actuation element to move the membrane between the non-operating position and the operating interception position (Figure 1 Paragraph 62, the valve or mixing device is in the release position whereby by energizing the electromagnet 9 the valve tappet 8 is drawn into the electromagnet 9 against the action of the compression spring 10 and releases the elastic membrane 4 so that according to the arrows shown liquid can pass from the inlet channel 2 through the gap on the end face 7a of the circumferential web 7 into the outlet channel 3; Figure 1 Paragraph 40, adjusting screw 17 adjusts the distance between the tappet housing 14 and the housing cover 11 which is controlled by the user)
to selectively move the membrane from the non-operating position to the operating interception position (Figure 1 Paragraph 62; Figure 1 Paragraph 40), adjusting a passage gap of the interception chamber proportionally, on each occasion, as a function of the specifications requested by an operator (Figure 1 Paragraph 40, adjusting screw 17 adjusts the distance between the tappet housing 14 and the housing cover 11 which is controlled by the user)
METZ fails to teach:
said valve body being releasably coupled
and a second disassembled condition, in which said shutter assembly is disassembled from said valve body for the purposes of cleaning said valve
a drive device configured to selectively activate the actuation element
a control unit to control the drive device
wherein the membrane is structurally configured to have a series of intermediate working positions between the non-operating position and the operating interception position, each intermediate working position defining a different passage gap;
wherein the control unit is configured to selectively position the membrane at one of said intermediate working positions corresponding to the operator specifications to achieve proportional adjustment of the passage gap on each occasion; and
wherein the actuation element comprises a first magnet integral with the shutter assembly, and the drive device comprises a second magnet configured to create a magnetic connection with the first magnet to enable precise positioning of the membrane at the selected intermediate working position
Tilton (US 20190038065 A1) teaches a valve for a brewing chamber, wherein:
said valve body (18) being releasably coupled with said shutter assembly (Paragraph 87, valve assembly 2220 may be removed from the brewing chamber to facilitate removal and to allow for more thorough cleaning)
a second disassembled condition, in which said shutter assembly is disassembled from said valve body for the purposes of cleaning said valve (Paragraph 87, valve assembly 2220 may be removed from the brewing chamber to facilitate removal and to allow for more thorough cleaning)
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified METZ with Tilton and have the shutter assembly be disassembled from the valve body for purposes of cleaning the valve. This would have been done such as to facilitate more thorough cleaning (Tilton Paragraph 87).
The Office further notes that the MEPE teaches that the use of one-piece construction instead of a separate structure would be merely a matter of obvious engineer choice. MPEP §2144.04.V.B. In this case, having the valve body be removably coupled to the main body would be merely a matter of obvious engineering choice.
METZ modified with Tilton fails to teach:
a drive device configured to selectively activate the actuation element
a control unit to control the drive device
wherein the membrane is structurally configured to have a series of intermediate working positions between the non-operating position and the operating interception position, each intermediate working position defining a different passage gap;
wherein the control unit is configured to selectively position the membrane at one of said intermediate working positions corresponding to the operator specifications to achieve proportional adjustment of the passage gap on each occasion; and
wherein the actuation element comprises a first magnet integral with the shutter assembly, and the drive device comprises a second magnet configured to create a magnetic connection with the first magnet to enable precise positioning of the membrane at the selected intermediate working position
ANDREIS (US 20160157669 A1) teaches a proportional valve for the producing and dispensing of beverages, comprising:
a drive device (current generator) configured to selectively activate the actuation element (Paragraph 46, central control unit 42 generates a suitable train of current pulses programmed by the end user which can set the opening size of the proportional valve; Paragraph 49, a central control unit 42 is capable of modulating the actuator 24 as a function of the by directly acting on the current generator)
a control unit to control the drive device (Paragraph 49, a central control unit 42 is capable of modulating the actuator 24 as a function of the by directly acting on the current generator)
wherein the membrane is structurally configured to have a series of intermediate working positions between the non-operating position and the operating interception position, each intermediate working position defining a different passage gap (Paragraph 46, central control unit 42 generates a suitable train of current pulses programmed by the end user which can set the opening size of the proportional valve; Paragraph 38, adjusting the degree of opening of the proportional valve thus introducing variants into the time, flow rate, and pressure of the fluid);
wherein the control unit is configured to selectively position the membrane at one of said intermediate working positions corresponding to the operator specifications to achieve proportional adjustment of the passage gap on each occasion (Paragraph 46, central control unit 42 generates a suitable train of current pulses programmed by the end user which can set the opening size of the proportional valve); and
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified METZ with ANDREIS and had a control unit which is configured to control a drive device to set an intermediate working position between a non-operating position and operating position which defines a different degree of opening. This would have been done to allow the user to set the opening size of the proportional valve such as to introduce variants into the time, flow rate, and pressure of the fluid (ANDREIS Paragraph 38) which is advantageous when seeking the perfect extraction of the various types of coffee and beverages that is desired to be obtained (ANDREIS Paragraph 44).
The Office notes that using a controller to control the activation of an electromagnet is well known in the art as evidenced by Girard (US 20060000851 A1).
The Office further notes that setting intermediate flow positions of a valve membrane is known in the art of controlling the fluid flow rate as evidenced by Column 3 Lines 25-38 of Trosch (US 3802462 A).
METZ modified with ANDREIS fails to teach:
wherein the actuation element comprises a first magnet integral with the shutter assembly, and the drive device comprises a second magnet configured to create a magnetic connection with the first magnet to enable precise positioning of the membrane at the selected intermediate working position
Maerky (US 20070025047 A1) teaches an electromagnetic valve actuator with a permanent magnet, wherein:
the actuation element comprises a first magnet (armature 14) integral with the shutter assembly (Paragraphs 15-16, armature 14 is attracted towards the top and bottom face by magnetic flux; Paragraph 16, pusher 11 is secured to an armature wherein said pusher is used to push the valve 1), and the drive device comprises a second magnet configured to create a magnetic connection with the first magnet to enable precise positioning of the membrane at the selected intermediate working position (Paragraphs 21-23, armature 14 is attracted towards the top and bottom face by means of permanent magnet 22; Paragraph 15, springs define an equilibrium position for the pusher in which the position of the valve is open; Paragraph 16, armature is moved by means of the magnetic actuator to an open or closed position).
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified METZ with Maerky and have the actuation unit and drive device each comprise a magnet which create a magnetic field such as to control the positioning of the valve. This would have been done to provide an electromagnetic actuator with a reduced size which still prevents the risk of demagnetization (Maerky Paragraphs 2-6).
The Office further notes that the force of an electromagnetic is well known in the art to be proportional to the current flow through the winding of an electromagnetic valve assembly as evidenced by Fox (US 4534375 A) and thus adjusting the force of the electromagnet relative to the springs to find the desired opening for a specific beverage (ANDREIS Paragraph 38) for the electromagnet would be matter of routine experimentation.
Regarding claim 20, METZ as modified teaches the delivery assembly as in claim 16.
ANDREIS further teaches:
the drive device selectively drives the actuation element (Paragraph 46, central control unit 42 generates a suitable train of current pulses programmed by the end user which can set the opening size of the proportional valve; Paragraph 49, a central control unit 42 is capable of modulating the actuator 24 as a function of the by directly acting on the current generator) from outside the extraction chamber (Figure 1, current generating device 32 is located outside of the main body 12).
It would have been obvious for the same motivation as claim 16.
Regarding claim 26, METZ as modified teaches the delivery assembly as in claim 16.
ANDREIS further teaches:
the drive device comprises a magnetic drive device configured to continuously vary magnetic force to position the membrane at any of the intermediate working positions (Paragraph 46, central control unit 42 generates a suitable train of current pulses programmed by the end user which can set the opening size of the proportional valve; Paragraph 49, a central control unit 42 is capable of modulating the actuator 24 as a function of the by directly acting on the current generator).
It would have been obvious for the same motivation as claim 16.
Regarding claim 27, METZ as modified teaches the delivery assembly as in claim 16.
ANDREIS further teaches:
the passage gap is adjusted, controlled, and defined proportionally on each occasion by the control unit positioning the membrane at different intermediate working positions for different operator specifications (Paragraph 46, central control unit 42 generates a suitable train of current pulses programmed by the end user which can set the opening size of the proportional valve; Paragraph 49, a central control unit 42 is capable of modulating the actuator 24 as a function of the by directly acting on the current generator).
It would have been obvious for the same motivation as claim 16.
Claim(s) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over METZ (DE 8900220 U1) in view of Tilton (US 20190038065 A1), ANDREIS (US 20160157669 A1), and Maerky (US 20070025047 A1) as applied to claim 16 above, and further in view of Rotta (US 20180360260 A1).
Regarding claim 25, METZ as modified teaches the delivery assembly as in claim 16.
Maerky further teaches:
the actuation element and the shutter element are integrally formed as a single body (Paragraph 16, pusher is secured to an armature) to enable direct control of membrane position among the intermediate working positions (Paragraphs 15-16, armature 14 is attracted towards the top and bottom face by magnetic flux; Paragraph 16, pusher 11 is secured to an armature wherein said pusher is used to push the valve 1)
It would have been obvious for the same motivation as claim 1.
The Office further notes that the MPEP teaches that the use of one-piece construction instead of a separate structure would be merely a matter of obvious engineer choice. MPEP §2144.04.V.B. In this case, having the actuation element and shutter element be made of a single body instead of bodies secured together would merely be a matter of obvious engineer choice.
METZ as modified fails explicitly teach:
the actuation element and the shutter element are integrally formed as a single body with the membrane
Rotta (US 20180360260 A1) teaches a valve system in an apparatus for preparing beverages, wherein:
the actuation element and the shutter element are integrally formed as a single body with the membrane (Claim 12, the open/close element and the membrane element are made of a single piece).
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified METZ with Rotta and have the membrane and the shutter element be made as a single body. This would have been done to reduce the number of steps needed during disassembly and for obvious engineering choice.
The Office further notes that the MPEP teaches that the use of one-piece construction instead of a separate structure would be merely a matter of obvious engineer choice. MPEP §2144.04.V.B. In this case, having the membrane and the shutter element be made of a single body instead of two separate bodies would merely be a matter of obvious engineer choice.
Claim(s) 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over METZ (DE 8900220 U1) in view of Tilton (US 20190038065 A1), ANDREIS (US 20160157669 A1), and Maerky (US 20070025047 A1) as applied to claim 16 above, and further in view of Trosch (US 3802462 A).
Regarding claim 28, METZ as modified teaches the delivery assembly as in claim 16.
Metz as modified fails to teach:
the valve body and shutter assembly are connected via a tool-free coupling mechanism configured to enable separation without specialized tools for cleaning operations.
Trosch (US 3802462 A) teaches a remotely or manually operable membrane valve, wherein:
the valve body and shutter assembly are connected via a tool-free coupling mechanism configured to enable separation without specialized tools for cleaning operations (Column 2 Lines 12-17, upper housing is screwed to lower housing portion by means of screws; Column 2 Lines 22-25, center of the membrane 1 is removably coupled by a molded-in screw 50 to connect with the pressure cap 3).
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified METZ with Trosch and have the valve body and shutter assembly be connected by means of screws. This would have been done as using screws is a well-known and simple method of separation in the art.
The Office further notes that the MPEP teaches that the use of one-piece construction instead of a separate structure would be merely a matter of obvious engineer choice. MPEP §2144.04.V.B. In this case, having the valve body and shutter assembly be connected via screws without need of specialized tools would merely be a matter of obvious engineering choice.
Claim(s) 1-4, 6-8, 10-14, 17-19, and 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ciaramelli (US 20140161945 A1) in view of METZ (DE 8900220 U1), Tilton (US 20190038065 A1), ANDREIS (US 20160157669 A1), and Maerky (US 20070025047 A1).
Regarding claim 1, Ciaramelli (US 20140161945 A1) teaches a delivery assembly for a coffee beverage extracted under pressure by way of water through a substrate of powdered coffee (Figure 8 Paragraphs 2-11, apparatus for producing coffee beverage from ground coffee through pressurized liquid), said assembly comprising:
- an extractor body (Paragraphs 123 and 126, stationary part 27/removable intermediate part 26/movable upper part 25) which has a passage circuit from an entry aperture for the water (Paragraph 105, pump as a fluid dispensing means for providing pressurized fluid such as water into receptable 3; Paragraph 123, pressurized fluid is fed under pressure through a tube 23 to the receptable 3) to a delivery aperture of the coffee beverage (Paragraph 123, receptable outlet comprises a channel 8 through which the extract product flows to leave the device via the delivery nozzle), there being present, along said passage circuit, a first seating in which a selectively removable filter is provided which defines an extraction chamber (Paragraphs 106-107, one removably coupled filter means is placed at the bottom of the receptacle adhere to the walls of the receptacle so that ground coffee is prevented from coming out; Paragraph 123, product extract is formed within receptable 3) to receive said substrate of powdered coffee made downstream of said entry aperture (Paragraph 123, pressurized fluid is fed under pressure through a tube 23 wherein the receptacle 3 is located downstream of tube 23) and, downstream of said first seating, a second seating communicating with said delivery aperture (Figure 8 Paragraph 123, gate 7 is sat and supported within receptacle outlet channel 8 between receptable 3 and delivery nozzle 17),
- a proportional valve (gate 7) selectively adjustable to control the delivery flow of said coffee beverage exit from said extraction chamber and able to be housed in said second seating (Paragraph 123, gate 7 is movable between a closed position whereby the receptable 3 and the delivery nozzle 17 and is supported within receptacle outlet channel 8), said valve comprising:
- a valve body in which a segment of the passage circuit is present (Figure 8 Paragraph 123, gate 7 is supported and located within receptacle outlet channel 8 between receptable 3 and delivery nozzle 17), in communication on one side with said extraction chamber defined in said filter and on the other side with said delivery aperture (Figure 8 Paragraph 123, receptacle outlet channel 8 is located between receptable 3 and delivery nozzle 17)
Ciaramelli fails to teach:
- a proportional membrane valve selectively adjustable to control the delivery flow of said coffee beverage at exit from said extraction chamber and able to be housed in said second seating, said valve comprising:
- a shutter assembly on which a mobile membrane is mounted and provided with an actuation element associated with said membrane
said valve body being releasably coupled with said shutter assembly, so as to selectively present a first mounted condition, defining an interception chamber present between said valve body and said shutter assembly in which said membrane is mobile from a non-operating position to an operating interception position in which the membrane selectively intercepts said segment of the passage circuit of the valve body, maintaining said segment separate from the actuation element of the shutter assembly, in said first mounted condition said valve being positioned in said second seating in order to control the flow of extracted coffee beverage delivered through said extraction chamber and a second disassembled condition, in which said shutter assembly is disassembled from said valve body for the purposes of cleaning said valve;
a drive device configured to selectively activate the actuation element to move the membrane between the non-operating position and the operating interception position; and
a control unit to control the drive device to selectively move the membrane from the non- operating position to the operating interception position, adjusting a passage gap of the interception chamber proportionally, on each occasion, as a function of the specifications requested by an operator;
wherein the membrane is structurally configured to have a series of intermediate working positions between the non-operating position and the operating interception position, each intermediate working position defining a different passage gap;
wherein the control unit is configured to selectively position the membrane at one of said intermediate working positions corresponding to the operator specifications to achieve proportional adjustment of the passage gap on each occasion; and
wherein the actuation element comprises a first magnet integral with the shutter assembly, and the drive device comprises a second magnet configured to create a magnetic connection with the first magnet to enable precise positioning of the membrane at the selected intermediate working position.
METZ (DE 8900220 U1) teaches a valve for shutting off or releasing drinks (Paragraph 2), comprising:
- a proportional membrane valve selectively adjustable to control the delivery flow (Paragraph 19, distance of the tappet in relation to the diaphragm membrane can be varied in order to vary the contact pressure of the diaphragm against the valve seat) of said coffee beverage (Paragraph 2, liquids for preparing and dispensing hot drinks) and able to be housed in said second seating (Paragraph 40, tappet housing 14 and thus the tappet 8 mounted therein are arranged so as to be adjustable with respect to the housing base 12, 13), said valve comprising:
- a valve body in which a segment of the passage circuit is present (Figure 2, channel section 22 of inlet 2), in communication on one side with said extraction chamber defined in said filter and on the other side with said delivery aperture (Paragraph 45, the vertical channel section 21 of the inlet channel 2 opens into an inlet opening 5 which is concentrically surrounded by a hollow cylindrical outlet opening 6; Paragraph 45, between the inlet opening 5 and the outlet opening 6 there is a circumferential web 7 the upper end face 70 of which forms the valve seat; Paragraph 46, the outlet opening 6 merges into a horizontal outlet channel 3 which has a connection 30 on the housing side);
- a shutter assembly (valve tappet 8) on which a mobile membrane (elastic membrane 4) is mounted and provided with an actuation element (electromagnet 9) associated with said membrane (Figure 1 Paragraph 62, the valve or mixing device is in the release position whereby by energizing the electromagnet 9 the valve tappet 8 is drawn into the electromagnet 9 against the action of the compression spring 10 and releases the elastic membrane 4 so that according to the arrows shown liquid can pass from the inlet channel 2 through the gap on the end face 7a of the circumferential web 7 into the outlet channel 3);
said valve body (housing cover 11 and housing base 12,13) being coupled with said shutter assembly (Paragraph 40 Figure 2, tappet housing 14 are mounted adjustable with respect to the housing lower part 12,13), so as to selectively present a first mounted condition (Figures 1-2), defining an interception chamber (Figure 1, area around circumferential web between inlet opening 5 and hollow cylindrical outlet opening 6) present between said valve body and said shutter assembly (Figure 1, that area is located between tappet housing 14 and housing lower part 12,13) in which said membrane (21) is mobile from a non-operating position to an operating interception position (Figure 1 Paragraph 62, the valve or mixing device is in the release position whereby by energizing the electromagnet 9 the valve tappet 8 is drawn into the electromagnet 9 against the action of the compression spring 10 and releases the elastic membrane 4 so that according to the arrows shown liquid can pass from the inlet channel 2 through the gap on the end face 7a of the circumferential web 7 into the outlet channel 3; Figure 1 Paragraph 40, adjusting screw 17 adjusts the distance between the tappet housing 14 and the housing cover 11 which is controlled by the user) in which the membrane selectively intercepts said segment of the passage circuit of the valve body (Figure 2 Paragraph 69, elastic membrane 4 is pressed onto the end face 7a of the circumferential web 7 and thus the valve seat), maintaining said segment separate from the actuation element of the shutter assembly (Figure 1, tappet housing 14 do not contain the channels), in said first mounted condition said valve being positioned in said second seating in order to control the flow of extracted coffee beverage delivered through said extraction chamber (Paragraph 19, distance of the tappet in relation to the diaphragm membrane can be varied in order to vary the contact pressure of the diaphragm against the valve seat and thus the flow rate can be changed),
selectively activate the actuation element to move the membrane between the non-operating position and the operating interception position (Figure 1 Paragraph 62, the valve or mixing device is in the release position whereby by energizing the electromagnet 9 the valve tappet 8 is drawn into the electromagnet 9 against the action of the compression spring 10 and releases the elastic membrane 4 so that according to the arrows shown liquid can pass from the inlet channel 2 through the gap on the end face 7a of the circumferential web 7 into the outlet channel 3; Figure 1 Paragraph 40, adjusting screw 17 adjusts the distance between the tappet housing 14 and the housing cover 11 which is controlled by the user); and
to selectively move the membrane from the non- operating position to the operating interception position (Figure 1 Paragraph 62; Figure 1 Paragraph 40), adjusting a passage gap of the interception chamber proportionally, on each occasion, as a function of the specifications requested by an operator (Figure 1 Paragraph 40, adjusting screw 17 adjusts the distance between the tappet housing 14 and the housing cover 11 which is controlled by the user).
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Ciaramelli with METZ and used the valve system described by METZ. This would have been done to control the flow rate of the coffee without need of a regulating device (Paragraphs 12 and 19) and to avoid premature disruptions of the functional mechanism of known valves (METZ Paragraph 80).
Ciaramelli modified with METZ fails to explicitly teach:
the valve body is releasably coupled with the shutter assembly
a second disassembled condition, in which said shutter assembly is disassembled from said valve body for the purposes of cleaning said valve
a drive device configured to selectively activate the actuation element
a control unit to control the drive device
wherein the membrane is structurally configured to have a series of intermediate working positions between the non-operating position and the operating interception position, each intermediate working position defining a different passage gap;
wherein the control unit is configured to selectively position the membrane at one of said intermediate working positions corresponding to the operator specifications to achieve proportional adjustment of the passage gap on each occasion; and
wherein the actuation element comprises a first magnet integral with the shutter assembly, and the drive device comprises a second magnet configured to create a magnetic connection with the first magnet to enable precise positioning of the membrane at the selected intermediate working position.
Tilton (US 20190038065 A1) teaches a valve for a brewing chamber, wherein:
said valve body being releasably coupled with said shutter assembly (Paragraph 87, valve assembly 2220 may be removed from the brewing chamber to facilitate removal and to allow for more thorough cleaning)
a second disassembled condition, in which said shutter assembly is disassembled from said valve body for the purposes of cleaning said valve (Paragraph 87, valve assembly 2220 may be removed from the brewing chamber to facilitate removal and to allow for more thorough cleaning)
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Ciaramelli with Tilton and have the shutter assembly be disassembled from the valve body for purposes of cleaning the valve. This would have been done such as to facilitate more thorough cleaning (Tilton Paragraph 87).
The Office notes that the use of screws to combines to releasably assembly various components of a valve system is known in the art as evidenced by Column 2 Lines 13-17 of Trosch (US 3802462 A).
The Office further notes that the MEPE teaches that the use of one-piece construction instead of a separate structure would be merely a matter of obvious engineer choice. MPEP §2144.04.V.B. In this case, having the valve body be removably coupled to the main body would be merely a matter of obvious engineering choice.
Ciaramelli modified with Tilton fails to teach:
a drive device configured to selectively activate the actuation element
a control unit to control the drive device
wherein the membrane is structurally configured to have a series of intermediate working positions between the non-operating position and the operating interception position, each intermediate working position defining a different passage gap;
wherein the control unit is configured to selectively position the membrane at one of said intermediate working positions corresponding to the operator specifications to achieve proportional adjustment of the passage gap on each occasion; and
wherein the actuation element comprises a first magnet integral with the shutter assembly, and the drive device comprises a second magnet configured to create a magnetic connection with the first magnet to enable precise positioning of the membrane at the selected intermediate working position.
ANDREIS (US 20160157669 A1) teaches a proportional valve for the producing and dispensing of beverages, comprising:
a drive device (current generator) configured to selectively activate the actuation element (Paragraph 46, central control unit 42 generates a suitable train of current pulses programmed by the end user which can set the opening size of the proportional valve; Paragraph 49, a central control unit 42 is capable of modulating the actuator 24 as a function of the by directly acting on the current generator)
a control unit to control the drive device (Paragraph 49, a central control unit 42 is capable of modulating the actuator 24 as a function of the by directly acting on the current generator)
wherein the membrane is structurally configured to have a series of intermediate working positions between the non-operating position and the operating interception position, each intermediate working position defining a different passage gap (Paragraph 46, central control unit 42 generates a suitable train of current pulses programmed by the end user which can set the opening size of the proportional valve; Paragraph 38, adjusting the degree of opening of the proportional valve thus introducing variants into the time, flow rate, and pressure of the fluid);
wherein the control unit is configured to selectively position the membrane at one of said intermediate working positions corresponding to the operator specifications to achieve proportional adjustment of the passage gap on each occasion (Paragraph 46, central control unit 42 generates a suitable train of current pulses programmed by the end user which can set the opening size of the proportional valve); and
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Ciaramelli with ANDREIS and had a control unit which is configured to control a drive device to set an intermediate working position between a non-operating position and operating position which defines a different degree of opening. This would have been done to allow the user to set the opening size of the proportional valve such as to introduce variants into the time, flow rate, and pressure of the fluid (ANDREIS Paragraph 38) which is advantageous when seeking the perfect extraction of the various types of coffee and beverages that is desired to be obtained (ANDREIS Paragraph 44).
The Office notes that using a controller to control the activation of an electromagnet is well known in the art as evidenced by Girard (US 20060000851 A1).
The Office further notes that setting intermediate flow positions of a valve membrane is known in the art of controlling the fluid flow rate as evidenced by Column 3 Lines 25-38 of Trosch (US 3802462 A).
Ciaramelli modified with ANDREIS fails to teach:
wherein the actuation element comprises a first magnet integral with the shutter assembly, and the drive device comprises a second magnet configured to create a magnetic connection with the first magnet to enable precise positioning of the membrane at the selected intermediate working position.
Maerky (US 20070025047 A1) teaches an electromagnetic valve actuator with a permanent magnet, wherein:
the actuation element comprises a first magnet (armature 14) integral with the shutter assembly (Paragraph 16, pusher is secured to an armature; Paragraphs 15-16, armature 14 is attracted towards the top and bottom face by magnetic flux; Paragraph 16, pusher 11 is secured to an armature wherein said pusher is used to push the valve 1), and the drive device comprises a second magnet configured to create a magnetic connection with the first magnet to enable precise positioning of the membrane at the selected intermediate working position (Paragraphs 21-23, armature 14 is attracted towards the top and bottom face by means of permanent magnet 22; Paragraph 15, springs define an equilibrium position for the pusher in which the position of the valve is open; Paragraph 16, armature is moved by means of the magnetic actuator to an open or closed position).
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Ciaramelli with Maerky and have the actuation unit and drive device each comprise a magnet which create a magnetic field such as to control the positioning of the valve. This would have been done to provide an electromagnetic actuator with a reduced size which still prevents the risk of demagnetization (Maerky Paragraphs 2-6).
The Office further notes that the force of an electromagnetic is well known in the art to be proportional to the current flow through the winding of an electromagnetic valve assembly as evidenced by Fox (US 4534375 A) and thus adjusting the force of the electromagnet relative to the springs to find the desired opening for a specific beverage (ANDREIS Paragraph 38) for the electromagnet would be matter of routine experimentation.
Regarding claim 2, Ciaramelli as modified teaches the delivery assembly as in claim 1.
METZ further teaches:
said valve body is provided with a first connection portion configured (Figure 1 Paragraph 40, adjusting screw 17 adjusts the distance between the tappet housing 14 and the housing cover 11 by being connected by both), in the first mounted condition, to selectively couple, stably in a releasable manner, with a second connection portion provided in the shutter assembly (Figure 1, tappet housing 14 is connected with housing cover 11).
It would have been obvious for the same motivation as claim 1.
Tilton further teaches:
valve assembly 2220 may be removed from the brewing chamber to facilitate removal and to allow for more thorough cleaning (Paragraph 87)
It would have been obvious for the same motivation as claim 1.
Regarding claim 3, Ciaramelli as modified teaches the delivery assembly as in claim 2.
METZ further teaches:
said first connection portion and said second connection portion, in the first mounted condition, are connectable to each other by a geometric shape coupling (Figure 1, sides of housing 11 are clearly shaped such as to receive tappet housing 14).
It would have been obvious for the same motivation as claim 1.
Regarding claim 4, Ciaramelli as modified teaches the delivery assembly as in claim 1, wherein
said segment of the passage circuit present in said valve body is provided with an entry in communication with a delivery end of said filter, with an exit in communication with said delivery aperture (Figure 8 Paragraph 123, gate 7 is supported and located within receptacle outlet channel 8 between receptable 3 and delivery nozzle 17)
METZ further teaches:
said valve body is provided with an entry in communication with a delivery end of said filter (METZ Figure 1 Paragraph 44, The horizontally running channel section 22 can be arranged radially in any way, so that any configuration of the housing connection 20 and thus of the inlet channel 2 relative to the outlet channel 3 is possible; Paragraph 45, The vertical channel section 21 of the inlet channel 2 opens into an inlet opening 5, which is concentrically surrounded by a hollow cylindrical outlet opening 6; Paragraph 45, between the inlet opening 5 and the outlet opening 6 there is a circumferential web 7, the upper end face 70 of which forms the valve seat), with an exit in communication with said delivery aperture (Paragraph 45, The vertical channel section 21 of the inlet channel 2 opens into an inlet opening 5, which is concentrically surrounded by a hollow cylindrical outlet opening 6; Paragraph 45, between the inlet opening 5 and the outlet opening 6 there is a circumferential web 7, the upper end face 70 of which forms the valve seat; Paragraph 46, the outlet opening 6 merges into a horizontal outlet channel 3, which has a connection 30 on the housing side), with a first (Figures 1-2, inlet opening 5 and vertical channel 21) from said entry (Figures 1-2, channel section 22) to a first intermediate exit (Figures 1-2, exit of inlet opening 5 into area around circumferential web 7) which opens into said interception chamber (area around circumferential web 7), and with a second channel (Figures 1-2, outlet opening 6) which develops from a second intermediate entry (Figures 1-2, exit of circumferential web 7 into outlet opening 6), present in said interception chamber, to said exit (Figures 1-2, outlet channel 3).
It would have been obvious for the same motivation as claim 1.
Regarding claim 6, Ciaramelli as modified teaches the delivery assembly as in claim 1.
METZ further teaches:
in said first mounted condition, said membrane has at least one non-operating position in which it defines a passage gap of the flow of coffee beverage into said interception chamber (Figure 1, membrane allows flow) and at least one operating interception position in which it completely closes said passage gap (Paragraph 49, Figure 2 shows the valve or mixing device in the blocking state, whereby by energizing the electromagnet 9 the valve tappet 8 is pressed against the elastic membrane 4 due to the effect of the compression spring 10 and the elastic membrane 4 presses against the front face 7a of the circumferential web 7 and thus the valve seat. By adapting the surface of the front face of the valve tappet 8 and the front face 7a of the circumferential web 7, a high sealing effect is achieved, so that even at high liquid temperatures the heated liquid cannot pass from the inlet opening 5 to the outlet opening 6).
It would have been obvious for the same motivation as claim 1.
Regarding claim 7, Ciaramelli as modified teaches the delivery assembly as in claim 6.
METZ further teaches:
said membrane has a series of intermediate working positions between said non-operating position and said operating interception position defining a variable passage gap dividing the flow of the coffee beverage (Paragraph 19, distance of the tappet in relation to the diaphragm can be varied in order to vary the contact pressure of the diaphragm against the valve seat, so that the flow rate can be changed without a regulating device; Paragraph 40, a different contact pressure when closing the valve or mixing device or a variable flow opening when the valve is open to change the flow rate without regulating screw can be achieved).
It would have been obvious for the same motivation as claim 1.
Regarding claim 8, Ciaramelli as modified teaches the delivery assembly as in claim 4.
METZ further teaches:
said shutter assembly comprises a shutter element (valve tappet) provided protruding with respect to the side of the membrane facing toward the coffee beverage (Figure 2, valve tappet 8 protrudes further than at least a portion of the side of membrane 4 toward inlet opening 5) and configured to selectively obstruct said first intermediate exit when said membrane is in the operating interception position (Figure 2 shows the valve or mixing device in the blocking state, whereby by energizing the electromagnet 9 the valve tappet 8 is pressed against the elastic membrane 4 due to the effect of the compression spring 10 and the elastic membrane 4 presses against the front face 7a of the circumferential web 7 and thus the valve seat. By adapting the surface of the front face of the valve tappet 8 and the front face 7a of the circumferential web 7, a high sealing effect is achieved, so that even at high liquid temperatures the heated liquid cannot pass from the inlet opening 5 to the outlet opening 6).
It would have been obvious for the same motivation as claim 1.
Regarding claim 10, Ciaramelli as modified teaches the delivery assembly as in claim 6.
METZ further teaches:
said membrane is associated a return configured to maintain the membrane in the non-operating position (Figure 1, electromagnet 9), said actuation element being configured to selectively move said membrane at least from said non-operating position to said operating interception position (Figures 1-2 Paragraphs 34, the shaft of the valve tappet 8 and an electromagnet 9 for actuating the valve tappet 8 are arranged in the tappet housing 14; Figure 2 Paragraph 69, elastic membrane 4 is pressed onto the end face 7a of the circumferential web 7 and thus the valve seat).
It would have been obvious for the same motivation as claim 1.
Maerky further teaches:
said membrane is associated a return configured to maintain the membrane in the non-operating position (Figure 1 Paragraph 15, opposing springs define an equilibrium position for the pusher 11), said actuation element being configured to selectively move said membrane at least from said non-operating position to said operating interception position (Figure 1 Paragraphs 15-16, armature 14 is attracted towards the top and bottom face by magnetic flux; Paragraph 16, pusher 11 is secured to an armature wherein said pusher is used to push the valve 1).
It would have been obvious for the same motivation as claim 1.
Regarding claim 11, Ciaramelli as modified teaches the delivery assembly as in claim 10.
METZ further teaches:
said return is of the elastic or magnetic type (electromagnet 9).
It would have been obvious for the same motivation as claim 1.
Maerky further teaches:
said return is of the elastic or magnetic type (Figure 1 Paragraph 15, opposing springs define an equilibrium position for the pusher 11)
It would have been obvious for the same motivation as claim 1.
Regarding claim 12, Ciaramelli as modified teaches the delivery assembly as in claim 6.
METZ further teaches:
said membrane is made of elastic return material, so as to return into the non-operating position when the thrust of said actuation element ends (Paragraph 21, the elastic membrane is inserted in a circumferential groove which is arranged in such a way that the elastic membrane is curved centrally in the direction of the valve tappet in the unloaded state; Paragraph 21, the curvature of the elastic membrane creates a pre-tension).
It would have been obvious for the same motivation as claim 1.
Regarding claim 13, Ciaramelli as modified teaches the delivery assembly as in claim 6.
METZ further teaches:
a drive device configured to selectively activate the actuation element to move said membrane from said non-operating position to said operating interception position, and vice versa (Paragraph 34, the shaft of the valve tappet 8 and an electromagnet 9 for actuating the valve tappet 8 are arranged in the tappet housing 14).
It would have been obvious for the same motivation as claim 1.
Maerky further teaches:
a drive device configured to selectively activate the actuation element to move said membrane from said non-operating position to said operating interception position, and vice versa (Paragraphs 21-23, armature 14 is attracted towards the top and bottom face by means of permanent magnet 22; Paragraph 15, springs define an equilibrium position for the pusher in which the position of the valve is open; Paragraph 16, armature is moved by means of the magnetic actuator to an open or closed position)
It would have been obvious for the same motivation as claim 1.
Regarding claim 14, Ciaramelli as modified teaches the machine to deliver a coffee beverage comprising a delivery assembly as in claim 1 (See claim 1).
Regarding claim 17, Ciaramelli as modified teaches the delivery assembly as in claim 1.
ANDREIS further teaches:
the drive device selectively drives the actuation element (Paragraph 46, central control unit 42 generates a suitable train of current pulses programmed by the end user which can set the opening size of the proportional valve; Paragraph 49, a central control unit 42 is capable of modulating the actuator 24 as a function of the by directly acting on the current generator) from outside the extraction chamber (Figure 1, current generating device 32 is located outside of the main body 12).
It would have been obvious for the same motivation as claim 1.
Regarding claim 18, Ciaramelli as modified teaches the delivery assembly as in claim 17.
METZ further teaches:
drives the actuation element through a hole extending toward the inside of the second seating (Figure 2 Paragraph 40, adjusting screw controls the tappet housing and thus electromagnet 9 through the hole in housing 11 cover 11 which extends toward the inside of housing cover 11).
It would have been obvious for the same motivation as claim 1.
ANDREIS further teaches
drive device controls the position of the device (Paragraph 46, central control unit 42 generates a suitable train of current pulses programmed by the end user which can set the opening size of the proportional valve; Paragraph 49, a central control unit 42 is capable of modulating the actuator 24 as a function of the by directly acting on the current generator)
It would have been obvious for the same motivation as claim 1.
The Office further notes that the MPEP teaches that broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art. MPEP §2144.04.VI.B. In this case, having the actuation element be moved automatically by means of a drive device instead of manually by an adjusting screw is not sufficient to distinguish over prior art. Furthermore, using a controller to automatically control the distance between two components (such as is done by the adjustment screw 17) automatically in place of a user which manually does so is known in the art of beverage preparation as evidenced by Column 5 Lines 56-65 of Marogna (US 5645230 A).
Regarding claim 19, Ciaramelli as modified teaches the delivery assembly as in claim 1.
Maerky further teaches:
the actuation element extends out of the shutter assembly (Figure 1, armature 14 extends out from pusher 11).
It would have been obvious for the same motivation as claim 1.
Regarding claim 22, Ciaramelli as modified teaches the delivery assembly as in claim 1.
ANDREIS further teaches:
the drive device comprises a magnetic drive device configured to continuously vary magnetic force to position the membrane at any of the intermediate working positions (Paragraph 46, central control unit 42 generates a suitable train of current pulses programmed by the end user which can set the opening size of the proportional valve; Paragraph 49, a central control unit 42 is capable of modulating the actuator 24 as a function of the by directly acting on the current generator).
It would have been obvious for the same motivation as claim 1.
Regarding claim 23, Ciaramelli as modified teaches the delivery assembly as in claim 1.
ANDREIS further teaches:
the passage gap is adjusted, controlled, and defined proportionally on each occasion by the control unit positioning the membrane at different intermediate working positions for different operator specifications (Paragraph 46, central control unit 42 generates a suitable train of current pulses programmed by the end user which can set the opening size of the proportional valve; Paragraph 49, a central control unit 42 is capable of modulating the actuator 24 as a function of the by directly acting on the current generator).
It would have been obvious for the same motivation as claim 1.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ciaramelli (US 20140161945 A1) in view of METZ (DE 8900220 U1), Tilton (US 20190038065 A1), ANDREIS (US 20160157669 A1), and Maerky (US 20070025047 A1) as applied to claim 4 above, and further in view of Vetterli (US 5302407 A).
Regarding claim 5, Ciaramelli as modified teaches the delivery assembly as in claim 4.
METZ further teaches:
said valve body has an axis of delivery joining said entry aperture with said delivery aperture (channel section 22 is horizontal in Figure 1), in which said second channel develops in a direction inclined downward with respect to said axis of delivery (outlet opening 6 develops in a vertical direction in Figure 1 which is downward with respect to the horizontal direction of channel section 22).
It would have been obvious for the same motivation as claim 1.
While Ciaramelli as modified with METZ fails to explicitly teach that the “said valve body has an oblong development”, the MEPE teaches that mere changes in shape are not patentably distinguishable over prior art unless there exists persuasive evidence that the particular shape was significant. MPEP §2144.04.IV.B. In this case, having the valve body be of an oblong shape is not patentably distinguishable over prior art unless there exists persuasive evidence that the particular shape was significant. Furthermore, the office notes that having a valve body be of an oblong shape is well known in the art as evidenced by Figure 5 and Column 6 Line 63 – Column 7 Line 3 of Vetterli (US 5302407 A).
Claim(s) 9 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ciaramelli (US 20140161945 A1) in view of METZ (DE 8900220 U1), Tilton (US 20190038065 A1), ANDREIS (US 20160157669 A1), and Maerky (US 20070025047 A1) as applied to claims 8 and 1 above, and further in view of Rotta (US 20180360260 A1).
Regarding claim 9, Ciaramelli as modified teaches the delivery assembly as in claim 8.
Ciaramelli as modified fails explicitly teach:
said membrane and said shutter element are made in a single body.
Rotta (US 20180360260 A1) teaches a valve system in an apparatus for preparing beverages, wherein:
said membrane and said shutter element are made in a single body (Claim 12, the open/close element and the membrane element are made of a single piece).
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Ciaramelli with Rotta and have the membrane and the shutter element be made as a single body. This would have been done to reduce the number of steps needed during disassembly and for obvious engineering choice.
The Office further notes that the MPEP teaches that the use of one-piece construction instead of a separate structure would be merely a matter of obvious engineer choice. MPEP §2144.04.V.B. In this case, having the membrane and the shutter element be made of a single body instead of two separate bodies would merely be a matter of obvious engineer choice.
Regarding claim 21, Ciaramelli as modified teaches the delivery assembly as in claim 1.
Maerky further teaches:
the actuation element and the shutter element are integrally formed as a single body (Paragraph 16, pusher is secured to an armature) to enable direct control of membrane position among the intermediate working positions (Paragraphs 15-16, armature 14 is attracted towards the top and bottom face by magnetic flux; Paragraph 16, pusher 11 is secured to an armature wherein said pusher is used to push the valve 1)
It would have been obvious for the same motivation as claim 1.
The Office further notes that the MPEP teaches that the use of one-piece construction instead of a separate structure would be merely a matter of obvious engineer choice. MPEP §2144.04.V.B. In this case, having the actuation element and shutter element be made of a single body instead of bodies secured together would merely be a matter of obvious engineer choice.
Ciaramelli as modified fails explicitly teach:
the actuation element and the shutter element are integrally formed as a single body with the membrane
Rotta (US 20180360260 A1) teaches a valve system in an apparatus for preparing beverages, wherein:
the actuation element and the shutter element are integrally formed as a single body with the membrane (Claim 12, the open/close element and the membrane element are made of a single piece).
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Ciaramelli with Rotta and have the membrane and the shutter element be made as a single body. This would have been done to reduce the number of steps needed during disassembly and for obvious engineering choice.
The Office further notes that the MPEP teaches that the use of one-piece construction instead of a separate structure would be merely a matter of obvious engineer choice. MPEP §2144.04.V.B. In this case, having the membrane and the shutter element be made of a single body instead of two separate bodies would merely be a matter of obvious engineer choice.
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ciaramelli (US 20140161945 A1) in view of METZ (DE 8900220 U1), Tilton (US 20190038065 A1), and Girard (US 20060000851 A1) as applied to claim 8 above, and further in view of Trosch (US 3802462 A).
Regarding claim 24, Ciaramelli as modified teaches the delivery assembly as in claim 1.
Ciaramelli as modified fails to teach:
the valve body and shutter assembly are connected via a tool-free coupling mechanism configured to enable separation without specialized tools for cleaning operations.
Trosch (US 3802462 A) teaches a remotely or manually operable membrane valve, wherein:
the valve body and shutter assembly are connected via a tool-free coupling mechanism configured to enable separation without specialized tools for cleaning operations (Column 2 Lines 12-17, upper housing is screwed to lower housing portion by means of screws; Column 2 Lines 22-25, center of the membrane 1 is removably coupled by a molded-in screw 50 to connect with the pressure cap 3).
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Ciaramelli with Trosch and have the valve body and shutter assembly be connected by means of screws. This would have been done as using screws is a well-known and non-specialized method of separation in the art.
The Office further notes that the MPEP teaches that the use of one-piece construction instead of a separate structure would be merely a matter of obvious engineer choice. MPEP §2144.04.V.B. In this case, having the valve body and shutter assembly be connected via screws without need of specialized tools would merely be a matter of obvious engineering choice.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANKLIN JEFFERSON WANG whose telephone number is (571)272-7782. The examiner can normally be reached M-F 10AM-6PM (E.S.T).
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/F.J.W./Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761