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 .
The status of the 07/29/2025 claims, is as follows: Claims 1, 3-4, 6, 8, 10, 13-14, and 16 have been amended; Claims 2, and 5 have been canceled; and claims 1, 3-4, and 6-20 are pending.
Information Disclosure Statement
The (1) information disclosure statements (IDS) submitted on 07/29/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 3-4, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Tsang (US 20150013551) in view of Buck (US 20230157485) and CN’288 (CN 203483288U, published on 03/19/2014)
Regarding Claim 1, Tsang discloses an apparatus for infusion of a solvent with an infusing material (milk frothing device; fig. 1) (it is noted “for infusion of a solvent with an infusing material” is a statement of intended use) comprising:
a base (base 17; figs. 1 and 4);
a controller (circuit board 19) (para. 0029) comprising a power source (“Motor 12 derives its power from the circuit board 19 in the base 17”, para. 0029);
a removable container (container 2) having a bottom surface configured to removably interconnect with a top surface of the base (annotated fig. 1) (“the container does not contain any electric components and may be separated from the base”, abstract);
the top surface of the base comprising a heat source (heating element 8), and
a temperature sensor (temperature sensor 15) interconnected with the base (base 17) (para. 0026; fig. 1).
PNG
media_image1.png
397
929
media_image1.png
Greyscale
Tsang does not disclose:
wherein the heat source is controlled by the controller;
wherein:
the temperature sensor is configured to detect a temperature of the removable container and communicate the temperature of the removable container to the controller, and
the temperature sensor is a touchless temperature sensor, offset from the removable container.
However, Buck discloses an apparatus (kitchen machine; fig. 1) comprising a controller (controller 7; fig. 1),
wherein the heat source (heater 5) is controlled by the controller (controller 7) (“controller 7 is arranged in the base unit 4 and is configured to control the motor 3 and the heater 5 for processing food”, para. 0030);
wherein the temperature sensor (temperature sensor 6) is configured to detect a temperature of the container (vessel 1) and communicate the temperature of the container to the controller (“a temperature sensor configured to detect a temperature of the vessel,”, para. 0008).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the controller of Tsang such that the heat source is controlled by the controller and configure the controller of Tsang to be electronically connected to the temperature sensor as taught by Buck, in order to automate the apparatus such that the controller is configured to control at least the heat source based on the measured temperature of the beverage within the container.
It would have been obvious to one of ordinary skill in the art to modify the temperature sensor of Tsang in view of Buck such that it measures the temperature of the container such that the controller is configured to control the at least heat source based on the measured temperature of the container.
The modification does not disclose the temperature sensor is a touchless temperature sensor, offset from the removable container.
However, CN’288 discloses a temperature sensor (infrared sensing device 50) is a touchless temperature sensor, offset from the removable container (cup 20) (para. 0033 and 0030) (it is noted sensing device 50 is the touchless temperature sensor because it does not make contact with the cup 20 as shown in figs. 1-2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the placement of the temperature sensor of Tsang in view of Buck to be positioned in the recess that is offset from the removable container as taught by CN’288, because there is no need for the hole to be provided in the heat plate for the temperature sensor, hence there is no need for sealing structure to be provided on the heat plate, making the structure simpler (para. 0033 of CN’288). The modification would result in the structure as shown, in which the cavity is provided as shown to mount the temperature sensor in similar manner as shown in fig. 2 of CN’288.
PNG
media_image2.png
696
917
media_image2.png
Greyscale
Regarding Claim 3, the modification discloses the temperature sensor (temperature sensor 15 of Tsang) is configured to detect the temperature of the removable container (temperature of the container) at a height offset from a bottom of the removable container (this feature would be present based on the rejection to claim 1).
PNG
media_image2.png
696
917
media_image2.png
Greyscale
Regarding Claim 4, the modification discloses the base further comprising a structure (annotated fig. 1) having a first upright member (annotated fig. 1) extending upward from the base (base 17 of Tsang), wherein the structure is configured to be offset from the removable container when the removable container is interconnected with the base, and wherein the temperature sensor (temperature sensor 15) is interconnected with the first upright member (it is noted the modification would result in sensor 15 mounted to the first upright member in the same manner as shown in fig. 1 of CN’288).
PNG
media_image3.png
696
917
media_image3.png
Greyscale
Regarding Claim 6, CN’288 discloses wherein the temperature sensor (infrared sensing device 50) is directed radially inward toward the removable container (cup 20).
PNG
media_image4.png
970
698
media_image4.png
Greyscale
Claims 8-9, and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over the modiication of Tsang (US 20150013551), Buck (US 20230157485), and CN’288 (CN 203483288U, published on 03/19/2014) as applied to claim 1, further in view of Chen (US 20140047985)
Regarding Claim 8, the modification discloses substantially all of the claimed features as set forth above, except the apparatus further comprising a presence sensor configured to:
detect presence or absence of the removable container, and
communicate the presence or the absence of the removable container to the controller.
However, Chen discloses an apparatus (appliance for preparing frothed or mixed beverage; abstract) further comprising a presence sensor (detector 14; fig. 3) (“a detector (14) for liquid container detection”, para. 0044. It is noted there is separate detector for detecting the presence of the container and a separate detector for detecting temperature. In this case, the detector 14 is relied upon for detecting presence of the container) configured to:
detect presence of the removable container (container 2) (para. 0044), and
communicate the presence of the removable container to the controller (para. 0044).
PNG
media_image5.png
546
729
media_image5.png
Greyscale
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Tsang in view of Buck and CN’288 to include the presence sensor (i.e. by incorporating the detector 14 and microswitch of Chen into the base 17 of Tsang), in order to detect when the container is mounted to the base to initiate heating and stirring processes thereby conserving energy because the heating and stirring processes are only initiated when the presence of the container is detected (para. 0044 and 0033 of Chen).
Regarding Claim 9, Chen discloses when the presence sensor (detector 14) detects the presence of the removable container (detection of container 2) (para. 0044), the controller (electric control) configures the heat source (heating system) in an on configuration (para. 0042, 0044, and 0023), and
wherein when the presence sensor detects the absence of the removable container, the controller configures the heat source in an off configuration (para. 0044) (it is noted in order to avoid the appliance operated without the container 2, the detector 14 is used to detect the presence of the container. When detection is made, the heating system is turned on. When no detection of the container 2 is made, the heating system is turned off).
Regarding Claim 12, Tsang discloses the apparatus further comprising an agitator (magnet 5 and stirrer 3, magnet 14 and motor 12) interconnected with a bottom internal surface of the removable container (container 2) (para. 0026; fig. 1).
Regarding Claim 13, Tsang discloses the apparatus wherein the agitator (magnet 5 and stirrer 3, magnet 14 and motor 12) comprises a stirring portion (magnet 5 and stirrer 3) and a driving portion (magnet 14 and motor 12), wherein:
the stirring portion (magnet 5 and stirrer 3) comprises a magnetic material (magnet 5), and is interconnected with the removable container (container 2), and
the driving portion (magnet 14 and motor 12) comprises a magnet (magnet 14) and the driving portion (magnet 14 and motor 12) is interconnected with the base (base 17) (para. 0026; fig. 1).
Regarding Claim 14, the modification discloses substantially all of the claimed features as set forth above, except further comprising a presence sensor, wherein the presence sensor is interconnected with the controller;
the presence sensor is configured to detect a presence or an absence of the removable container, and communicate the presence or the absence of the removable container to the controller.
However, Chen discloses an apparatus (appliance for preparing frothed or mixed beverage; abstract) further comprising a presence sensor (detector 14; fig. 3) (“a detector (14) for liquid container detection”, para. 0044. It is noted there is separate detector for detecting the presence of the container and a separate detector for detecting temperature. In this case, the detector 14 is relied upon for detecting presence of the container), wherein the container presence sensor (detector 14) is interconnected with the controller (an electronic control) (para. 0023);
the presence sensor is configured to detect a presence of the removable container (container 2), and communicate the presence of the removable container to the controller (para. 0044).
PNG
media_image5.png
546
729
media_image5.png
Greyscale
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Tsang in view of Buck and CN’288 to include the presence sensor (i.e. by incorporating the detector 14 and microswitch of Chen into the base 17 of Tsang), in order to detect when the container is mounted to the base to initiate heating and stirring processes thereby conserving energy because the heating and stirring processes are only initiated when the presence of the container is detected (para. 0044 and 0033 of Chen).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over the modiication of Tsang (US 20150013551), Buck (US 20230157485), and CN’288 (CN 203483288U, published on 03/19/2014) as applied to claim 6, further in view of Xiong (US 20220039602)
Regarding Claim 7, the modification discloses substantially all of the claimed features as set forth above, except wherein the temperature sensor further comprises a sleeve wherein the temperature sensor is configured to detect the temperature of the removable container through a bore of the sleeve.
However, Xiong discloses a temperature sensor (thermostat 222) further comprises a sleeve (sleeve 2221) wherein the temperature sensor is configured to detect the temperature of the removable container through a bore of the sleeve (para. 0055-0056).
PNG
media_image6.png
274
396
media_image6.png
Greyscale
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the temperature sensor of Tsang in view of Buck and CN’288 to be encased in the sleeve as taught by Xiong, in order to protect the temperature sensor from dirt, thereby prolong the longevity of the temperature sensor.
Claims 10-11, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over the modification of Tsang (US 20150013551), Buck (US 20230157485), CN’288 (CN 203483288U, published on 03/19/2014), and Chen (US 20140047985) as applied to claim 9 above, further in view of Kim (US 20230320532)
Regarding Claim 10, the modification discloses substantially all of the claimed features as set forth above, except wherein the presence sensor comprises a light emitter and a light collector, wherein the light collector measures the amount of light from the light emitter which is reflected back to determine the presence or the absence of the removable container.
However, Kim discloses a presence sensor (container recognition device 800; fig. 23a) comprises a light emitter (light emitting element 810) and a light collector (light receiving element 820), wherein the light collector measures the amount of light from the light emitter which is reflected back to determine the presence or the absence of the removable container (container) (para. 0137).
PNG
media_image7.png
434
398
media_image7.png
Greyscale
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the presence sensor of Tsang, Buck, CN’288, and Chen (i.e. replacing the detector 14 of Chen) with the container recognition device 800 of Kim by incorporating the light emitter and the light receiver to the base of Tsang, in order to utilize light beam for container detection. The container recognition device 800 is superior to the detector 14 of Chen because the device 800 uses light beam for container detection which is more reliable than the detector 14 of Chen that relies on physical contact with the container that may lead to mechanical damage to the presence sensor 14 resulting from multiple impacts by the container as the container is removed and place back into the apparatus.
Regarding Claim 11, the modification discloses substantially all of the claimed features as set forth above, wherein the presence sensor (detector 14 of Chen) is configured to detect the presence of the container.
The modification does not disclose the presence sensor (container recognition device 800; fig. 23a) comprises an infrared light collector.
However, Kim discloses a presence sensor comprises an infrared light collector (light receiving element 820) (para. 0137).
PNG
media_image7.png
434
398
media_image7.png
Greyscale
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the presence sensor of Tsang, Buck, CN’288, and Chen (i.e. replacing the detector 14 of Chen) with the container recognition device 800 of Kim by incorporating the light emitter and the light receiver to the base of Tsang, in order to utilize light beam for container detection. The container recognition device 800 is superior to the detector 14 of Chen because the detector 14 of Chen relies on physical contact with the container that may lead to mechanical damage to the presence sensor 14 resulting from multiple impacts by the container as the container is removed and place back into the apparatus.
Regarding Claim 15, the modification discloses when the presence sensor (container recognition device 800 of Kim) detects the presence of the removable container (container 2 of Tsang), the controller (circuit board 19 of Tsang) configures the heat source (heating element 8 of Tsang) in an on configuration (para. 0042 and 0044 of Chen), and wherein when the presence sensor detects the absence of the removable container, the controller configures the heat source in an off configuration (para. 0044 of Chen) (according to Chen, it is noted in order to avoid the appliance operated without the container, the detector 14 is used to detect the presence of the container. When detection is made, the heating system is turned on. When no detection of the container 2 is made, the heating system is turned off).
Claims 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over the modification of Tsang (US 20150013551), Buck (US 20230157485), and CN’288 (CN 203483288U, published on 03/19/2014) as applied to claim 4 above, further in view of Gilbert (US 5265517)
Regarding Claim 16, the modification substantially all of the claimed features as set forth above, wherein the structure extends upward (annotated fig. 1).
PNG
media_image8.png
696
917
media_image8.png
Greyscale
The modification does not disclose a height of the structure is greater than a height of the removable container.
However, Gilbert discloses a height of the structure (vertical support arms and housing 10; annotated fig. 1) is greater than a height of the removable container (receptacle 16) (fig. 1).
PNG
media_image9.png
610
801
media_image9.png
Greyscale
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the structure of Tsang in view of Buck and CN’288 with the structure of Gilbert (i.e. having the vertical support arms and housing 10) such that the height of the structure is greater than the height of the container as taught by Gilbert, in order to provide the supporting means to the ingredient container mounted above the removable container to provide the ability to infuse the contents of the removable container with the ingredients from above to produce desired beverage.
Regarding Claim 17, Gilbert discloses the structure (vertical support arms and housing 10; annotated fig. 1) further comprises a lateral member (housing 10) having a first end interconnected with the first upright member (support arm on the left) wherein the lateral member extends in a radially inward direction (fig. 1); the lateral member (housing 10) further comprises a height (height is measured from the base) wherein the height of the lateral member is greater than the height of the removable container (annotated fig. 1).
PNG
media_image10.png
610
957
media_image10.png
Greyscale
PNG
media_image11.png
610
815
media_image11.png
Greyscale
Regarding Claim 18, Gilbert discloses the structure (vertical support arms and housing 10; annotated fig. 1) further comprises a second upright member (support arm on the right); the second upright member is interconnected with the base (base 2) and extends upward (fig. 1); and a second end of the lateral member (second end of the reservoir) is interconnected with the second upright member (support arm on the right), wherein the removable container (receptacle 16) is configured to be interconnected with the base (base 2) wherein the removable container is between the first upright member (left support arm) and the second upright member (right support arm), and below the lateral member (housing 10). The motivation is to provide the ability to infuse the contents of the container with the ingredients from above to produce desired beverage.
PNG
media_image11.png
610
815
media_image11.png
Greyscale
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over the modification of Tsang (US 20150013551), Buck (US 20230157485), CN’288 (CN 203483288U, published on 03/19/2014), and Gilbert (US 5265517) as applied to claim 18 above, further in view of Pan (US 20080168906)
Regarding Claim 19, the modification discloses substantially all of the claimed features as set forth above, except the apparatus further comprising a permeable container;
the permeable container comprises a hook configured to suspend the permeable container within the removable container from a rim of the removable container.
However, Pan discloses an apparatus (fig. 2) further comprising a permeable container (filter 14; fig. 2) (“eccentric filter is a container placed in the extracting cup”, para. 0006 and para. 0020);
the permeable container (filter 14) comprises a hook (annotated fig. 5) configured to suspend the permeable container (cup 12) within the removable container from a rim of the removable container (fig. 5).
PNG
media_image12.png
320
536
media_image12.png
Greyscale
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Tsang, Buck, CN’288, and Gilbert to include the permeable container comprising a hook configured to suspend from the rim of the removable container as taught by Pan, in order to provide a way for the ingredients to be suspended within the removable cup such that the ingredients may be efficiently steeped into the contents of the removable container such that the desired beverage is obtained.
Regarding Claim 20, the modification discloses the permeable container (filter 14 of Pan) comprises a portion of an annular form (fig. 2 of Pan) wherein an outer diameter of the permeable container (filter 14 of Pan) is configured to nest within an inner diameter of the removable container (container 2 of Tsang).
Response to Amendment
With respect to 112b rejection: since amendment made to claim 13, therefore the 112b rejection is withdrawn.
Response to Arguments
Applicant’s arguments filed on 07/29/2025 with respect to prior art rejections have been fully considered but are respectfully considered moot in view of the new ground(s) of rejections.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BONITA KHLOK whose telephone number is (571)270-7313. The examiner can normally be reached on M-F: 9:00am-6pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached on (571)272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BONITA KHLOK/ Examiner, Art Unit 3761
/SANG Y PAIK/Primary Examiner, Art Unit 3761