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 have been fully considered and are persuasive with respect to the prior presented rejections. However, it is still believed the cited prior art under a new interpretation applies to the amended claims.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05/12/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7-9 and 14-18 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 7-9 and 18
The claim introduces the term “concave shape” with respect to the bottom wall which is already required to have a “concave portion” thus it is unclear if this is the same concavity or an additionally introduced concavity. Based on the specification it appears these are intended to be the same concavity.
Regarding claim 9
The term “horizontal axis” is indefinite as claim 1 includes already requires “longitudinal axis” and in the specification the horizontal/longitudinal axis both pertain to the same structure (i.e. 133a). As such it is unclear whether this is intended to refer to the same axis or if two axes are introduced in the claims.
Regarding claims 14-17
The “U-shape” as discussed in claims 14-17 is necessarily a concavity and is disclosed as such in the specification. However, claim 1 already includes a “concave portion.” As such it is unclear if the “u-shape” is apart from the prior recited concavity of claim 1 or is simply further defining the shape of the concavity. For the purpose of examination it is considered that the “concave portion” is the “u-shape”.
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 1-9, 11-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Moon (US 11,470,998 B2), and further in view of Westra (US 8,122,814 B2).
PNG
media_image1.png
625
887
media_image1.png
Greyscale
Regarding claim 1, 7, 8, 14, 15 and 18 Moon teaches a beverage machine comprising (abstract): a liquid supply arranged to provide a liquid for forming a beverage (reservoir 12); a dispensing station arranged to dispense heated liquid for a beverage (pod retention module 70); and a heater tank (water tank 16) having an inlet arranged in a central portion of a bottom wall of the heater tank to receive liquid from the liquid supply (water inlet 50) , and an outlet arranged to provide heated liquid to the dispensing station (water line 24, see annotated image of Fig. 1 above), the heater tank (water tank 16) having a chamber to hold liquid (pod retention module 70), in the chamber arranged to heat liquid in the chamber (pod retention module 70) and a heating element (heating element 18).
Except wherein, Moon does not teach the heating element having a coil with a longitudinal axis arranged horizontally in bottom of the heater tank, wherein the ends of the coil extend through the bottom of the tank.
Westra teaches the beverage machine having a electrically resistive heating element (32), wherein the heating element is arranged at the bottom of the tank (30) and is a coil have more than three loops with a longitudinal axis arranged horizontally in the heater tank (Figure 1). First and second ends of the coil extend through the bottom of the tank (30). Westra also teaches: wherein the bottom wall comprises a concave portion (see annotated Fig. below) extending along a length of the bottom wall (Fig. below) and wherein the longitudinal axis of the coil extends along the length of the concave portion (partial length as shown) such that a concavity of the concave portion faces towards the longitudinal axis of the coil in a plane perpendicular to the longitudinal axis of the coil (shown in annotated Fig. below, in plane into and out of page). With respect to claims 14 and 15 is noted the concavity is U-shaped in cross-section. With respect to claim 18 the concavity is in a direction (across the page) which is parallel to the longitudinal axis of the coil. With respect to claim 7 the limitations are annotated below and claims 8 and 18 are shown in as far as they are definite and the concave shape is taken to be equivalent to the “concave portion” (see rejection under 35 USC §112b).
PNG
media_image2.png
521
604
media_image2.png
Greyscale
Because Moon is silent as to the type of heating element utilized and any concave shape of the tank in which it is placed and Westra teaches a known type of heating element (electrically resistive coil) and concave/U-shaped tank it would have been obvious to one of ordinary skill in the art before the effective filing date to construct the heating element of Moon as an electrically resistive coil that extends horizontally along the bottom of the heating tank and enters and exits the bottom of the heating tank which has a concave/U-shape as claimed via a pair of ends as identified by Westra in an attempt to improve the device in terms of reliability and useability by utilizing a known construction type for the heating element. The claim would have been obvious because the technique for improving a particular class of devices was part of the ordinary capabilities of a person of ordinary skill in the art and their combination would have been nothing more than a simple substitution of the generic recitation of a heating element in Moon for the specific and predictable shaping and arrangemenet of Westra.
Regarding claim 2, the combination of Moon and Westra teach the machine of claim 1. Additionally, the combination of Moon and Westra teaches the coil of the heating element is arranged as a helical coil having at least three turns (see heating element 32 in Figure 1 of Westra).
Regarding claim 3, the combination of Moon and Westra teach the machine of claim 1. Additionally, the combination of Moon and Westra teaches the heating element (Westra heating element 32) has a pair of ends that extend through the bottom wall of the heater tank (30; Figure 1).
Regarding claim 4, the combination of Moon and Westra teaches the machine of claim 1. Additionally, the combination of Moon and Westra teaches the heating element is an electrical resistance heating element (heating element 32, this is taught in combination with Moon, Westra Col. 7 lines 2-5).
Regarding claim 5, the combination of Moon and Westra teach the machine of claim 1. Additionally, Moon teaches the beverage machine wherein the inlet (water inlet 50). The combination of Moon and Westra teaches the inlet is arranged to direct liquid into the chamber in a direction directly toward an exterior side of the coil of the heating element (Westra: heating element 32, only the exterior of the coil is in contact with the water in the tank).
Regarding claim 6, the combination of Moon and Westra teach the machine of claim 1. Additionally, Moon teaches the beverage machine wherein the inlet (water inlet 50). The combination of Moon and Westra teaches the beverage machine wherein the inlet is arranged to direct liquid toward the coil of the heating element in a direction perpendicular to the longitudinal axis of the heating element (Westra: heating element 32, the inlet of Moon is at the center and the coil of Westra extends above the center).
Regarding claim 9, the combination of Moon and Westra teaches the beverage machine of claim 8. Additionally, the combination of Moon and Westra teaches the beverage machine wherein the horizontal axis of the coil of the heating element extends along a length of the central portion (Westra: Fig. 1 heating element 32).
Regarding claim 11, Moon and Westra teach the machine of claim 1. Additionally, Moon teaches the beverage machine wherein the dispensing station includes a brew chamber arranged to hold a beverage material for mixing with the liquid to form a beverage (Fig. 1 pod retention module 70).
Regarding claim 12, Moon and Westra teaches the machine of claim 1. Additionally, Moon teaches the beverage machine wherein the liquid supply includes a pump and the liquid supply is arranged such that the pump selectively pumps liquid to inlet of the heater tank (water pump 58, water inlet 50).
Regarding claim 13, Moon and Westra teach the machine of claim 12. Additionally, Moon teaches the beverage machine wherein the heater tank (water tank 16) is arranged such that delivery of liquid to the inlet of the heater tank causes liquid to exit the heater tank via the outlet (water inlet 50, water line 24).
Regarding claim 16, the combination of Moon and Westra teach the machine of claim 15. Additionally, the combination of Moon and Westra teaches the beverage machine wherein the inlet is arranged at a bottom of the Ushaped trough (Westra: boiler 30, heating element 32).
Regarding claim 17, the combination of Moon and Westra teaches the machine of claim 15. Additionally, the combination of Moon and Westra teaches the beverage machine wherein the heating element has a pair of ends that extend through the bottom wall of the heater tank (Westra: Fig. 1, heating element 32, boiler 30).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Moon (US 11,470,998 B2) and Westra (US 8,122,814 B2) and further in view of Rezeki (US 2011/0200719 A1).
Regarding claim 10, the combination of Moon and Westra teaches the machine of claim 1.
Except wherein, the combination of Moon and Westra do not teach, further comprising a low water probe arranged in the heater tank to detect if insufficient water is in the chamber for operation of the heating element, or a tank empty probe arranged in the heater tank to detect if the chamber is empty of water.
Rezeki teaches, further comprising a low water probe arranged in the heater tank to detect if insufficient water is in the chamber for operation of the heating element, or a tank empty probe arranged in the heater tank to detect if the chamber is empty of water (low water level sensor 123).
Moon, Westra and Rezeki are analogous since both are machines that heat beverages.
It would be obvious for one of ordinary skill of the art before the effective filing date to add a probe to Moon’s device so that the user will be aware if there is enough water to heat. This improvement allows the user to not damage the invention by trying to use the machine empty and also let the user know when it is time to refill the beverage device with water.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WOODY A LEE JR whose telephone number is (571)272-1051. The examiner can normally be reached Monday - Friday 0800-1630.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edward "Ned" Landrum can be reached at 571-272-5567. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/WOODY A LEE JR/Primary Examiner, Art Unit 3761
Prosecution Insights