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 .
Response to Arguments
Applicant’s arguments, see pages 7-12 of the Remarks, specifically page 11, 3rd paragraph: "has not shown where Roberts teaches the features "wherein ... a cartridge receptacle connected to the cartridge", filed 09/29/2025, with respect to the rejection(s) of claim(s) 1 under Roberts have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Roberts in view of Cardoso (2014/0037802).
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.
Claims 1, 5-7, 14-24, and 40 are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0042258 by Roberts et al. (“Roberts”) in view of US 2014/0037802 by Cardoso (“Cardoso”).
Regarding claim 1, Roberts teaches a cartridge system for producing a beverage (Para. [0013]), wherein the cartridge system can be inserted into a beverage preparation machine (Paras. [0013]-[0014], Fig. 4A), wherein the cartridge system has a cartridge (Para. [0129]: receptacle 110, Figs. 1A-1E), which comprises a reservoir (Para. [0129]: “receptacle defines a cavity for packaging of the frozen liquid contents 120”) filled with a beverage substance (Para. [0129]: “frozen liquid contents 120”), wherein the cartridge system comprises an identification means comprising an identification element for identifying the cartridge system in the beverage preparation machine (Paras. [0371]-[0374]), and wherein the identification element is arranged within the reservoir and/or the mixing chamber (Para. [0380]: “a communication system utilizing electromagnetic sensors in the dispenser and compatible electromagnetic labels embedded in the receptacles”),
Roberts does not expressly disclose a cartridge receptacle connected to the cartridge, wherein the cartridge receptacle comprises a mixing chamber that can be brought into fluid connection with the reservoir and a fluid feed opening into the mixing chamber.
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However, Cardoso teaches a cartridge system for producing a beverage (Fig. 1, para. [0007]: “a cartridge for the preparation of beverages”), wherein the cartridge system has a cartridge (Fig. 1, para. [0025]: “cartridge 100”), which comprises a reservoir (Fig. 1, para. [0025]: “first portion 115”) filled with a beverage substance (Para. [0025]: “pod 140 containing a powder, grounds, or other substance from which beverage may be extracted”), and a cartridge receptacle connected to the cartridge (Para. [0026]: “separating element 120”), wherein the cartridge receptacle comprises a mixing chamber (Para. [0026]: “second portion 116”) that can be brought into fluid connection with the reservoir and a fluid feed opening into the mixing chamber (Para. [0032]: “separating element 120 permits fluid communication from the first portion 115 to the second portion 116 of the interior space 114”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the beverage making system of Roberts with the cartridge design of Cardoso. One of ordinary skill would have been motivated to include such features in order to utilize a cartridge that reduces the risk of damage to the interior pod while also lower manufacturing costs (Paras. [0004]-[0005]).
Regarding claim 5, Roberts further teaches wherein the identification means is arranged along a longitudinal axis of the cartridge system between the reservoir and the mixing chamber (Fig. 8, para. [0150]: “wherein there are “keying feature” 620 or 621 … and can also be of use in identifying the contents or family of products used to fill the receptacle”).
Regarding claim 6, Roberts further teaches wherein the identification element is connected to the cartridge, the cartridge receptacle, and/or a neck of the cartridge in a force-fitting, material-fitting, and/or form-fitting manner (Para. [0151]: “this locking feature resembles a conformateur as used by a master hatter years ago to carefully measure the shape of a body, such as a head … the receptacle’s shape acts like a key and informs the dispenser of certain go/no go conditions … the shape of the receptacle to identify a corresponding recipe for use with the frozen contents of the receptacles”, para. [0383]: “this sensor method is enabled using specific geometry formed into the receptacle”).
Regarding claim 7, Roberts further teaches wherein the identification element is integrally connected to and/or is integrated into the cartridge, the cartridge receptacle, and/or a neck of the cartridge (Para. [0380]: “a communication system utilizing electromagnetic sensors in the dispenser and compatible electromagnetic labels embedded in the receptacles”).
Regarding claim 14, Roberts further teaches wherein the beverage substance acts as the identification means (Para. [0380]: “a probe could be used to pierce the receptacle and identify the contents based on spectrometry, chromatography, or other known techniques to identify compositional features”).
Regarding claim 15, Roberts further teaches wherein the cartridge receptacle comprises a compressed-air connection opening into the reservoir for introducing compressed air into the reservoir (Para. [0432]: “the dispenser incorporates and adjusts the use of air to be co-injected with the diluting liquid as a supplement to the diluting and/or melting liquid added to the receptacle to improve mixing of the contents and the efficiency of liquefication”).
Regarding claim 16, Roberts further teaches a beverage preparation machine for producing a beverage (Figs. 4A and 4B, paras. [0143] and [0144]), in which the cartridge system according to claim 1 can be inserted (Para. [0143]), wherein the beverage preparation machine comprises a retaining unit (cassette 430), in which the cartridge receptacle connected to the cartridge can be inserted (Para. [0143]: “[o]nce loaded with a single receptacle, the cassette 430 can be slid into place, with the receptacle passing through a clearance tunnel 435 until it is centered on the main system body 410”).
Regarding claim 17, Roberts further teaches wherein the retaining unit comprises at least one contact element contacting the identification means of the cartridge system to determine at least one physical parameter of the identification means for identifying the cartridge system (Para. [0373]: “[t]he receptacle may alternatively include electrically resistive printing that defines what beverage it contains … probes mounted in the dispenser contact the paint to read the resistance”).
Regarding claim 18, Roberts further teaches wherein the beverage preparation machine comprises a measuring unit connected to the at least one contact element for measuring electrical resistance and/or electrical conductivity of the identification means (Para. [0373]: “[t]he receptacle may alternatively include electrically resistive printing that defines what beverage it contains … probes mounted in the dispenser contact the paint to read the resistance”).
Regarding claim 19, Roberts further teaches wherein the contact element comprises a piercing tip which pierces a wall of the cartridge system to contact the identification means when measuring the at least one physical parameter (Para. [0380]: “a probe could be used to pierce the receptacle and identify the contents based on spectrometry, chromatography, or other known techniques to identify compositional feature”).
Regarding claim 20, Roberts further teaches wherein the beverage preparation machine comprises a fluid source for feeding a fluid into the fluid feed and a compressed-air source for blowing compressed air into a compressed air connection (Figs. 35A and 35B, paras. [0205]-[0207]: “fluid pumps 3551 and 3552, and separate air pumps 3521 and 3522”).
Regarding claim 21, Roberts further teaches wherein the retaining unit comprises a release element for transferring a piercing means of the cartridge receptacle from a retracted position to an extended position (Figs. 12A and 12B, para. [0159]).
Regarding claim 22, Roberts further teaches wherein the retaining unit comprises a fastening flange (Fig. 13A, receiver cover 1303) which engages around the cartridge receptacle in a form-fitting and/or force-fitting manner during or after insertion into the retaining unit (Fig. 13A, para. [0160]: “a dispenser designed to receive the receptacle so that the sidewalls of the receptacle 1310 are in close contact with the walls of the receiver 1301 and the flange of the receptacle is supported by tray 1302 … the dispenser will capture and seat that receptacle in the close-fitting tray 1302 and receiver 1301”).
Regarding claim 23, Roberts further teaches wherein the contact element is integrated into the fastening flange (Paras. [0162] and [0163]: “closing of the receiver cover 1303, one or more spring-loaded supply needles 1304 penetrate the top lid of the receptacle”).
Regarding claim 24, Roberts further teaches a system comprising a beverage preparation machine as claimed in claim 16 (the teachings of Roberts has been discussed above) and a cartridge system insertable into the retaining unit (Para. [0143]).
Regarding claim 40, Roberts further teaches wherein the identification
element is stuck, welded, latched, and/or pressed to the cartridge, the cartridge
receptacle, and/or the neck of the cartridge (Para. [0373]: “[t]he receptacle may include a barcode, QR code, marking, image, number, other type of glyph, patterns, external markings, RFID tags, magnetic strips, or other machine-readable labels using the appropriate sensors to convey information about the frozen content or receptacle to the dispenser”).
Claims 2, 9, 39, and 41 are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0042258 by Roberts et al. (“Roberts”) in view of US 2014/0037802 (Cardoso) in further view of US 2015/0272393 by Ochoa et al. ("Ochoa”).
Regarding claims 2 and 39, Roberts teaches wherein the identification means comprises a coating, and the coating is in a form of a lacquer, an imprint, or a foil (Para. [0373]: “[t]he receptacle may alternatively include electrically resistive printing that defines what beverage it contains … probes mounted in the dispenser contact the paint to read the resistance”) but does not expressly disclose it being on an inner surface of the cartridge and/or the cartridge receptacle.
However, Ochoa teaches a beverage mixing system (Abstract) with a cartridge (module) identification system (Para. [0012]) wherein the identification means on an inner surface of the cartridge and/or the cartridge receptacle (Para. [0076]: “[t]he housing 130 can include one or more optional module identifiers 149 on the outer surface 135a, the inner surface 135b, or in-between”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the beverage cartridge identification system of Roberts and Cardoso with the additional feature of utilizing an inner surface as taught by Ochoa. One of ordinary skill would have been motivated to include such a feature in order to provide added protection to the identification means in order to “prevent intentional or inadvertent improper ingestion of pharmaceuticals or dispensation to the wrong individual” (Para. [0012]).
Regarding claim 9, Roberts further teaches wherein the identification means is an optically readable code (Para. [0373]), but does not expressly disclose it arranged on an inside of an at least partially optically transparent wall of the reservoir or the mixing chamber.
However, Ochoa teaches wherein the identification means is an optically readable code (Para. [0076]), arranged on an inside (Para. [0076]: module identifier 149 on inner surface 135b) of an at least partially optically transparent wall of the reservoir or the mixing chamber (Para. [0075]: “[t]he housing 130 can be transparent”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the beverage identification system of Roberts and Cardoso with the transparent housing and inner surface identifier as taught by Ochoa. One of ordinary skill would have been motivated to include such a feature in order to provide added protection to the identification means in order to “prevent intentional or inadvertent improper ingestion of pharmaceuticals or dispensation to the wrong individual” (Para. [0012]).
Regarding claim 41, Roberts further teaches, wherein the optically readable
code is a one- or multi-dimensional barcode, a pattern, or a hologram (Para. [0373]: “may include a barcode, QR code, marking, image, number, other type of glyph, patterns”).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL W HATTEN whose telephone number is (703)756-1362. The examiner can normally be reached M-F 9-5 (EST).
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/DANIEL WARD HATTEN/Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761