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 .
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.
Claim Objections
Claims objected to because of the following informalities: claim 1 should begin with, emphasis added “a Capsule” proceeding claims should begin with emphasis added “the capsule”. Similarly claims 19-33 should address emphasis added “a system”, “the system”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 19-33 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claims 19 and 33 recite fluid injection means however the specifications do not provide structure to correspond to the injection means and the drawings merely show a box (10) representing injection means.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1-8,11 and 13-33 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 1, 3, 19, 21 and 33, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d),
Similarly claim 1 recites, emphasis added “the second height may be zero” which renders the claims indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention.
Similarly claim 2, 5, 13, 14, 15, 17, 22, 26, 27, 28 and 30 recite the term “preferably” which provides indetermination to described features as necessarily inclusive to claim, it is unclear whether the limitations following the phrase are part of the claimed invention or if the limitations before the phrase are part of the claimed invention.
Similarly claims 30 and 31 recites “wherein optionally”, which renders the claims indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-8, 11, 13, 18, 19, 21-26 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Zweed (US 2014/0170281) in view of Chapman (US 2016/0075506).
Regarding claim 1, Zweed as modified teaches a capsule (101) containing a substance (brewing capsule “The invention relates to a capsule for use in a device for preparing beverage said capsule being provided with a sealing element comprising a cavity. The invention also relates to an assembly of such a capsule and a device for preparing beverages. The invention further relates to a method for preparing beverages by making use of such an assembly.” (abstract)) for the preparation of a potable beverage by extracting and/or dissolving the substance by means of supplying a fluid under pressure into the capsule (brewing via water pressure in capsule “The upper wall will be perforated in a capsule holder of a device for preparing beverages, after which water, in practice generally a mixture of water and air, is pressed into capsule 101 at a pressure of between 1 and 20 bar.” [0036]),
wherein the capsule comprises an aluminum capsule body (aluminum anticipated to body/housing “The housing can be manufactured from diverse materials, including aluminium and/or plastic,” [0011]) having a central capsule body axis (central axis of round capsule as shown in figure 1c), said aluminum capsule body being provided with a bottom (bottom of capsule at sealing film/cover 108, see figure 1), a side wall (3) and an outwardly extending flange (107), the capsule further comprising an aluminum cover (cover/foil 108 “The foil can seal a discharge side or a supply-side of the capsule, depending on the type of capsule. The foil can already be provided here before use with perforations which have a size such that liquid can be allowed through and solid parts are held back.” [0015] cover/foil may be aluminum “The foil generally also comprises aluminium” [0011]) attached to the outwardly extending flange (as shown in figure 1d, “The connection between flange 107 and foil 108 is preferably realized by means of (ultrasonic) heat welding” [0036]), the cover hermetically closing the capsule (pressurization of capsule as disclosed above [0036] via puncturing through foil seal as disclosed above [0015]),
wherein the capsule further comprises a sealing member (where 118 contact outer periphery of 120, see figures 2a/2b) at the outwardly extending flange for providing a fluid sealing contact with an enclosing member (119a) of a beverage preparation device if the capsule is positioned in the enclosing member of the beverage preparation device and the enclosing member is closed by means of a closing member (119a at contact 120, see figure 2a/2b) of the beverage preparation device, such as an extraction plate (110/119b) of the beverage preparation device, such that the outwardly extending flange of the capsule and at least a portion of the sealing member of the capsule are sealingly engaged between the enclosing member and the closing member of the beverage preparation device (as shown in figure 2b and sealing as disclosed above [0036][0015]),
wherein the enclosing member of the beverage preparation device comprises an annular element (nature of sealing engagement to the annular flange of capsule, see figures 2a and 2b) having a central annular element axis (axis of annular components) and a free contact end (where 119a contacts 109a, generally 120, see figures 2a and 2b), characterized in that, the capsule comprises a bearing (shaped and deformable surface 118 to include at wall of capsule) for the enclosing member of the beverage preparation device if the capsule is positioned in the enclosing member of the beverage preparation device and the enclosing member is closed by means of a closing member (closing member function disclosed above -119a at contact 120, see figure 2a/2b) of the beverage preparation device, said bearing enclosing at least a portion of the free contact end of the annular element (as shown between figures 2a and 2b),
wherein prior to use at least a first portion of the bearing lays at a first height above the cover (bearing 118 as shown in figure 1d/2a at height above flange 107),
wherein, in use, upon closing of the enclosing member by means of the closing member the at least one first portion of the bearing is lowered by means of the free contact end of the annular element being moved towards the closing element (as shown in figure 2b),
wherein the bearing is at least partly folded over the free contact end of the annular element so that after closing of the enclosing member by means of the closing member the at least one first portion of the bearing lays at a second height above the cover (bearing 118 has areas pressed to lower height while further areas of bearing are pushed to form within recessed area of closing member “As shown in FIG. 2b, an inner absorption cavity 116 is pressed empty here, whereby the other absorption cavities 116 swell and engage under bias on the first holder part 119a.” [0039], see figure 1d/2a in comparison to figure 2b showing deformity of 109/118/116),
wherein the first height is larger than the second height
wherein the bearing enclosing at least a portion of the free contact end of the annular element is at least partly formed by the sealing member (deform as nature to changing heights via the contact pressure of sealing member 119a/120 at wall of capsule) and
wherein the sealing member comprises a projection (where 118 fills void of 119a distal to 120, see figures 2a/2b) projecting from the outwardly extending flange and a plateau (where 120 flattens 118) between the projection and the side wall of the aluminum capsule body,
wherein the bearing is formed by the projection, plateau and the side wall of the aluminum capsule body (deformity by 119a to 118 as shown in figure 2b),
wherein the distance between the projection and the side wall is such that the free contact end of the annular element is enclosed by the projection and the side wall of the aluminum capsule body if the capsule is positioned in the enclosing member of the beverage preparation device and the enclosing member is closed by means of a closing member of the beverage preparation device (see similarity of applicants selected embodiment of 4E compared to Zweed figure 2b, both providing very proximal wall of capsule closing member, the closing member causing lateral forces resisted by very proximal capsule wall “During this clamping the sealing element 109a will be clamped and deformed such that sealing element 109a exerts a lateral force on a longitudinal side of first holder part 119a, whereby the sealing of capsule 101 in capsule holder 119 is improved.” [0039]),
wherein prior to use at least one first portion of the plateau lays at a first height above the cover (before being pressed by 119a/120, see figure 2a),
wherein, in use, upon closing of the enclosing member by means of the closing member the at least one first portion of the plateau is lowered by means of the free contact end of the annular element being moved towards the closing element so that the plateau is at least partly folded pressed to lower height while further areas of bearing are deformed laterally / folded to form within recessed area of closing member “As shown in FIG. 2b, an inner absorption cavity 116 is pressed empty here, whereby the other absorption cavities 116 swell and engage under bias on the first holder part 119a.” [0039], see figure 1d/2a in comparison to figure 2b showing vertical and lateral deformity of 118/116),
wherein after closing of the enclosing member by means of the closing member, the at least one first portion of the plateau lays at a second height above the cover (see difference in heights between figures 2a/2b)
wherein the first height is larger than the second height and the second height may be zero (see difference in heights between figures 2a/2b).
Zweed is silent regarding (emphasis added to lacking feature portion) the bearing lays at a second height above the cover and the second height may be zero.
However Chapman teaches the bearing lays at a second height above the cover and the second height may be zero (the bearing is of a single material to flange such that its height relative to cover doesn’t have additional material therebetween “The cup-shaped body may comprise a unitary piece of laminate material.” [0056]).
The advantage of the bearing lays at a second height above the cover and the second height may be zero is to provide a simplifying unitary piece construction “The cup-shaped body may comprise a unitary piece of laminate material.” [0056] of the capsule that enhances sealing “the deformation of the annular trough may also cause an outward pressure to be exerted by the side wall on the inner face of the enclosing member to form a further sealing interface.” [0036].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Zweed and Chapman before him or her, to modify the double component flange and seal/bearing of Zweed to include the unitary flange/bearing of Chapman, because a unitary capsule body may simply construction and enhance sealing.
Regarding claim 2, Zweed as modified teaches Capsule according to claim 1, Zweed as already modified teaches wherein the thickness of the aluminum capsule body is 20 to 120 micrometer, preferably 100 micrometer (as already modifying Chapman provides thickness “The cup-shaped body may have a thickness in the range of 80 to 500 microns” [0062]).
Regarding claim 3, Zweed as modified teaches the capsule according to claim 1, Zweed as already modified teaches wherein the aluminum cover is arranged to tear open on a closing member (119) of the beverage preparation device (closing member 119 “Capsule holder 119 here comprises a first holder part 119a and a second holder part 119b displaceable relative to first holder part 119a. First holder part 119a comprises one or more cutting elements (not shown) for perforating upper wall 103 of capsule 101.” [0039]), such as an extraction plate (110/119b) of the beverage preparation device under the influence of fluid pressure in the capsule (build up of pressure in capsule/housing may provide puncturing of cover/foil against cutting/perforation elements “The perforation element can here form a cutting edge which can extend over the whole or partial edge part of the perforation structure. In addition, it is possible to envisage application of more centrally positioned perforation elements. In order to be able to guarantee a reliable perforation, it is generally advantageous that the foil initially engages under bias on at least one perforation element. This is because sufficient pressure buildup in the housing of the capsule will, as a result of the bias, result relatively quickly in perforation of the foil.” [0024] or as already modified by Chapman “wherein perforation of the foil is caused by deformation of the foil during pressing of the liquid through the capsule.” [0016]).
Regarding claim 4, Zweed as modified teaches capsule according to claim 1, Zweed as already modified teaches teaches wherein the side wall of the aluminum capsule body has a free end (end of capsule having opening sealed by foil) opposite the bottom, the outwardly extending flange extending from said free end (as seen in figure 1d) of the side wall in a direction at least substantially transverse to the central capsule body axis (as shown in figure 1d), wherein the outwardly extending flange comprises a curled (outer edge curled/rolled over as already modified by Chapman “the second side wall section 62 may comprise between the outer wall 68 and the rolled-over portion 48 of the rim 47 an additional annular ridge 70 which may provide additional stiffness to the outer portion of the flange.” [01117]) outer edge (outer edge 114, see figure 1d), wherein the sealing member (foil 108) is positioned between the free end of the side wall of the aluminum capsule body and an inner edge of the curled outer edge of the outwardly extending flange (as shown in figure 1d).
Regarding claim 5, Zweed as modified teaches capsule according to claim 1, Zweed as already modified teaches wherein the height of the sealing member portion to be contacted first by the free end of the enclosing member when the enclosing member is closed is at least about 0.1 mm, more preferably at least 0.2 mm and most preferably at least 0.8 mm and at most 3 mm, more preferably at most 2 mm and most preferably at most 1.2 mm (as already modifying Chapman provides a folding seal 67 with top thereof at various height ranges “The apex 67 may be raised above the floor 64 by a distance from 0.75 to 2.5 mm.” [0100], see figures 5 and 6 in deformed/folded shape in view of figures 3 and 4 before deforming. The height of seals of Chapman being dependent to scale of capsule inherently and as stated to sealing force required by pressure variables “The leading edge 23 may also act to pinch the material of the side wall 43 during this movement which consequently causes the ridge zone 63 to be pivoted inwards to bring the apex 67 of the ridge zone 63 and/or the outer wall 66 of the annular trough 60 into sealing engagement with the outer face 24 of the annular element 22 as shown in FIG. 6. Importantly, the initial point of contact between the leading edge 23 and the floor 64 is axially spaced from the capsule holder 20 such that there is room for the side wall 43 to deform downwards towards the capsule holder 20 enough to allow for inward pivoting of the ridge zone 63 before the side wall 43 is nipped against the capsule holder 20.” Chapman [0112], the ranges of pressure of pressure being 9-14 bar of Chapman “The aqueous medium will typically be supplied at a pressure of up to 9 to 14 bar” [0092], the ranges of pressure of primary reference Zweed anticipates a larger range of 1-20 bar “in practice generally a mixture of water and air, is pressed into capsule 101 at a pressure of between 1 and 20 bar.” [0036] therefor the associated range of seal height is obvious to a greater range).
Regarding claim 6, Zweed as modified teaches capsule according to claim 1, Zweed as already modified teaches wherein the distance between the projection and the side wall of the aluminum capsule body is such that the free contact end of the annular element is contacted by the projection (as shown in figure 2b) and the side wall of the aluminum capsule body (as already modified by Chapman “the deformation of the annular trough may also cause an outward pressure to be exerted by the side wall on the inner face of the enclosing member to form a further sealing interface.” [0036].) if the capsule is positioned in the enclosing member of the beverage preparation device and the enclosing member is closed by means of a closing member of the beverage preparation device (as shown between figures 2a 2b).
Regarding claim 7, Zweed as modified teaches capsule according to claim 1, Zweed as already modified teaches wherein the projection, the side wall of the aluminum capsule body and the plateau are arranged such that the free contact end of the annular element is contacted by the plateau if the capsule is positioned in the enclosing member of the beverage preparation device and the enclosing member is closed by means of a closing member of the beverage preparation device (as shown between figures 2a/2b).
Regarding claim 8, Zweed as modified teaches capsule according to claim 1, Zweed as already modified teaches wherein the projection comprises a projection top (top of projection), and wherein the projection is configured such that its projection top exerts a radial force (radial force experience via the lateral displacement of flange features “As shown in FIG. 2b, an inner absorption cavity 116 is pressed empty here, whereby the other absorption cavities 116 swell and engage under bias on the first holder part 119a.” [0039], see figure 1d/2a in comparison to figure 2b showing vertical and lateral deformity of 118/116)) on the free contact end of the annular element (as shown in figures 2a and 2b) if the capsule is positioned in the enclosing member of the beverage preparation device and the enclosing member is closed by means of a closing member of the beverage preparation device (the closed position being the position when force is applied to seal, see figure 2b).
Regarding claim 11, Zweed as modified teaches capsule according to claim 1, Zweed as already modified teaches wherein the plateau (portion of 118 deforming to closing member 119a at/near 120) comprises a curved portion (as shown in figures 1d and 2a/2b).
Regarding claim 13, Zweed as modified teaches capsule according to claim 1, Zweed as already modified teaches wherein the sealing member is deformable such that said bearing fluid sealingly encloses at least a portion of the free contact end of the annular element (as shown between figures 2a and 2b) if, in use, the maximum fluid pressure in the enclosing member of the beverage preparation device is in the range of 6-20 bar, preferably between 12 and 18 bar (anticipated 1-20 bar “in practice generally a mixture of water and air, is pressed into capsule 101 at a pressure of between 1 and 20 bar.” [0036]).
Regarding claim 18, Zweed as modified teaches capsule according to claim 1, Zweed as already modified teaches wherein the sealing member (lid/foil) and the remainder of the capsule body are made of the same plate material (as already modified by Chapman, the entire capsule body may be made of unitary material “preferably a whole of the cup-shaped body, may be formed from aluminium, an aluminium alloy or a laminate comprising at least one layer formed from aluminium or an aluminium alloy. A lacquer layer may be applied to one or both faces of the cup-shaped body. Alternatively, another, suitably ductile material could be utilised in place of the aluminium or aluminium alloy.” [0056], see figure 2, “The lid 41 may be formed from aluminium, an aluminium alloy or a laminate containing aluminium.” [0105]).
Regarding claim 19, Zweed as modified teaches system for preparing a potable beverage from a capsule using a fluid supplied under pressure into the capsule comprising:
a capsule according to claim 1; and
a beverage preparation device (device having enclosing member 119a) comprising an enclosing member (119a) for receiving the capsule,
wherein the enclosing member comprises fluid injection means (“a supply side for pressing a liquid such as water into the capsule” [0005]) for supplying fluid under pressure into the capsule (pressing of fluid disclosed above [0005]),
wherein the beverage preparation device further comprises a closing member (119a at 120), such as an extraction plate (110/119b), for closing the enclosing member of the beverage preparation device (as shown in figures 2a and 2b),
wherein the enclosing member of the beverage preparation device further comprises an annular element (nature of sealing engagement to the annular flange of capsule, see figures 2a and 2b) having a central annular element axis (axis of annular features) and a free contact end (where 119a contacts 109a, generally 120, see figures 2a and 2b).
Regarding claim 21, Zweed as modified teaches System according to claim 19, Zweed as already modified teaches wherein the aluminum cover is arranged to tear open on a closing member (119) of the beverage preparation device (closing member 119 “Capsule holder 119 here comprises a first holder part 119a and a second holder part 119b displaceable relative to first holder part 119a. First holder part 119a comprises one or more cutting elements (not shown) for perforating upper wall 103 of capsule 101.” [0039]), such as an extraction plate (110/119b) of the beverage preparation device under the influence of fluid pressure in the capsule (build up of pressure in capsule/housing may provide puncturing of cover/foil against cutting/perforation elements “The perforation element can here form a cutting edge which can extend over the whole or partial edge part of the perforation structure. In addition, it is possible to envisage application of more centrally positioned perforation elements. In order to be able to guarantee a reliable perforation, it is generally advantageous that the foil initially engages under bias on at least one perforation element. This is because sufficient pressure buildup in the housing of the capsule will, as a result of the bias, result relatively quickly in perforation of the foil.” [0024] or as already modified by Chapman “wherein perforation of the foil is caused by deformation of the foil during pressing of the liquid through the capsule.” [0016]).
Regarding claim 22, Zweed as modified teaches System according to claim 19, Zweed as already modified teaches wherein the height of the sealing member portion that is contacted first by the free end of the enclosing member is at least about 0.1 mm, more preferably at least 0.2 mm and most preferably at least 0.8 mm and at most 3 mm, more preferably at most 2 mm and most preferably at most 1.2 mm (as already modifying Chapman provides a folding seal 67 with top thereof at various height ranges “The apex 67 may be raised above the floor 64 by a distance from 0.75 to 2.5 mm.” [0100], see figures 5 and 6 in deformed/folded shape in view of figures 3 and 4 before deforming. The height of seals of Chapman being dependent to scale of capsule inherently and as stated to sealing force required by pressure variables “The leading edge 23 may also act to pinch the material of the side wall 43 during this movement which consequently causes the ridge zone 63 to be pivoted inwards to bring the apex 67 of the ridge zone 63 and/or the outer wall 66 of the annular trough 60 into sealing engagement with the outer face 24 of the annular element 22 as shown in FIG. 6. Importantly, the initial point of contact between the leading edge 23 and the floor 64 is axially spaced from the capsule holder 20 such that there is room for the side wall 43 to deform downwards towards the capsule holder 20 enough to allow for inward pivoting of the ridge zone 63 before the side wall 43 is nipped against the capsule holder 20.” Chapman [0112], the ranges of pressure of pressure being 9-14 bar of Chapman “The aqueous medium will typically be supplied at a pressure of up to 9 to 14 bar” [0092], the ranges of pressure of primary reference Zweed anticipates a larger range of 1-20 bar “in practice generally a mixture of water and air, is pressed into capsule 101 at a pressure of between 1 and 20 bar.” [0036] therefor the associated range of seal height is obvious to a greater range).
Regarding claim 23, Zweed as modified teaches System according to claim 19, Zweed as already modified teaches wherein the distance between the projection and the side wall of the aluminum capsule body is such that the free contact end of the annular element is contacted by the projection (as shown in figure 2b) and the side wall of the aluminum capsule body (as already modified by Chapman “the deformation of the annular trough may also cause an outward pressure to be exerted by the side wall on the inner face of the enclosing member to form a further sealing interface.” [0036].) if the capsule is positioned in the enclosing member of the beverage preparation device and the enclosing member is closed by means of a closing member of the beverage preparation device (as shown between figures 2a 2b).
Regarding claim 24, Zweed as modified teaches system according to claim 19, Zweed as already modified teaches wherein the projection, the side wall of the aluminum capsule body and the plateau are arranged such that the free contact end of the annular element is contacted by the plateau if the capsule is positioned in the enclosing member of the beverage preparation device and the enclosing member is closed by means of a closing member of the beverage preparation device (as shown between figures 2a and 2b).
Regarding claim 25, Zweed as modified teaches system according to claim 19, Zweed as already modified teaches wherein the projection comprises a projection top (top of projection), and
wherein the projection is configured such that its projection top exerts a radial force radial force experience via the lateral displacement of flange features “As shown in FIG. 2b, an inner absorption cavity 116 is pressed empty here, whereby the other absorption cavities 116 swell and engage under bias on the first holder part 119a.” [0039], see figure 1d/2a in comparison to figure 2b showing vertical and lateral deformity of 118/116)) on the free contact end of the annular element (as shown in figures 2a and 2b) if the capsule is positioned in the enclosing member of the beverage preparation device and the enclosing member is closed by means of a closing member of the beverage preparation device (the closed position being the position when force is applied to seal, see figure 2b).
Regarding claim 26, Zweed as modified teaches system according to claim 19, Zweed further disclose wherein, in use, the maximum fluid pressure in the enclosing member of the beverage preparation device is in the range of 6-20 bar, preferably between 12 and 18 bar (anticipated 1-20 bar “in practice generally a mixture of water and air, is pressed into capsule 101 at a pressure of between 1 and 20 bar.” [0036]).
Regarding claim 33, Zweed as modified teaches use of a capsule according to claim 1, Zweed as modified further teaches in a beverage preparation device comprising an enclosing member (119a) for receiving the capsule (as shown in figures 2a and 2b),
wherein the enclosing member comprises fluid injection means (“a supply side for pressing a liquid such as water into the capsule” [0005]) for supplying fluid under pressure into the capsule (as disclosed above [0005]),
wherein the beverage preparation device further comprises a closing member (119a at contact 120, see figure 2a/2b), such as an extraction plate (110/119b), for closing the enclosing member of the beverage preparation device (as shown in figures 2a and 2b),
wherein the enclosing member of the beverage preparation device further comprises an annular element (nature of sealing engagement to the annular flange of capsule, see figures 2a and 2b) having a central annular element axis (axis of annular element) and a free contact end (where 119a contacts 109a, generally 120, see figures 2a and 2b).
Claims 14, 15, 27, 28 and 31 are rejected under 35 U.S.C. 103 as being unpatentable over Zweed in view of Chapman and in further view of Kollep (US 2010/0107888).
Regarding claim 14, Zweed as modified teaches Capsule according to claim 1, Zweed as already modified teaches wherein the sealing member is deformable such that said bearing fluid sealingly encloses at least a portion (where seal contacts annular element, see figure 2a and 2b) of the free contact end of the annular element (nature of sealing capsule under pressure (abstract)) if, during brewing, said free contact end of the annular element exerts a force F2 on the sealing member of the capsule (force F2 being sealing force applied to 119a on 109 “During this clamping the sealing element 109a will be clamped and deformed such that sealing element 109a exerts a lateral force on a longitudinal side of first holder part 119a, whereby the sealing of capsule 101 in capsule holder 119 is improved.” [0039]), wherein F2 is in the range of 500-1500 N preferably in the range of 750-1250 N (range of pressure anticipated to maintain fluid pressure without leaking although not specifically disclosed, however it would be obvious to someone with ordinary skill in art the time invention was filed to provide force for sealing to be within the operable finite range of a minimum pressure needed to perform sealing and a maximum pressure withstand-able of seal, see MPEP 2144.05 B. II. Routine Optimization) when the fluid pressure P2 in said enclosing member outside the capsule is in the range of 6-20 bar, preferably between 12 and 18 bar (1-20 bar anticipated “The upper wall will be perforated in a capsule holder of a device for preparing beverages, after which water, in practice generally a mixture of water and air, is pressed into capsule 101 at a pressure of between 1 and 20 bar.” [0036]).
Additionally Kollep teaches fluid pressure of the brewing processes being distributed to sealing force “An incompressible elastic thrusting means such as this may be a block of deformable but relatively incompressible material. Since the block is made of a deformable material such as a silicone elastomer and occupies substantially the entire volume of the pressure chamber, it experiences a deforming thrust in a substantially radial direction of the duct 70 (FIG. 11) from a rest position (FIG. 10). The initial thrust surface on which the fluid pressure is exerted is substantially equal in size to the internal annular surface of the elastomer block. The thrust from the fluid is therefore substantially radial. Since a block such as this is incompressible, its external surface is compressed against the internal surface and the end surface of the piston unit in such a way that an axial thrust is absorbed perpendicular to the radial thrust of the fluid and therefore exerted on the piston unit in the direction of the nip region 16. The piston unit therefore moves towards the nip region, exerting forces that cause it to close against the seal 17.” [0082] see figures 10 and 11).
The advantage of using brewing fluid pressure in distribution to sealing force, is to supplement the force of sealing associatively to the pressure against the seal during brewing while having a reduced closure force by user “In general, the invention can be applied to any mechanical device for closing the extraction device in order to reduce the closure forces. For example, the reduction in closure forces makes it possible to use a motor rather than a manually-operated closure device (such as a lever). The assistance afforded by the hydraulic means thus described allows the force needed for mechanical closure to be reduced considerably. This application can be envisaged for an extraction system that uses cartridges with or without seals. In the case of sealless cartridges, sealing has then to be provided by a seal formed on the injection cage.” [0083].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Zweed as modified and Kollep before him or her, to modify single source pressure of sealing of Zweed to include the brewing pressure assisted sealing of Kollep, because the sealing pressure is in response to the brewing pressure and enables a lower force to apply sealing by user.
Regarding claim 15, Zweed as modified teaches capsule according to claim 1, Zweed as already modified teaches wherein the sealing member is deformable such that said bearing fluid sealingly encloses at least a portion of the free contact end of the annular element (nature of sealing capsule under brewing pressure (abstract)) if, in use, prior to or at the start of brewing, said free contact end of the annular element exerts a force F1 on the sealing member of the capsule (folding/deforming force as already disclosed), wherein the force F1 is in the range of 30-150 N, preferably 40-150 N and more preferably 50-100N (range of pressure anticipated to maintain fluid pressure without leaking although not specifically disclosed, however it would be obvious to someone with ordinary skill in art the time invention was filed to provide force for sealing to be within the operable finite range of a minimum pressure needed to perform sealing and a maximum pressure withstand-able of seal, see MPEP 2144.05 B. II. Routine Optimization), when the fluid pressure P1 in the enclosing member of the beverage preparation device outside the capsule is in the range of 0.1-4 bar, preferably 0.1-1 bar (1-20 bar anticipated, lower pressures inherent/necessitated to the accumulation process of pressurizing “The upper wall will be perforated in a capsule holder of a device for preparing beverages, after which water, in practice generally a mixture of water and air, is pressed into capsule 101 at a pressure of between 1 and 20 bar.” [0036]).
Additionally Kollep teaches fluid pressure of the brewing processes being distributed to sealing force “An incompressible elastic thrusting means such as this may be a block of deformable but relatively incompressible material. Since the block is made of a deformable material such as a silicone elastomer and occupies substantially the entire volume of the pressure chamber, it experiences a deforming thrust in a substantially radial direction of the duct 70 (FIG. 11) from a rest position (FIG. 10). The initial thrust surface on which the fluid pressure is exerted is substantially equal in size to the internal annular surface of the elastomer block. The thrust from the fluid is therefore substantially radial. Since a block such as this is incompressible, its external surface is compressed against the internal surface and the end surface of the piston unit in such a way that an axial thrust is absorbed perpendicular to the radial thrust of the fluid and therefore exerted on the piston unit in the direction of the nip region 16. The piston unit therefore moves towards the nip region, exerting forces that cause it to close against the seal 17.” [0082] see figures 10 and 11).
The advantage of using brewing fluid pressure in distribution to sealing force, is to supplement the force of sealing associatively to the pressure against the seal during brewing while having a reduced closure force by user “In general, the invention can be applied to any mechanical device for closing the extraction device in order to reduce the closure forces. For example, the reduction in closure forces makes it possible to use a motor rather than a manually-operated closure device (such as a lever). The assistance afforded by the hydraulic means thus described allows the force needed for mechanical closure to be reduced considerably. This application can be envisaged for an extraction system that uses cartridges with or without seals. In the case of sealless cartridges, sealing has then to be provided by a seal formed on the injection cage.” [0083].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Zweed as modified and Kollep before him or her, to modify single source pressure of sealing of Zweed to include the brewing pressure assisted sealing of Kollep, because the sealing pressure is in response to the brewing pressure and enables a lower force to apply sealing by user.
Regarding claim 27, Zweed as modified teaches system according to claim 19, Zweed as already modified teaches wherein the system is arranged such that, in use, during brewing, a free end of the enclosing member of the beverage preparation device exerts a force F2 on the sealing member of the capsule (force F2 being sealing force applied to 119a on 109 “During this clamping the sealing element 109a will be clamped and deformed such that sealing element 109a exerts a lateral force on a longitudinal side of first holder part 119a, whereby the sealing of capsule 101 in capsule holder 119 is improved.” [0039]) to provide a fluid sealing contact between the outwardly extending flange of the capsule and the enclosing member of the beverage preparation device,
wherein F2 is in the range of 500-1500 N preferably in the range of 750-1250 N (range of pressure anticipated to maintain fluid pressure without leaking although not specifically disclosed, however it would be obvious to someone with ordinary skill in art the time invention was filed to provide force for sealing to be within the operable finite range of a minimum pressure needed to perform sealing and a maximum pressure withstand-able of seal, see MPEP 2144.05 B. II. Routine Optimization) when the fluid pressure P2 in the enclosing member of the beverage preparation device outside the capsule is in the range of 6-20 bar, preferably between 12 and 18 bar (1-20 bar anticipated “The upper wall will be perforated in a capsule holder of a device for preparing beverages, after which water, in practice generally a mixture of water and air, is pressed into capsule 101 at a pressure of between 1 and 20 bar.” [0036]).
Additionally Kollep teaches fluid pressure of the brewing processes being distributed to sealing force “An incompressible elastic thrusting means such as this may be a block of deformable but relatively incompressible material. Since the block is made of a deformable material such as a silicone elastomer and occupies substantially the entire volume of the pressure chamber, it experiences a deforming thrust in a substantially radial direction of the duct 70 (FIG. 11) from a rest position (FIG. 10). The initial thrust surface on which the fluid pressure is exerted is substantially equal in size to the internal annular surface of the elastomer block. The thrust from the fluid is therefore substantially radial. Since a block such as this is incompressible, its external surface is compressed against the internal surface and the end surface of the piston unit in such a way that an axial thrust is absorbed perpendicular to the radial thrust of the fluid and therefore exerted on the piston unit in the direction of the nip region 16. The piston unit therefore moves towards the nip region, exerting forces that cause it to close against the seal 17.” [0082] see figures 10 and 11).
The advantage of using brewing fluid pressure in distribution to sealing force, is to supplement the force of sealing associatively to the pressure against the seal during brewing while having a reduced closure force by user “In general, the invention can be applied to any mechanical device for closing the extraction device in order to reduce the closure forces. For example, the reduction in closure forces makes it possible to use a motor rather than a manually-operated closure device (such as a lever). The assistance afforded by the hydraulic means thus described allows the force needed for mechanical closure to be reduced considerably. This application can be envisaged for an extraction system that uses cartridges with or without seals. In the case of sealless cartridges, sealing has then to be provided by a seal formed on the injection cage.” [0083].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Zweed as modified and Kollep before him or her, to modify single source pressure of sealing of Zweed to include the brewing pressure assisted sealing of Kollep, because the sealing pressure is in response to the brewing pressure and enables a lower force to apply sealing by user.
Regarding claim 28, Zweed as modified teaches System according to claim 19, Zweed as already modified teaches wherein the system is arranged such that, in use, prior to or at the start of brewing, a free end of the enclosing member of the beverage preparation device exerts a force F1 on the sealing member of the capsule (as shown in the deforming of seal shown between figures 2a and 2b) to provide a fluid sealing contact between the outwardly extending flange of the capsule and the enclosing member of the beverage preparation device (nature of pressuring capsule for beverage production, see abstract), wherein F1 is in the range of 30-150 N preferably 40-150 N, more preferably 50-100 N (range of pressure anticipated to maintain fluid pressure without leaking although not specifically disclosed, however it would be obvious to someone with ordinary skill in art the time invention was filed to provide force for sealing to be within the operable finite range of a minimum pressure needed to perform sealing and a maximum pressure withstand-able of seal, see MPEP 2144.05 B. II. Routine Optimization), when the fluid pressure P1 in the enclosing member of the beverage preparation device outside the capsule is in the range of 0.1-4 bar, preferably 0.1-1 bar (1-20 bar anticipated, lower pressures inherent/necessitated to the accumulation process of pressurizing “The upper wall will be perforated in a capsule holder of a device for preparing beverages, after which water, in practice generally a mixture of water and air, is pressed into capsule 101 at a pressure of between 1 and 20 bar.” [0036]).
Additionally Kollep teaches fluid pressure of the brewing processes being distributed to sealing force “An incompressible elastic thrusting means such as this may be a block of deformable but relatively incompressible material. Since the block is made of a deformable material such as a silicone elastomer and occupies substantially the entire volume of the pressure chamber, it experiences a deforming thrust in a substantially radial direction of the duct 70 (FIG. 11) from a rest position (FIG. 10). The initial thrust surface on which the fluid pressure is exerted is substantially equal in size to the internal annular surface of the elastomer block. The thrust from the fluid is therefore substantially radial. Since a block such as this is incompressible, its external surface is compressed against the internal surface and the end surface of the piston unit in such a way that an axial thrust i