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 .
Information Disclosure Statement
The information disclosure statement filed 2022-05-03 fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. It has been placed in the application file, but the information referred to therein has not been considered.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because:
Reference character [28] in Fig. 1 has been used to designate both a latch and a valve
Reference character [52] in Fig. 2 has been used to designate both the upper sealing portion and the straight portions
Reference character [191] in Fig. 4 has been used to designate two different parts
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 because of the following:
Reference characters [27] and [28] in Fig. 1 appear to be swapped as [28] is described as a handle, not a latch as is shown
Reference characters [27] and [28] in Fig. 2 appear to be swapped as [28] is described as a handle, not a latch as is shown
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 do not include the following reference sign(s) mentioned in the description:
[0023]; “the bottom 59 of the basket may include an aperture 59a that is aligned with the retainer 58”, aperture 59a is not shown in the drawings
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. 1; [27], [29], [30], [82], and [84] are not mentioned in the description
Fig. 2; [27], [55], and [84] are not mentioned in the description
Fig. 3; [30], [55], [58a], [170], and [191] are not mentioned in the description
Fig. 4; [30], [55], [58a], and [191] are not mentioned in the description
Fig. 6; [84] and [98] are not mentioned in the description
Fig. 7; [30] is not mentioned in the description
Fig. 8; [30] is not mentioned in the description
Fig. 9; [63a] and [63b] are not mentioned in the description
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.
Specification
The disclosure is objected to because of the following informalities:
[0019]; “the operator 35” should read “the agitator 35”
[0021]; “the aperture 43” should read “the aperture 42”
[0027]; “the upper sealing portion 63” should read “the second sealing portion 63”
[0028]; “the upper edge 54z” should read “an upper edge 54z”
Appropriate correction is required.
Claim Objections
Claims 1-2 are objected to because of the following informalities:
Claim 1, Line 11; “suction inlet” should read “a suction inlet”
Claim 2, Line 4; “the hole” should read “the center hole”
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 the “input device” in:
Claim 9, ll. 3
Claim 10, ll. 4
Claim 17, ll. 3
Claim 18, ll. 4
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 the “input device” in claims 9-10 and 17-18, the specification provides corresponding structural detail in [0034]; “in some embodiments the display 94 and input device 94a may be the same component, such as a touch screen” and further in [0037]; “In some embodiments, the controller 300 may also operate the pump 182 manually, with an on/off controls on the input device 94a”.
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.
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 1-4 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Gross et al. (US 20160296062 A1), hereinafter Gross, in view of Rivera (US 20200170442 A1).
Regarding Claim 1, Gross discloses:
a container (fluid container 101, Gross Fig. 1 Annotated) with a brewing chamber (fluid container 101, filter basket 102, reservoir 105, Gross Fig. 1 Annotated, [0033]; "a cold brew device has a fluid container 101, a filter basket 102, filter stand 103 and lid 104. In the depicted embodiment the fluid container 101 has a reservoir 105", it is understood that the brewing chamber is located in filter basket 102 when it is installed in fluid container 101 further in reservoir 105, hereinafter "brewing chamber, Gross Fig. 1 Annotated"), which is configured to receive a volume of liquid to allow for extracting a soluble substance disposed within a basket (filter basket 102, Gross Fig. 1 Annotated, [0035]; "ground coffee is placed in the filter basket 102 as seen in FIG. 3a) to form a solution within the liquid (brewed coffee, Gross Fig. 1 Annotated, [0035]; "the water level should fully cover the coffee grounds, ensuring that all the grounds are in good contact with the water to allow for maximum extracting of grounds");
the basket (filter basket 102, Gross Fig. 1 Annotated) is configured to be received within an internal volume of the container (fluid container 101, Gross Fig. 1 Annotated), the basket includes an upper sealing region (filter basket 102, Gross Fig. 1 Annotated, [0035]; "the filter basket 102 is supported by the filter stand 103 on the rim of the reservoir 101. The filter stand 103 in the depicted embodiment has a rim 108 that rests on the rim 121 at top of the reservoir 101 in a first brewing position", it is understood that filter basket 102 is installed through the center aperture of filter stand 103 which rests along the upper edge of fluid container 101 with matching respective rims 108 and 121. It is further understood that the upper region of filter basket 102 works with filter stand 103 and rim 108 to lock the filter basket in place, hereinafter "filter basket 102 - upper sealing region, Gross Fig. 1 Annotated") and an extended portion (filter basket 102, Gross Fig. 1 Annotated, it is understood that filter basket 102 contains a series of stacked and circumferential openings that are covered by laser etched metal permanent filters 122 and are therefore understood to represent an extended portion of the filter basket as shown in Fig. 1 Annotated, hereinafter "filter basket 102 - extended portion, Gross Fig. 1 Annotated"), the extended portion includes a plurality of holes therethrough (laser etched metal permanent filter 122, Gross Fig. 1 Annotated, [0033]; "the filter basket 102 has a gold plated, laser etched metal permanent filter 122 that is sufficient to filter the ground coffee without use of a paper filter...the filter body 122 could have larger holes and be designed to support a disposable paper filter");
a lid (filter stand 103, Gross Fig. 1 Annotated) that rests upon an upper surface of the container (fluid container 101, Gross Fig. 1 Annotated, [0035]; "the filter basket 102 is supported by the filter stand 103 on the rim of the reservoir 101. The filter stand 103 in the depicted embodiment has a rim 108 that rests on the rim 121 at top of the reservoir 101 in a first brewing position"), the lid includes a center hole therethrough (filter stand 103 - center hole, Gross Fig. 1 Annotated, [0033]; "the filter 103 fits inside the reservoir 105...the filter basket 102 is supported by filter stand 103", it is understood that filter stand 103 is located within reservoir 105 and that filter basket 102 is further disposed within filter stand 103, therefore it is understood that filter stand 103 must have a center aperture, hereinafter "filter stand 103 - center hole, Gross Fig. 1 Annotated"), the upper sealing region of the basket rests upon the lid (filter basket 102 - upper sealing region, Gross Fig. 1 Annotated, [0035]; "the filter basket 102 is supported by the filter stand 103 on the rim of the reservoir 101");
Gross (US 20160296062 A1) Fig. 1 Annotated
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Gross does not explicitly disclose an assembly that is removably mounted with respect to the basket, the assembly comprises a pump, suction inlet, and a fluid outlet, wherein the suction inlet is fluidly connected to a suction of the pump and the fluid outlet is fluidly connected to the outlet of the pump, wherein the fluid outlet directs fluid to flow into the basket.
Rivera teaches:
an assembly that is removably mounted with respect to the basket (pump assembly 3, Rivera Fig. 3 Annotated, [0064]; "the pump assembly 3 is preferably coupled to the upper surface of the support chassis 23, as are the upper end of the intake tube 11 and the distal end of the inlet tube 12. The first and second through-holes 14, 8 are arranged in the support chassis to provide fluid communication between the intake tube 11 and inlet tube 12, and the outlet tube 13 and holder assembly 4"), the assembly comprises a pump (pump 17, Rivera Fig. 3 Annotated), suction inlet (inlet port 5, Rivera Fig. 4 Annotated), and a fluid outlet (outlet tube 13, Rivera Fig. 4 Annotated), wherein the suction inlet is fluidly connected to a suction of the pump (inlet port 5, Rivera Fig. 4 Annotated, [0061]; "the inlet tube 12 is coupled to the inlet port 5 of the pump assembly 3") and the fluid outlet is fluidly connected to the outlet of the pump (outlet port 6, Rivera Fig. 4 Annotated, [0062]; "the outlet tube 13 is coupled at one end to the outlet port 6 of the pump assembly 3"), wherein the fluid outlet directs fluid to flow into the basket (brewing material holder assembly 4, Rivera Fig. 3 Annotated, [0059]; "an outflow tube assembly is connected to an outlet port 6 of the pump assembly at one end, and at the other end 8 is arranged to issue the drawn water into the brewing material holder assembly 4").
Rivera (US 20200170442 A1) Fig. 3 Annotated
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Rivera (US 20200170442 A1) Fig. 4 Annotated
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It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the cold brew device disclosed by Gross to accept pump assembly 3 and its internal components as taught by Rivera for the benefit noted in [0057]; “brewing can continue for any desired amount of time by continuing to recirculate the brewed beverage through the brewer in order to provide a custom brew strength”.
Regarding Claim 2, Gross as modified discloses the claimed invention substantially as claimed as set forth for Claim 1 above.
Gross as modified, discloses the lid (filter stand 103, Gross Fig. 1 Annotated) and the center hole (filter stand 103 – center hole, Gross Fig. 1 Annotated):
Gross does not explicitly disclose wherein the assembly is an enclosed assembly such that the assembly is configured to be installed upon and rest with respect to the lid and in registry with the center hole, such that the suction inlet and the fluid outlet both extend through the hole in the lid.
Rivera teaches:
wherein the assembly (pump assembly 3, Rivera Fig. 2 Annotated) is an enclosed assembly (support chassis cover 45, Rivera Fig. 1 Annotated, [0088]; "the beverage brewer can also include a support chassis cover 45, hingedly connected to the upper end of the extension 22 and configured to alternatively cover and uncover the pump assembly 3, the inlet tube 12, the outlet tube 13, any control electronics, and the support chassis 23. The cover 45 can be raised from the support chassis 23 to provide access to components mounted on the support chassis 23, or can be raised with the support chassis 23, to provide access to the holder assembly 4", it is understood that support chassis 23 divides pump assembly 3 from brewing material holder assembly 4 and in conjunction with support chassis cover 45 and necessary structural components, effectively represent an enclosed assembly that may be installed with respect to the filter stand disclosed by Gross) such that the assembly is configured to be installed upon and rest with respect to the lid and in registry with the center hole, such that the suction inlet (inlet port 5, Rivera Fig. 4 Annotated) and the fluid outlet (outlet port 6, Rivera Fig. 4 Annotated) both extend through the hole in the lid (first through-hole 14, second through-hole 8, Rivera Fig. 4 Annotated, [0064]; "the pump assembly 3 is preferably coupled to the upper surface of the support chassis 23, as are the upper end of the intake tube 11 and the distal end of the inlet tube 12. The first and second through-holes 14, 8 are arranged in the support chassis to provide fluid communication between the intake tube 11 and inlet tube 12, and the outlet tube 13 and holder assembly 4").
Rivera (US 20200170442 A1) Fig. 1 Annotated
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It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the lid and center hole disclosed by Gross to accept the pump assembly and enclosure taught by Rivera, allowing access to the pump components as noted in [0088]; “configured to alternately cover and uncover the pump assembly 3, the inlet tube 12, the outlet tube 13, any control electronics, and the support chassis 23. The cover 45 can be raised from the support chassis 23 to provide access to components mounted on the support chassis 23”.
Regarding Claim 3, Gross as modified discloses the claimed invention substantially as claimed as set forth for Claim 1 above.
Gross does not explicitly disclose wherein the suction inlet is connected to an intake tube that extends through the basket.
Rivera teaches:
wherein the suction inlet (inlet port 5, Rivera Fig. 4 Annotated) is connected to an intake tube (intake tube 11, Rivera Fig. 4 Annotated) that extends through the basket (brewing material holder assembly 4, Rivera Fig. 3 Annotated, [0080]; "the intake tube is described as being coupled to the holder plate at a through-hole. However...the intake tube could be coupled through the support chassis, coupled to the cover, attached directly to the sidewall of the holder, or otherwise arranged to provide the intake function required for brewing a beverage").
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the lid disclosed by Gross to accept the pump assembly enclosure and internal components as discussed in the claims above. It would further be obvious to one of ordinary skill in the art to have modified the intake tube taught by Rivera to extend into the basket disclosed by Gross to allow the infused solution to recirculate through the brewing chamber so that “different brew strengths can be made available across a continuous spectrum, allowing for a truly custom brew strength, by providing varying brew times across a continuous scale” as noted by Rivera in [0082].
Regarding Claim 4, Gross as modified discloses the claimed invention substantially as claimed as set forth for Claim 3 above.
Gross as modified, discloses the basket (filter basket 102, Gross Fig. 1 Annotated).
Gross does not explicitly disclose wherein the basket includes a retainer fixed with respect to a side wall of the basket and disposed within the internal volume of the basket, wherein the retainer receives the intake tube therein and directs the intake tube toward an aperture in the basket.
Rivera teaches:
wherein the basket includes a retainer fixed with respect to a side wall of the basket and disposed within the internal volume of the basket (flange 15, flange 44, Rivera Fig. 4 Annotated, [0061]; "the intake tube 11 is arranged inside the container assembly 2 and is connected to the frame 10 at a first through-hole 14, which can be supported by a flange 15 on either side to facilitate coupling" and further in [0079]; "the holder plate 41 can include a plate through-hole 43, preferably supported by one or more flanges 44, such that the proximal end of the intake tube 11 can be coupled to the holder plate 41 at the plate through-hole 43", it is understood that flanges 15 and 44 connect intake tube 11 with inlet tube 12 on the way towards suction inlet 5 and therefore it is understood that both flanges perform the same overall function as either or both may be used to retain the intake tube as described), wherein the retainer receives the intake tube therein and directs the intake tube toward an aperture in the basket (intake tube suction end 7, Rivera Fig. 3 Annotated, [0078]; "the suction end 7 of the intake tube 11 is disposed within an interior of the container assembly 2. Preferably, the intake tube suction end 7 hangs down low enough within the container assembly 2 that a majority of the liquid within the container assembly 2 can be drawn up from the container assembly 2 when the pump assembly 3 is in operation", it is understood that intake tube suction end 7 and intake tube 11 extend into the container assembly and are further retained in position via flange 44 as shown in Fig. 3 below. It is further understood that the positioning of flange 44 determines the final positioning of intake tube suction end 7 and may be designed to direct the intake tube toward an aperture in the basket).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the basket disclosed by Gross to accept the intake tube taught by Rivera along with the retaining flanges to allow the intake tube to be directed toward an aperture in the basket to provide an intake point, [0080]; “arranged to provide the intake function required for brewing a beverage using water originally held in the eventual serving vessel”.
Regarding Claim 9, Gross as modified discloses the claimed invention substantially as claimed as set forth for Claim 1 above.
Gross as modified, discloses the lid (filter stand 103, Gross Fig. 1 Annotated).
Gross does not explicitly disclose wherein the assembly includes a top surface that faces upwardly when the assembly is mounted upon the lid, wherein the top surface includes a display and an input device that is adapted to allow a user to control operation of the pump.
Rivera teaches:
wherein the assembly (pump assembly 3, Rivera Fig. 3 Annotated) includes a top surface that faces upwardly when the assembly is mounted upon the lid (support chassis cover 45 - top surface, Rivera Fig. 1 Annotated, [0088]; "the beverage brewer can also include a support chassis cover 45, hingedly connected to the upper end of the extension 22 and configured to alternatively cover and uncover the pump assembly 3, the inlet tube 12, the outlet tube 13, any control electronics, and the support chassis 23"), wherein the top surface includes a display (control option interface 50 - display, Rivera Fig. 14 Annotated) and an input device (control option interface 50, Rivera Fig. 14 Annotated, [0082]; "other control and display components can be mounted on a switchboard 48 mounted under the cover 45") that is adapted to allow a user to control operation of the pump (pump 17, Rivera Fig. 3 Annotated, [0082]; "a control option interface 50 enabling brew strength selection and additional modes, as well as an on/off actuation button 51").
Rivera (US 20200170442 A1) Fig. 14 Annotated
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It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the lid disclosed by Gross with the display and control option interface taught by Rivera to provide the user with “a control option interface enabling brew strength selection and additional modes, as well as an on/off actuation button”, as noted in [0047].
Regarding Claim 10, Gross as modified discloses the claimed invention substantially as claimed as set forth for Claim 9 above.
Gross does not explicitly disclose the system of claim 9, further comprising a controller that includes a processor and a non-volatile memory, wherein the controller is in communication with the display to control operation of the display and the controller is in communication with the input device such that operation of the input device provides signals to the controller which causes the controller to cause continuous or periodic operation of the pump.
Rivera teaches:
further comprising a controller (control unit, Rivera Fig. 13 Annotated, [0062]; "a control unit can be provided to allow the user to control aspects of operation of the brewer 1") that includes a processor (switchboard 48, Rivera Fig. 13 Annotated, [0089]; "control and display components can be mounted on a switchboard 48 mounted under the cover 45") and a non-volatile memory (non-volatile memory, Rivera Fig. 13 Annotated, [0082]; "although available brew strengths are shown as discrete options, different brew strengths can be made available across a continuous spectrum, allowing for a truly custom brew strength, by providing varying brew times across a continuous scale", it is understood that for the control unit and switchboard to provide different brew strengths across a continuous spectrum, along with the other user options mentioned above, requires persistent memory of brew condition variables and therefore the controller must include a form of non-volatile memory, hereinafter "non-volatile memory, Rivera Fig. 13 Annotated"), wherein the controller is in communication with the display to control operation of the display (control option interface 50 - display, Rivera Fig. 14 Annotated, [0089]; "the switchboard 48 receives power from the power source, such as via the AC plug 19, and communicates electronically with the button 20 and any other user inputs to effectuate operation of the brewer 1 in the manner desired by the user and known to those of skill in the art") and the controller is in communication with the input device such that operation of the input device provides signals to the controller which causes the controller to cause continuous or periodic operation of the pump (pump 17, Rivera Fig. 3 Annotated, [0062]; "a control unit can be provided to allow the user to control aspects of operation of the brewer 1, such as throughput and duration of the pumping process, and temperature and duration of operation of the heating element").
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the invention disclosed by Gross with the control unit taught by Rivera, “to allow the user to control aspects of operation of the brewer 1, such as throughput and duration of the pumping process, and temperature and duration of operation of the heating element” as noted in [0063].
Regarding Claim 11, Gross as modified discloses the claimed invention substantially as claimed as set forth for Claim 10 above.
Gross does not explicitly disclose wherein the controller is configured to operate the pump at staggered times and durations based upon a recipe that is stored within the non-volatile memory.
Rivera teaches:
wherein the controller (control unit, Rivera Fig. 13 Annotated) is configured to operate the pump (pump 17, Rivera Fig. 13 Annotated) at staggered times and durations based upon a recipe that is stored within the non-volatile memory (non-volatile memory, Rivera Fig. 13 Annotated, [0082]; "although available brew strengths are shown as discrete options, different brew strengths can be made available across a continuous spectrum, allowing for a truly custom brew strength, by providing varying brew times across a continuous scale", it is understood that to obtain different brew strengths due to staggering time and duration as described above requires the ability to read a recipe previously saved into non-volatile memory).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the invention disclosed by Gross with the controller taught by Rivera, including the processor and non-volatile memory, in order to control different strengths of coffee to satisfy the consumer’s taste as noted in [0082]; “a user selects the strength of brew desired for the brewed beverage…although available brew strengths are shown as discrete options, different brew strengths can be made available across a continuous spectrum, allowing for a truly custom brew strength, by providing varying brew times across a continuous scale”.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Gross (US 20160296062 A1) modified with Rivera (US 20200170442 A1) as applied to claims 1-2 above, and further in view of Letica (US 4349119 A).
Regarding Claim 5, Gross as modified discloses the claimed invention substantially as claimed as set forth for Claim 2 above.
Gross as modified discloses the basket (filter basket 102, Gross Fig. 1 Annotated).
Neither Gross nor Rivera explicitly disclose wherein the basket further comprises a flexible sealing portion within the upper sealing region, the flexible sealing portion includes an elastomeric material.
Letica teaches:
wherein the basket (container assembly 10, Letica Fig. 1 Annotated) further comprises a flexible sealing portion (sealing surface 48, Letica Fig. 3 Annotated, Col. 3, ll. 50; "bead 44 and locking lip 46 are connected by a substantially flat, inclined sealing surface 48 extending therebetween inside the container 12") within the upper sealing region (upper end 43, Letica Fig. 3 Annotated, Col. 3, ll. 37; "said connecting flange further includes a second leg 41 which extends radially inward from the upper end 43 of said first leg 39"), the flexible sealing portion includes an elastomeric material (sealing surface 48, Letica Fig. 3 Annotated, Col. 3, ll. 4; "the container 12 is preferably injection molded from thermoplastic material, such as polyethylene", it is understood that thermoplastic materials, including polyethylene, are inherently elastomeric and provide the ability to flex and rebound to the original form).
Letica (US 4349119 A) Fig. 3 Annotated
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It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the basket disclosed by Gross, in view of Rivera, to incorporate the upper sealing region, including the flexible sealing portion represented by sealing surface 48, for the benefit noted in Col. 1, ll. 62; “to provide a molded plastic container assembly having an improved rim-to-lid interlock which provides a positive, reliable fluid tight seal”.
Regarding Claim 6, Gross as modified discloses the claimed invention substantially as claimed as set forth for Claim 5 above.
Gross as modified discloses the extended portion (filter basket 102 – extended portion, Gross Fig. 1 Annotated).
Neither Gross nor Rivera explicitly disclose wherein the flexible sealing portion comprises a first sealing portion and a second sealing portion and a bridging portion, the first sealing portion is disposed in contact with the extended portion and extends radially outward from the extended portion around an entire perimeter of the extended portion and establishes a first outer perimeter of the first portion, the second sealing portion is disposed above the first sealing portion and establishes a second outer perimeter that is the same as the first outer perimeter, the bridging portion having a cross- section that is narrower than a cross-section of both of the first and second sealing portions such that when a downward force is applied to the second sealing portion the bridging portion bends to allow the second sealing portion to move toward the first sealing portion.
Letica teaches:
wherein the flexible sealing portion comprises a first sealing portion (rim 42, Letica Fig. 3 Annotated) and a second sealing portion (connecting flange 38, Letica Fig. 3 Annotated) and a bridging portion (second leg 41, Letica Fig. 3 Annotated, Col. 3, ll. 37; "said connecting flange further includes a second leg 41 which extends radially inward from the upper end 43 of said first leg 39"), the first sealing portion is disposed in contact with the extended portion and extends radially outward from the extended portion around an entire perimeter of the extended portion and establishes a first outer perimeter of the first portion (connecting flange 38, Letica Fig. 3 Annotated, Col. 3, ll. 34; "connecting flange 38 is a U-shaped circumferential ridge including a first leg 39 which extends from inset wall 36 upwardly and radially outward"), the second sealing portion is disposed above the first sealing portion and establishes a second outer perimeter that is the same as the first outer perimeter (rim 42, Letica Fig. 3 Annotated, Col. 3, ll. 44; "a rim 42 extends upwardly from flange 38 and defines the circular open top of the container 12. Rim 42 comprises a semi-circular shaped bead 44 on the upper extremity thereof, extending radially outward and spaced above the flange 38"), the bridging portion having a cross-section that is narrower than a cross-section of both of the first and second sealing portions such that when a downward force is applied to the second sealing portion the bridging portion bends to allow the second sealing portion to move toward the first sealing portion (notches 40, Letica Fig. 3 Annotated, Col. 3, ll. 39; "said second leg 41 is provided with a plurality of access notches 40 therein which are circumferentially aligned in registration above vertical reinforcement ribs 32 and present downwardly inclined surface areas adjacent the outer edge of flange 38", it is understood that notches 40 are formed in second leg 41 thereby tapering the cross-sectional area in comparison to those of connecting flange 38 and rim 42 and further allowing second leg 41 to bend and flex between them).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the extended portion of the filter basket disclosed by Gross, in view of Rivera, to incorporate the upper sealing region, including the flexible sealing portion, first and second sealing portions, and the bridging portion connecting them as taught by Letica to further allow the modified basket to be easily sealed with the modified container disclosed by Gross, thereby providing [0004]; “an easy to use large scale cold brew system”.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Gross (US 20160296062 A1) modified with Rivera (US 20200170442 A1) and Letica (US 4349119 A) as applied to claim 6 above, and further in view of Andress et al. (US 5356062 A), hereinafter Andress.
Regarding Claim 7, Gross as modified discloses the claimed invention substantially as claimed as set forth for Claim 6 above.
Neither Gross nor Rivera explicitly disclose wherein the first sealing portion and the second sealing portion each have four arcuate portions and four straight portions with the arcuate portions and straight portions disposed in an alternating fashion to establish a square shape with curves instead of corners.
Letica teaches the first sealing portion (connecting flange 38, Letica Fig. 3 Annotated) and the second sealing portion (rim 42, Letica Fig. 3 Annotated)
Letica does not explicitly disclose wherein the first sealing portion and the second sealing portion each have four arcuate portions and four straight portions with the arcuate portions and straight portions disposed in an alternating fashion to establish a square shape with curves instead of corners.
Andress teaches:
four arcuate portions (transverse corners 119, 120, Andress Fig. 10 Annotated, Col. 8, ll. 31; "the transverse corners, here 119 and 120") and four straight portions (container 72 - straight portions, Andress Fig. 10 Annotated) with the arcuate portions and straight portions disposed in an alternating fashion to establish a square shape with curves instead of corners (container 72, Andress Fig. 10 Annotated, Col. 7, ll. 1; "a rectangular container assembly, in this instance a square container, is indicated generally at 70 in FIG. 10").
Andress (US 5356026 A) Fig. 10 Annotated
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Regarding the claim limitation that the first and second sealing portions of the basket have a square shape with curves instead of corners, at the time the invention was made it would have been an obvious matter of design choice to a person of ordinary skill in the art to have square shaped sealing portions of said basket, instead of round or cylindrical, because applicant has not disclosed that the square shape with curves instead of corners provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art would have expected the applicant’s invention to perform equally well with square or round shapes, because both shapes perform the function of providing a sealed brewing chamber within the container equally well; see MPEP § 2144.04(IV)(B).
Regarding Claim 8, Gross as modified discloses the claimed invention substantially as claimed as set forth for Claim 7 above.
Gross as modified discloses wherein the basket (filter basket 102, Gross Fig. 1 Annotated) includes a respective one or more flanges (filter basket 102 - ridge, Gross Fig. 1 Annotated, [0010]; "the filter basket comprising a ridge outwardly extending from an outer surface of the filter basket") that extend radially outward from a side wall of the extended portion (filter basket 102 - extended portion, Gross Fig. 1 Annotated, [0010]; "said ridge being located at or near an upper rim of the filter basket and extending around at least a majority of the diameter of the filter basket").
Neither Gross nor Rivera explicitly disclose wherein one or more of the four straight portions of the second sealing portion includes an elongate cavity that extends a portion of the length of the respective straight portion, wherein the basket includes a respective one or more flanges that extend radially outward from a side wall of the extended portion in registry with the respective one or more straight portions that include the elongate cavity, wherein each of the flanges extend within the respective elongate cavities.
Letica was modified with Andress to incorporate the straight and arcuate portions as discussed in Claim 7 above. It is understood that the circular shape of the basket disclosed by Gross and the circular shapes of the sealing portions taught by Letica and incorporated into the basket have been modified into a square shape with curves instead of corners as previously mentioned.
Letica as modified teaches:
wherein one or more of the four straight portions of the second sealing portion (rim 42, Letica Fig. 3 Annotated) includes an elongate cavity that extends a portion of the length of the respective straight portion (locking lip 46, Letica Fig. 3 Annotated, Col. 3, ll. 48; "an arcuately-shaped locking lip 46 is defined on the opposite extremity of rim 42, interior of the container 12. Bead 44 and locking lip 46 are connected by a substantially flat, inclined sealing surface 48 extending therebetween inside the container 12"), wherein the basket includes a respective one or more flanges that extend radially outward from a side wall of the extended portion in registry with the respective one or more straight portions that include the elongate cavity (locking lip 46, Letica Fig. 3 Annotated), wherein each of the flanges extend within the respective elongate cavities (locking lip 46, Letica Fig. 3 Annotated).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the invention disclosed by Gross, in view of Rivera, with the locking lip elongate cavities taught by Letica to maintain the alignment of the basket, sealing components, pump assembly, and container disclosed by Gross in service of providing [0004]; “an easy to use large scale cold brew system”.
Claims 12-18 are rejected under 35 U.S.C. 103 as being unpatentable over Gross (US 20160296062 A1) modified with Rivera (US 20200170442 A1) as applied to claim 1 above, and further in view of Andress (US 5356062 A).
Regarding Claim 12, Gross as modified discloses the claimed invention substantially as claimed as set forth for Claim 1 above.
Gross as modified discloses the system of claim 1, further comprising a support (ring 607, Gross Fig. 6 Annotated) that rests upon the upper sealing region of the basket (filter basket 601, Gross Fig. 6 Annotated), and the support comprising an angled side surface upon each side such that a top edge of the support along each of the four sides is radially outward from a lower inner edge along each of the four sides (extensions 608, Gross Fig. 10 Annotated, [0038]; "a ring 607 is placed in the inner rim 610 of bucket 600. As seen in FIG. 10, the ring 607 has a generally circular configuration have a width W1 and two inward extensions 608 that create narrower width W2", it is understood that W1 and W2 represent two different widths within support ring 607 and as they are radially aligned, it is further understood that W1 and W2 form an angled side surface connecting the two widths annularly around the center hole axis).
Neither Gross nor Rivera explicitly disclose the system of claim 1, further comprising a support that rests upon the upper sealing region of the basket, the support includes four sides that collectively form a square shape with arcuate corners, the support comprising an angled side surface upon each side such that a top edge of the support along each of the four sides is radially outward from a lower inner edge along each of the four sides.
Andress teaches four sides (container 72 - straight portions, Andress Fig. 10 Annotated) that collectively form a square shape (container 72, Andress Fig. 10 Annotated, Col. 7, ll. 1; "a rectangular container assembly, in this instance a square container, is indicated generally at 70 in FIG. 10") with arcuate corners (transverse corners 119, 120, Andress Fig. 10 Annotated).
Gross (US 20160296062 A1) Fig. 6 Annotated
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Gross (US 20160296062 A1) Fig. 10 Annotated
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Regarding the claim limitation that the support that rests upon the upper sealing region of the basket has a square shape with curves instead of corners, at the time the invention was made it would have been an obvious matter of design choice to a person of ordinary skill in the art to have a square shaped support insert, instead of round or cylindrical, because applicant has not disclosed that the square shape with curves instead of corners provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art would have expected the applicant’s invention to perform equally well with square or round shapes, because both shapes perform the function of providing a support interface for the brewing chamber to be sealed within the container equally well; see MPEP § 2144.04(IV)(B).
Regarding Claim 13, Gross as modified discloses the claimed invention substantially as claimed as set forth for Claim 12 above.
Gross as modified discloses:
wherein when a filter bag (disposable paper filter 403, Gross Fig. 4 Annotated, [0036]; "the filter basket 401 has a filter body 402 that is designed to support a disposable paper filter 403 which can be held in place in use by retaining ring 404", it is understood that the disposable filter from this embodiment is also included but not directly referenced in the embodiment depicted in Fig. 9 Annotated) is installed within the system and within an internal volume of the extended portion (extending section 605, Gross Fig. 9 Annotated, [0038]; "filter basket 601 has an extending section 605 extending from each side the outside surface of the filter basket 601"), wherein an open end of the bag