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 .
This is a second non-final due to additional issues have been addressed in previous Office Action.
Specification
The disclosure is objected to because of the following informalities:
“The wrapper 30 can be a single piece that is unattached to any other component of the pod 12” [0049 of instant application]. However, it is unclear as to how the wrapper 30 can be unattached any other component of the pod 12. Fig.25 shows wrapper 30 is unattached to the holder 32. However, the wrapper cannot be floated in the air without attached to anything. Currently, specification does not provide sufficient written description to explain as to how the wrapper can be unattached to the holder. Examiner noted that if wrapper 30 is unattached to any other component of the pod 12 meaning that it is neither in direct contact nor indirect contact with the pod 12. Thus, it is not understood as to how the wrapper can be unattached to any other component such as the holder 32 as shown in fig.25. Both specification and drawing does not provide any other details to explain as to how the wrapper 30 can be unattached to pod 12 such as the holder 32 of the pod 12. The wrapper 30 merely surround the holder 32 while in use with coffee machine so that, by the gravity, the wrapper 32 must in contact with a component of the pod 12. That is, nothing in the specification and drawing teaches or suggest as to how wrapper 32 can be unattached to the pod 12.
Appropriate correction is required.
Claim Objections
Claims 15-35 are objected to because of the following informalities:
(1) Claim 15 recites “a wrapper fully enclosing the holder, the wrapper defining an exterior of the pod an unattached to the holder” and Claim 27 recites “a wrapper fully enclosing the holder, the wrapper defining an exterior of the at least one pod an unattached to the holder”. As noted in the specification objection above. It is unclear as to how the wrapper 30 can be unattached any other component of the pod. Fig.25 shows wrapper 30 is unattached to the holder 32. However, the wrapper cannot be floated in the air without attached to anything. Currently, specification does not provide sufficient written description to explain as to how the wrapper can be unattached to the holder. Examiner noted that if wrapper 30 is unattached to any other component of the pod 12 meaning that it is neither in direct contact nor indirect contact with the pod 12. Thus, it is not understood as to how the wrapper can be unattached to any other component such as the holder 32 as shown in fig.25. Both specification and drawing does not provide any other details to explain as to how the wrapper 30 can be unattached to pod 12 such as the holder 32 of the pod 12. The wrapper 30 merely surround the holder 32 while in use with coffee machine so that, by the gravity, the wrapper 32 must in contact with a component of the pod 12. That is, nothing in the specification and drawing teaches or suggest as to how wrapper 32 can be unattached to the pod 12.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 15-35 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 15 recites “the at least one pod comprising: a holder, a wrapper fully enclosing the holder, the wrapper defining an exterior of the pod and unattached to the holder”. It is not understood as to how the wrapper unattached holder if the holder is enclosed by the wrapper. Examiner noted that para.0048 states “The pod 12 can include three separate parts, a wrapper 30, a holder 32, and a pouch 34” and para.0049 of specification states “The wrapper 30 can be formed from a film 33 made from materials traditionally used to package food, i.e. flexible films. It is further contemplated that a plant-based flexible film can be used to wrap the holder 32 when the pod 12 is fully formed, i.e. the pouch 34 is received within the holder 32 which is wrapped in the wrapper 30. The wrapper 30 can be a single piece that is unattached to any other component of the pod 12. This allows for selection and engineering of the film 33 material independently without affecting any other components since they are not joined. The wrapper 30 forms a completely sealed enclosure that creates a barrier from air, light and moisture”. Then, it is not understood as to how the wrapper 30 can be unattached any other component of the pod. Fig.25 shows wrapper 30 is unattached to the holder 32. However, the wrapper cannot be floated in the air without attached to anything. Currently, specification does not provide sufficient written description to explain as to how the wrapper can be unattached to the holder. Examiner noted that if wrapper 30 is unattached to any other component of the pod 12 meaning that it is neither in direct contact nor indirect contact with the pod 12. Thus, it is not understood as to how the wrapper can be unattached to any other component such as the holder 32 as shown in fig.25.
Claim 27 recites “at least one pod with a holder and a wrapper fully enclosing the holder, the wrapper defining an exterior of at least one pod and unattached to the holder”. It is not understood as to how the wrapper unattached holder if the holder is enclosed by the wrapper. Examiner noted that para.0048 states “The pod 12 can include three separate parts, a wrapper 30, a holder 32, and a pouch 34” and Para.0049 of specification states “[0049] The wrapper 30 can be formed from a film 33 made from materials traditionally used to package food, i.e. flexible films. It is further contemplated that a plant-based flexible film can be used to wrap the holder 32 when the pod 12 is fully formed, i.e. the pouch 34 is received within the holder 32 which is wrapped in the wrapper 30. The wrapper 30 can be a single piece that is unattached to any other component of the pod 12. This allows for selection and engineering of the film 33 material independently without affecting any other components since they are not joined. The wrapper 30 forms a completely sealed enclosure that creates a barrier from air, light and moisture”. Then, it is not understood as to how the wrapper 30 can be unattached any other component of the pod. Fig.25 shows wrapper 30 is unattached to the holder 32. However, the wrapper cannot be floated in the air without attached to anything. Currently, specification does not provide sufficient written description to explain as to how the wrapper can be unattached to the holder. Examiner noted that if wrapper 30 is unattached to any other component of the pod 12 meaning that it is neither in direct contact nor indirect contact with the pod 12. Thus, it is not understood as to how the wrapper can be unattached to any other component such as the holder 32 as shown in fig.25.
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 15-35 are 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.
Claim 15 recites “the at least one pod comprising: a holder, a wrapper fully enclosing the holder, the wrapper defining an exterior of the pod and unattached to the holder”. It is unclear as to how the wrapper 30 can be unattached any other component of the pod. Does that mean the wrapper floating in the air without attached the pod including holder?
Claim 27 recites “at least one pod with a holder and a wrapper fully enclosing the holder, the wrapper defining an exterior of at least one pod and unattached to the holder”. It is unclear as to how the wrapper unattached holder if the holder is enclosed by the wrapper. Does that mean the wrapper floating in the air without attached the pod including holder?
Allowable Subject Matter
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Claims 1-6 and 8-14 are allowed.
The allowability cannot be determined with respect to claims 15-35 due to 35 USC 112 1st, 35 USC 112 2nd, specification objection and claim objection.
Response to Arguments
Applicant's arguments filed on 11/17/2025 have been fully considered but they are not persuasive.
(1) Applicant argues “drawings … the drawing stand objected to for allegedly not showing that the at least one pod comprising a holder, a wrapper fully enclosing the holder, the wrapper defining an exterior of the at least one pod and unattached to the holder …” on pages 6-7 of remark.
In response, examiner respectfully disagrees. However, examiner will withdraw drawing objection because it should be specification objection and 112 rejections. First, the drawings show this feature (e.g., fig.25), however, it does not make any sense that the wrapper floating in the air unattached to holder (see fig.25). There is nothing in the original specification teach or suggest as to how the components may touch or be in direct contact with each other without being attached and or joined together.
(2) Applicant argues “35 USC 112 (a) … With regards to claims 15 and 27, the Examiner states that “it is not understood as to how the wrapper unattached holder if the holder is enclosed by the wrapper.” (Office Action pg. 4). The Examiner goes on to state that “Para. 0049 does not teach or suggest as to how the wrapper unattached to any other component of the pod.” (Office Action pg. 5). Applicant respectfully disagrees. In addition to paragraph [0049], Applicant points to paragraph [0053] of the specification: It should be understood that each of the wrapper 30, holder 32, and pouch 34 of the assembled pod 12 are separate from each other. In manufacturing of the pod 12 it is beneficial that each part is easily manufactured separately and then assembled together without requiring joining between the three parts to form the pod 12. Furthermore, the cuboid shape enables simple molds and parts for manufacturing. More specifically, the parts can be manufactured from sheet material rather than requiring thermoformed plastic parts. No components of the assembly are joined to each other. All components of the pod are completely contained within, and not attached to, the wrapper 30. More specifically, when assembled, the holder 32 is completely contained within the wrapper 30 at all times, even during the brewing operation. Further, the pod 12 as described herein requires zero molded plastic parts. The wrapper 30 forms a barrier to keep the beverage material 40 fresh. Simultaneously the wrapper 30 is also the component that contains the flow of water during the brewing process. Therefore, a single component is utilized to keep internal ingredients fresh and contain water flow inside the pod during the brewing operation.
By way of example, a wrapper can be placed around a product and removed from the product without physically detaching the wrapper from the product”.
In response, examiner respectfully disagrees because there is nothing in the original specification teach or suggest as to how “a wrapper fully enclosing the holder, the wrapper defining an exterior of the pod is unattached to the holder”. The [0053] of instant application merely describes in manufacturing of the pod 12, without requiring joining between the three parts to form the pod and no components of the assembly are joined to each other (hence, if structure A wrap around structure B does not mean structure A has no contact with structure B). Para.0053 does not suggest as to how a rapper fully enclosing the holder, and the exterior of the pod is unattached to the holder. As best understood, the wrapper cannot be floated in the air without attached to anything. Currently, specification does not provide sufficient written description to explain as to how the wrapper can be unattached to the holder. Examiner noted that if wrapper 30 is unattached to any other component of the pod 12 meaning that it is neither in direct contact nor indirect contact with the pod 12. Thus, it is not understood as to how the wrapper can be unattached to any other component such as the holder 32 as shown in fig.25. Both specification and drawing donot provide any other details to explain as to how the wrapper 30 can be unattached to pod 12 such as the holder 32 of the pod 12. The wrapper 30 merely surround the holder 32 while in use with coffee machine so that, by the gravity, the wrapper 32 must in contact with a component of the pod 12. That is, nothing in the specification and drawing teaches or suggest as to how wrapper 32 can be unattached to any components of a pod 12.
Applicant argues “35 USC 102 …” on page 8-11 of remark.
In response, applicant’s argument has been considered. 35 USC 102 rejections. has been withdrawn.
Examiner noted that claims 15-35 are rejected under 35 USC 112 rejections are maintained.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIMMY CHOU whose telephone number is (571)270-7107. The examiner can normally be reached Mon-Friday.
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/JIMMY CHOU/Primary Examiner, Art Unit 3761