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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: [00045]; “arrow 314”. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: Fig. 10; ”1000”. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
In addition to Replacement Sheets containing the corrected drawing figure(s), applicant is required to submit a marked-up copy of each Replacement Sheet including annotations indicating the changes made to the previous version. The marked-up copy must be clearly labeled as “Annotated Sheets” and must be presented in the amendment or remarks section that explains the change(s) to the drawings. See 37 CFR 1.121(d)(1). Failure to timely submit the proposed drawing and marked-up copy will result in the abandonment of the application.
Specification
The disclosure is objected to because of the following informalities:
[00052]; “pump interior volume 222” should read “pump interior volume 215”
[00052]; “pump volume 402” should read “pump interior volume 215”
[00057]; “the pump 210” should read “the pump body 211”
[00067]; “the brewing chamber 250” should read “the brewing chamber 230”
[00078]; “SPMS 210” should read “SPMS 240”
[00072]; “electronic control 250 system” should read “electronic control system 250”
Appropriate correction is required.
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
[00042]; “the heating element 221” should read “a heating element 221”
35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, requires the specification to be written in “full, clear, concise, and exact terms.” The specification is replete with terms which are not clear, concise and exact. The specification should be revised carefully in order to comply with 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112. Examples of some unclear, inexact or verbose terms used in the specification are:
Brewing System 100
[00045]; “assembly 100” should read “brewing system 100”
[00047]; “system 100” should read “brewing system 100”
[00051], Lines 2, 6; “device 100” should read “brewing system 100”
[00055]; “device 100” should read “brewing system 100”
[00060]; “device 100” should read “brewing system 100”
[00072]; “brewing device 100” should read “brewing system 100”
Pump Body 211
[00059]; “heat body 211” should read “pump body 211”
[00060]; “body 211” should read “pump body 211”
Pump Piston 212
[00042], Lines 1, 3, 5, 7; “piston 212” should read “pump piston 212”
[00043], Lines 3, 8; “piston 212” should read “pump piston 212”
[00045]; “piston 212” should read “pump piston 212”
[00052]; “piston 212” should read “pump piston 212”
[00043]; “piston pump 212” should read “pump piston 212”
[00059], Lines 7, 9-11; “pistons 212a-n” should read “pump pistons 212a-n”
[00059]; “pistons 212” should read “pump pistons 212”
Pump Bores 214
[00059]; “pump bores 212” should read “pump bores 214”
[00060]; “piston bores 214” should read “pump bores 214”
Pump Interior Volume 215
[00042]; “internal volume 215” should read “pump interior volume 215”
[00059]; “internal volume 215” should read “pump interior volume 215”
[00042]; “pump interior 215” should read “pump interior volume 215”
[00045]; “interior volume 215” should read “pump interior volume 215”
[00046]; “pump volume 215” should read “pump interior volume 215”
[00048]; “pump volume 215” should read “pump interior volume 215”
[00053]; “volume 215” should read “pump interior volume 215”
[00055], Lines 4-5; “volume 215” should read “pump interior volume 215”
[00066]; “internal pump volume 215” should read “pump interior volume 215”
Flow Regulator 241
[00052], Lines 9, 14; “flow control valve 241” should read “flow regulator 241”
[00068]; “pressure regulation component 241” should read “flow regulator 241”
[00067], Lines 3, 7, 9; “valve 241” should read “flow regulator 241”
[00068], Lines 2-4, 9; “valve 241” should read “flow regulator 241”
[00069], Lines 1-2, 7, 9; “valve 241” should read “flow regulator 241”
[00070]; “valve 241” should read “flow regulator 241”
Infusion Pressure Sensor 242
[00067]; “pressure monitoring device 242” should read “infusion pressure sensor 242”
[00069], Lines 6, 9; “pressure monitoring device 242” should read “infusion pressure sensor 242”
Pump-Valve Conduit 301
[00048]; “conduit 301” should read “pump-valve conduit 301”
[00067]; “conduit 301” should read “pump-valve conduit 301”
Infusion Vent Valve 307
[00049], Lines 7-8; “vent valve 307” should read “infusion vent valve 307”
[00050], Lines 3-5; “vent valve 307” should read “infusion vent valve 307”
[00051], Lines 4, 6, 8; “vent valve 307” should read “infusion vent valve 307”
[00052]; “vent valve 307” should read “infusion vent valve 307”
[00053], Lines 2, 4-5; “vent valve 307” should read “infusion vent valve 307”
Appropriate correction is required.
Claim Objections
Claim 8 is objected to because of the following informalities:
Claim 8, Line 2; “the pump drive system, , and the selective outflow valve” it is unclear if there should be another item in the list between the commas or if the sentence should read “the pump drive system and the selective outflow valve”
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitations use a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are:
Claim 1, Line 6; “pump drive system”
Claim 8, Line 2; “electronic control system”
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
Regarding Claim 1, Line 6; “pump drive system”, the specification provides corresponding structural detail in [00040]; "movement of the pump piston 212 is controlled by pump drive system 218 which, in the embodiment shown in FIG. 2, is depicted as a motor driven ball screw linear actuator controlled by the control system 250", and further in [00041]; "the pump drive system 218 may alternately be composed of a multitude of operable equivalent mechanisms, including but not limited to linear motors, hydraulic or pneumatic pistons, mechanical levers or the like".
Regarding Claim 8, Line 2; “electronic control system”, the specification provides corresponding structural detail in [00072]; "the parameters required to produce said preferred beverage may be stored as programs or brewing formulas in control system 250 and recalled as desired to reproduce and replicate the preferred beverage formula".
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of U.S. Patent No. 11,266,265 B2.
Although the claims at issue are not identical, they are not patentably distinct from each other because they effectively describe the same invention with nearly identical claim language, but attempt to change the scope of the claimed invention by placing a flow control valve originally included in independent Claim 1 of the issued patent, in follow-up dependent Claims 12-13 of the instant application. A side-by-side comparison of the claims is provided below wherein the italicized text in Claim 1 continues the comparison between the instant application and the issued patent while the underlined text in Claim 1 and Claim 8 are further compared in Claims 12-13 and discussed in greater detail at the end of the comparison table:
Current Application No. 17/688,883
Issued Patent No. US 11,266,265 B2
Claim 1:
A device for creating infused beverages comprising:
a solvent flow management system having:
a pump body with a pump bore defining a pump interior volume;
a piston disposed within the pump interior volume and in a fluidically sealed configuration with the pump bore; and
a pump drive system operably coupled to the piston to generate a piston translation path;
a solvent-flow conduit in fluid communication with the pump interior volume and a brewing chamber; and
an outlet for discharging an infused solution or receiving a flow of fluid,
wherein the pump drive system is operably configured to selectively drive the piston along the piston translation path to selectively induce a flow of a solvent between the brewing chamber and pump interior volume in both a forward direction and a reverse direction.
Claim 1:
A device for creating infused beverages comprising:
a solvent flow management system having:
a pump body with a pump bore defining a pump interior volume;
a piston disposed within the pump interior volume and in a fluidically sealed configuration with the pump bore; and
a pump drive system operably coupled to the piston to generate a piston translation path;
a solvent-flow conduit and in fluid communication with the pump interior volume and a brewing chamber; and
an outlet for discharging an infused solution or receiving a flow of fluid;
a flow control valve interposed between and fluidly coupled to the outlet and the brewing chamber, the flow control valve operably configured to have a selectively open position and a selectively closed position to control the flow of fluid through the outlet, the pump drive system operably configured to selectively drive the piston along the piston translation path, when the flow control valve is in the selectively closed position, to induce a negative pressure and the flow of fluid through a solute housed in the brewing chamber, downstream and through the solvent-flow conduit, and into the pump interior volume.
Claim 2:
The device for creating infused beverages according to claim 1, wherein the piston translation path further comprises:
a first position with a first volumetric capacity of the pump interior volume and having a second position with a second volumetric capacity of the pump interior volume greater than the first volumetric capacity.
Claim 2:
The device for creating infused beverages according to claim 1, wherein the piston translation path further comprises:a first position with a first volumetric capacity of the pump interior volume and having a second position with a second volumetric capacity of the pump interior volume greater than the first volumetric capacity.
Claim 3:
The device for creating infused beverages according to claim 2, wherein:
the piston translation path from the first position to the second position is configured to generate a volumetric capacity differential equal to a desired increase in interior volume.
Claim 3:
The device for creating infused beverages according to claim 2, wherein:the piston translation path from the first position to the second position is configured to generate a volumetric capacity differential equal to a desired increase in interior volume.
Claim 4:
The device for creating infused beverages according to claim 3, wherein:the pump drive system is operably configured to drive the piston along the piston translation path to induce a flow of a solvent, housed in the pump interior volume, through the solute housed in the brewing chamber to generate an infused solution.
Claim 4:
The device for creating infused beverages according to claim 3, wherein:
the pump drive system is operably configured to drive the piston along the piston translation path to induce a flow of a solvent, housed in the pump interior volume, through the solute housed in the brewing chamber to generate an infused solution.
Claim 5:
The device for creating infused beverages according to claim 3, wherein:
the pump drive system is operably configured to selectively drive the piston along the piston translation path to induce a negative pressure and the flow of fluid through the outlet and downstream and through the brewing chamber.
Claim 5:
The device for creating infused beverages according to claim 3, wherein:
the pump drive system is operably configured to selectively drive the piston along the piston translation path to induce a negative pressure and the flow of fluid through the outlet and downstream and through the brewing chamber.
Claim 6:
The device for creating infused beverages according to claim 5, further comprising:
a selective outflow valve disposed within the solvent-flow conduit and in fluid communication with the pump interior volume and the brewing chamber, the selective outflow valve operably configured to selectively open and close to control the flow of fluid bi-directionally.
Claim 6:
The device for creating infused beverages according to claim 5, further comprising:
a selective outflow valve disposed within the solvent-flow conduit and in fluid communication with the pump interior volume and the brewing chamber, the selective outflow valve operably configured to selectively open and close to control the flow of fluid bi-directionally.
Claim 7:
The device for creating infused beverages according to claim 6, further comprising:
a vent valve disposed on an external surface of the device for creating infused beverages, the vent valve in fluid communication with the brewing chamber through a brew chamber-vent conduit and operably configured to be selectively closed and selectively opened.
Claim 7:
The device for creating infused beverages according to claim 6, further comprising:
a vent valve disposed on an external surface of the device for creating infused beverages, the vent valve in fluid communication with the brewing chamber through a brew chamber-vent conduit and operably configured to be selectively closed and selectively opened.
Claim 8:
The device for creating infused beverages according to claim 6, further comprising:
an electronic control system communicatively coupled to the pump drive system, , and the selective outflow valve and operably configured to initiate the piston translation path.
Claim 8:
The device for creating infused beverages according to claim 6, further comprising:
an electronic control system communicatively coupled to the pump drive system, the flow control valve, and the selective outflow valve and operably configured to initiate the piston translation path.
Claim 9:
The device for creating infused beverages according to claim 8, wherein:
the electronic control system is operably configured to initiate a brewing cycle generating an infused solution, by flow of the solvent through the solute in the brewing chamber, through a single translation of the piston along the piston translation path and into the first position.
Claim 9:
The device for creating infused beverages according to claim 8, wherein:
the electronic control system is operably configured to initiate a brewing cycle generating an infused solution, by flow of the solvent through the solute in the brewing chamber, through a single translation of the piston along the piston translation path and into the first position.
Claim 10:
The device for creating infused beverages according to claim 8, wherein:
the piston translation path is of a single translation.
Claim 10:
The device for creating infused beverages according to claim 8, wherein:
the piston translation path is of a single translation.
Claim 11:
The device for creating infused beverages according to claim 10, wherein:
the piston translation path is linear.
Claim 11:
The device for creating infused beverages according to claim 10, wherein:
the piston translation path is linear.
Claim 12:
The device for creating infused beverages according to claim 1, further comprising:
a flow control valve interposed between and fluidly coupled to the outlet and the brewing chamber, the flow control valve operably configured to have a selectively open position and a selectively closed position to control the flow of fluid through the outlet.
Claim 1:
a flow control valve interposed between and fluidly coupled to the outlet and the brewing chamber, the flow control valve operably configured to have a selectively open position and a selectively closed position to control the flow of fluid through the outlet,
the pump drive system operably configured to selectively drive the piston along the piston translation path, when the flow control valve is in the selectively closed position, to induce a negative pressure and the flow of fluid through a solute housed in the brewing chamber, downstream and through the solvent-flow conduit, and into the pump interior volume.
Claim 13:
The device for creating infused beverages according to claim 12, wherein:
the pump drive system is operably configured to selectively drive the piston along the piston translation path, when the flow control valve is in the selectively closed position, to induce a negative pressure and the flow of fluid through a solute housed in the brewing chamber, downstream and through the solvent flow conduit, and into the pump interior volume.
Claim 1:
a flow control valve interposed between and fluidly coupled to the outlet and the brewing chamber, the flow control valve operably configured to have a selectively open position and a selectively closed position to control the flow of fluid through the outlet,
the pump drive system operably configured to selectively drive the piston along the piston translation path, when the flow control valve is in the selectively closed position, to induce a negative pressure and the flow of fluid through a solute housed in the brewing chamber, downstream and through the solvent-flow conduit, and into the pump interior volume.
Regarding Claim 1, it is understood that the italicized text in Claim 1 of the instant application and Claim 1 of the issued patent describe the same invention substantially as set forth as described up to that point within the claims. It is further understood that the flow control valve from Claim 1 of the issued patent has been removed from Claim 1 of the instant application but is reinstated in Claims 12-13. As Claim 13 is dependent on Claim 12, and Claim 12 is further dependent on Claim 1, it is therefore understood that the instant application is effectively describing the same invention in Claim 1 as the issued patent has claimed.
Regarding Claim 8, it is understood that the underlined text in Claim 8 of the instant application and the issued patent describe the same invention substantially as set forth as described in the claims except that the flow control valve has been removed from the claim language in the same manner as from Claim 1 as discussed above. As Claim 8 is dependent on Claim 2, and Claim 2 is further dependent on Claim 1, it is therefore understood that the instant application is effectively describing the same invention in Claim 8 as the issued patent has claimed when taking into account the reintroduction of said flow control valve in Claims 12-13.
Regarding Claim 12, it is understood that the underlined text in Claim 12 of the instant application and the underlined text copied from Claim 1 of the issued patent, shown in the Claim 12 comparison above, describe the same invention substantially as set forth as described in Claim 1 of the instant application and the issued patent.
Regarding Claim 13, it is understood that the underlined text in Claim 13 of the instant application and the underlined text copied from Claim 1 of the issued patent, shown in the Claim 13 comparison above, describe the same invention substantially as set forth as described in Claim 1 and Claim 12 of the instant application and Claim 1 of the issued patent.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-6, 8-11, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Samso Besora et al. (EP 2622997 A1), hereinafter Besora, in view of Martin et al. (US 20090293733 A1), hereinafter Martin.
Regarding Claim 1, Besora discloses:
A device for creating infused beverages comprising:
a solvent flow management system having:
a pump body (housing piece 6, Besora Fig. 2 Annotated) with a pump bore (first cylinder 2a, Besora Fig. 2 Annotated) defining a pump interior volume (pressurized chamber 5, Besora Fig. 2 Annotated, [0049]; "the plunger 2b of the first assembly defines inside its cylinder 2a a pressurized chamber 5");
a piston (plunger 2b, Besora Fig. 2 Annotated) disposed within the pump interior volume (pressurized chamber 5, Besora Fig. 2 Annotated) and in a fluidically sealed configuration with the pump bore (first cylinder 2a, Besora Fig. 2 Annotated, [0049]; "the plunger 2b of the first assembly defines inside its cylinder 2a a pressurized chamber 5"); and
a pump drive system (driving mechanism, Besora [0064]; "the plunger 2b of the first cylinder 2a and plunger 2b assembly has been moved by a driving mechanism that acts on the rod 2c of said plunger 2b. This driving mechanism can include a...motorized reduction device") operably coupled to the piston (plunger 2b, Besora Fig. 2 Annotated) to generate a piston translation path (piston translation path, Besora Fig. 2 Annotated, [0064]; "the plunger 2b of the first cylinder 2a and plunger 2b assembly has been moved by a driving mechanism that acts on the rod 2c of said plunger 2b", it is understood that the structure described above causes the plunger to translate in a linear direction as the mounting rods and cylindrical design force the plunger to move along a single direction);
a solvent-flow conduit (duct 11, Besora Fig. 4 Annotated) in fluid communication with the pump interior volume (pressurized chamber 5, Besora Fig. 4 Annotated) and a brewing chamber (infusion chamber 12, Besora Fig. 4 Annotated, [0054]; "the base wall 9 of the cylinder 2a of the first cylinder and plunger 2b assembly comprises a hole 10 provided with a duct 11 for distributing the pressurized water to an infusion chamber 12 of the coffee machine"); and
an outlet (second inline valve 20, Besora Fig. 4 Annotated, [0025]; "the base wall of the cylinder of the first assembly comprises a hole provided with a duct for distributing the pressurized liquid, said duct including an inline valve for regulating the liquid outlet") for discharging an infused solution or receiving a flow of fluid, wherein the pump drive system (driving mechanism, Besora [0064]) is operably configured to selectively drive the piston (plunger 2b, Besora Fig. 4 Annotated) along the piston translation path (piston translation path, Besora Fig. 4 Annotated) to selectively induce a flow of a solvent between the brewing chamber (infusion chamber 12, Besora Fig. 4 Annotated) and pump interior volume (pressurized chamber 5, Besora Fig. 4 Annotated)
Besora (EP 2622997 A1) Fig. 2 Annotated
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837
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Besora (EP 2622997 A1) Fig. 4 Annotated
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754
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Besora does not explicitly disclose selectively inducing the flow of a solvent between the brewing chamber and pump interior volume in both a forward direction and a reverse direction.
Martin teaches:
an outlet for discharging an infused solution (fill head 38, Martin, [0104]; "after preparation of the coffee by the brewer assembly 78, coffee liquor is sent to the dispensing head 38 for dispensing into a cup 6") or receiving a flow of fluid, wherein the pump drive system (motor 110, Martin Fig. 8A Annotated) is operably configured to selectively drive the piston along the piston translation path (piston 84, Martin Fig. 4 Annotated, [0032]; "the pistons may be connected to a plurality of rods that are capable of moving up or down during the brewing cycle in order to move the pistons between various positions") to selectively induce a flow of a solvent (Martin [0119]; "a small quantity of hot water, for example about 5 ml is forced into the chamber between the pistons in order to pre-wet the coffee grounds...and then by a larger quantity...the coffee liquor so formed is then sent via line 30 to the fill head 38 to be dispensed" and further in [0121]; "at the end of the brew cycle, after the beverage has been dispensed but before the puck of spent coffee has been ejected, the valve may be opened and the pump actuated in order to suck water from the brew chamber before removal of the puck") between the brewing chamber (brew chamber 81, Martin Fig. 8A Annotated, [0111]; "a generally cylindrical hollow body 80 that is arranged so that its axis is vertical, and forms a chamber 81 for brewing both espresso and filter coffee") and pump interior volume (body 80, Martin Fig. 4 Annotated, [0111]; "the chamber is defined by the hollow body and a pair of pistons 82 and 84 that are slidable within the body 80 along the vertical axis thereof") in both a forward direction and a reverse direction (Martin [0121]; "pumping of the coffee liquor from the brew chamber will cause a back-flow of liquor along the coffee line 30 to clear the line of liquid and so ensure that no coffee drips from the dispensing nozzle after the beverage has been dispensed").
Martin (US 20090293733 A1) Fig. 4 Annotated
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Martin (US 20090293733 A1) Fig. 8A Annotated
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the solvent flow management system, including the driving mechanism, pistons, valves, conduits, chambers, and corresponding structure necessary for maintaining operation, disclosed by Besora with the equivalent structure and additional components taught by Martin for the benefit noted in [0121] that “pumping of the coffee liquor from the brew chamber will cause a back-flow of liquor along the coffee line 30 to clear the line of liquid and so ensure that no coffee drips from the dispensing nozzle after the beverage has been dispensed”.
Regarding Claim 2, Besora as modified, discloses the device for creating infused beverages according to Claim 1.
Besora does not explicitly disclose wherein the piston translation path further comprises a first position with a first volumetric capacity of the pump interior volume and having a second position with a second volumetric capacity of the pump interior volume greater than the first volumetric capacity.
Martin teaches:
wherein the piston translation path (piston translation path, Martin Fig. 4 Annotated, [0032]; "the pistons may be connected to a plurality of rods that are capable of moving up or down during the brewing cycle in order to move the pistons between various positions") further comprises:
a first position with a first volumetric capacity of the pump interior volume (body 80, Martin Fig. 4, [0111]; "the chamber is defined by the hollow body and a pair of pistons 82 and 84 that are slidable within the body 80 along the vertical axis thereof" and further in [0022]; "the piston may be caused to move in order to reduce the volume of the chamber", it is understood that position of the piston after it has been moved to reduce the volume of the chamber corresponds to a first position with a first volumetric capacity) and having a second position with a second volumetric capacity of the pump interior volume (body 80, Martin Fig. 4, [0022] "the piston may be movable to a position that defines substantially the maximum volume of the chamber") greater than the first volumetric capacity (Martin Fig. 4 Annotated, [0020]; "the piston being movable to a filter coffee brewing position that causes a higher chamber volume than when in the espresso brewing position").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the solvent flow management system disclosed by Besora with the system taught by Martin, thereby creating a variable piston translation path and pump interior volume, further allowing the benefit noted in [0020] of “a brewer assembly that is capable of brewing both espresso and filter coffee beverages, the assembly having a hollow chamber defined by a chamber body and at least one piston that is movable in the chamber body to vary the volume of the chamber”.
Regarding Claim 3, Besora as modified, discloses the device for creating infused beverages according to Claim 2.
Besora does not explicitly disclose wherein the piston translation path from the first position to the second position is configured to generate a volumetric capacity differential equal to a desired increase in interior volume.
Martin teaches:
the piston translation path (piston translation path, Martin Fig. 4 Annotated) from the first position to the second position is configured to generate a volumetric capacity differential equal to a desired increase in interior volume (Martin Fig. 4 Annotated, [0022]; "the assembly may be arranged to introduce discrete quantities of water...means is provided to meter a quantity of ground coffee into the brew chamber, and the filter coffee brewing position to which the piston is movable is such as to provide a volume in the brew chamber for brewing the coffee that is slightly larger, for example from 5% to 50%, and preferably from 7% to 20% larger than the volume of uncompacted coffee. Water can then be continuously pumped through the brew chamber for example until the required quantity of water for a cup of coffee has been supplied", it is understood that the interior volume capacity is variable and may be adjusted depending on the discrete quantities of water and brewing material provided therein).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the solvent flow management system disclosed by Besora with the system taught by Martin and discussed in the claims above. This modification incorporates the piston and chamber design from Martin which includes the variable internal volume discussed in claim 2 above which further provides the benefit noted by Martin in [0021] that “an espresso brewer may be employed to brew a filter coffee in which the volume of filter coffee dispensed for each drink is essentially unlimited, or is limited only by the volume of ground coffee that can be introduced into the cylinder”.
Regarding Claim 4, Besora as modified, discloses the device for creating infused beverages according to Claim 3.
Besora does not explicitly disclose wherein the pump drive system is operably configured to drive the piston along the piston translation path to induce a flow of a solvent, housed in the pump interior volume, through the solute housed in the brewing chamber to generate an infused solution.
Martin teaches:
the pump drive system is operably configured to drive the piston along the piston translation path (motor 110, Martin Fig. 6a Annotated, [0118]; "the motor 110 is energized in order to drive the leadscrews 94 and 96 downwards, causing the top piston 84 to move downwardly by virtue of its rigid connection to the leadscrews") to induce a flow of a solvent, housed in the pump interior volume, through the solute housed in the brewing chamber (brew chamber 81, Martin Fig. 4 Annotated, [0111]; "a generally cylindrical hollow body 80 that is arranged so that its axis is vertical, and forms a chamber 81 for brewing both espresso and filter coffee") to generate an infused solution (coffee liquor, [0119]; "a small quantity of hot water, for example about 5 ml is forced into the chamber between the pistons in order to pre-wet the coffee grounds, preferably followed by a delay, typically from 1 to 5 seconds, and then by a larger quantity, for example from 30 to 100 ml under a pressure of from 5 to 15 bar, preferably at nine bar, to infuse the coffee grounds...the coffee liquor so formed is then sent via line 30 to the fill head 38 to be dispensed").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the solvent flow management system disclosed by Besora with the system taught by Martin and discussed in the claims above to maintain the benefit of a choice between different infused solutions noted in [0020] of “a brewer assembly that is capable of brewing both espresso and filter coffee beverages”.
Regarding Claim 5, Besora as modified, discloses the device for creating infused beverages according to Claim 3.
Besora does not explicitly disclose wherein the pump drive system is operably configured to selectively drive the piston along the piston translation path to induce a negative pressure and the flow of fluid through the outlet and downstream and through the brewing chamber.
Martin teaches:
the pump drive system is operably configured to selectively drive the piston along the piston translation path (motor 110, Martin Fig. 8A Annotated, [0118]; "the motor 110 is energized in order to drive the leadscrews 94 and 96 downwards, causing the top piston 84 to move downwardly by virtue of its rigid connection to the leadscrews") to induce a negative pressure and the flow of fluid through the outlet (tube 153, Martin Fig. 8A Annotated, [0117]; "a tube 153 for allowing the brewed coffee liquor to be extracted and dispensed") and downstream and through the brewing chamber (brew chamber 81, Martin Fig. 8A, [0121]; "at the end of the brew cycle, after the beverage has been dispensed but before the puck of spent coffee has been ejected, the valve may be opened and the pump actuated in order to suck water from the brew chamber before removal of the puck...this operation has the advantage that any remaining coffee liquor will be pumped away to drain rather than being reabsorbed into the puck due to the pressure reduction in the brew chamber as the pistons separate", it is understood that the pressure reduction in the brew chamber causing the subsequent draining of excess water from the spent coffee grounds and remaining liquid from outlet tube 153 is formed by inducing a negative pressure via the combination of piston separation and activation of the pump and valve mentioned above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the solvent flow management system disclosed by Besora with the system taught by Martin and discussed above for the continued benefit noted in [0121] that “pumping of the coffee liquor from the brew chamber will cause a back-flow of liquor along the coffee line 30 to clear the line of liquid and so ensure that no coffee drips from the dispensing nozzle after the beverage has been dispensed”.
Regarding Claim 6, Besora as modified, discloses the device for creating infused beverages according to Claim 5.
Besora does not explicitly disclose a selective outflow valve disposed within the solvent-flow conduit and in fluid communication with the pump interior volume and the brewing chamber, the selective outflow valve operably configured to selectively open and close to control the flow of fluid bi-directionally.
Martin teaches:
a selective outflow valve (valve, Martin Fig. 4 Annotated, [0121]; "the system may be provided with a valve, for example a solenoid valve to allow communication between the tube 160 and the brew chamber, and isolation of the tube from the brew chamber") disposed within the solvent-flow conduit and in fluid communication with the pump interior volume (body 80, Martin Fig. 4 Annotated) and the brewing chamber (brew chamber 81, Martin Fig. 4 Annotated), the selective outflow valve operably configured to selectively open and close to control the flow of fluid bi-directionally (Martin Fig. 4 Annotated Fluid Path, [0117]; "the flow of water be arranged so that it flows upwardly from the tube 153 and lower piston 82 to the upper piston 84 to be dispensed via the tube 150", and further in [0121]; "the piston that is provided with the tube from which the coffee liquor is dispensed, may be provided with a second tube 160, preferably leading directly to a drain. In such an arrangement, the system may be provided with a valve, for example a solenoid valve to allow communication between the tube 160 and the brew chamber, and isolation of the tube from the brew chamber. A pump (not shown) may also be provided, in this case a diaphragm pump, in order to cause any remaining liquid in the brew chamber to be evacuated therefrom. During the brewing process (whether for the preparation of espresso coffee or filter coffee as described below), the valve is closed. At the end of the brew cycle, after the beverage has been dispensed but before the puck of spent coffee has been ejected, the valve may be opened and the pump actuated in order to suck water from the brew chamber before removal of the puck", it is understood that the brewer arrangement described above has a fluid path leading from tube 153 into body 80 and brew chamber 81, and then dispensed out via tube 150. It is also understood that second tube 160 is located within the same piston 84 as tube 150 and contains a valve that is fluidly connected to brew chamber 81 and selectively controllable as shown in Fig. 4 Annotated Fluid Path and described above to control the flow of fluid bi-directionally).
Martin (US 20090293733 A1) Fig. 4 Annotated Fluid Path
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the solvent flow management system disclosed by Besora with the system taught by Martin and discussed in the claims above to further include the selective outflow valve, further allowing a bi-directional fluid flow, and providing the continued benefit noted in [0121] that “pumping of the coffee liquor from the brew chamber will cause a back-flow of liquor along the coffee line 30 to clear the line of liquid and so ensure that no coffee drips from the dispensing nozzle after the beverage has been dispensed”.
Regarding Claim 8, Besora as modified, discloses the device for creating infused beverages according to Claim 6.
Besora does not explicitly disclose an electronic control system communicatively coupled to the pump drive system, , and the selective outflow valve and operably configured to initiate the piston translation path.
Martin teaches:
an electronic control system (master controller 1000, Martin, [0173]; "a master controller 1000 in the form of a standard personal computer running an operating system such as Windows (trademark) and a low-level controller 1002 that controls the operations of the mechanical devices 1003 such as the brewer assembly, the carousel, switches, valves etc.") communicatively coupled to the pump drive system (motor 110, Martin Fig. 8A Annotated), , and the selective outflow valve (valve, Martin Fig. 8A) and operably configured to initiate the piston translation path (piston translation path, Martin Fig. 8A, [0118]; "the motor 110 is energized in order to drive the leadscrews 94 and 96 downwards, causing the t