DETAILED ACTION
This office action is responsive to the amendment filed on 07/17/26. As directed by the amendment: claims 1, 4, 5, 11, 12, and 14 have been amended; claim 15 has been cancelled; and no claims have been added. Thus, claims 1-14 are presently pending in this application.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Claims 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Bachmann et al. (US 2015/0327710) in view of Burrows (WO 2018/029538)
With regard to claim 1, Bachmann teaches a machine (1) for preparing a beverage from a flavouring ingredient (capsule: “When closed or partly-closed receptacles of flavouring ingredients, e.g. ingredient capsules, are used, unit 1 may include a receptacle opener 211 such as blades and/or a tearing tool that may be centrally arranged (e.g. on axis 1′)”, para. [0056]), the machine comprising: a beverage processing unit (10/20) formed of a first processing unit member (10) and a second processing unit member (20) wherein the first and second processing unit members delimit a chamber (11’) (“cavity 11′ is delimited by recessed wall(s) of first part 10 and covered by second part 20 that forms a lid on the recessed wall(s).”, para. [0065]) and that are movable between a distant configuration (distant configuration illustrated in FIG. 3A) in which the flavouring ingredient is received in the chamber (11’)(“ Unit 1 has a seat 11′ for receiving and housing an ingredient receptacle”, para. [0053]) and a proximate configuration (FIG. 3C) in which the flavouring ingredient is held and mixed with the water in the chamber during beverage preparation (“second receptacle engagement device 21 comprises or defines a fluid outlet 211 for circulating a fluid to a receptacle contained in cavity 11′”, para. [0093]); and a water guide (211’, FIGS. 4A-4C) extending into the beverage processing unit (10/20) arranged such that substantially all the water delivered into the chamber (11’) for preparing the beverage is guided by the water guide (211’), and a water source for delivering the water towards the beverage processing unit (“receptacle may be a partly or fully self-opening capsule, e.g. under the effect of centrifugation and/or pressure of liquid circulated into the receptacle.”, para. [0056]) in which the first processing unit delimits a water inlet and a beverage outlet of the chamber (“second receptacle engagement device 21 comprises or defines a fluid outlet 211 for circulating a fluid to a receptacle contained in cavity 11′ and/or comprises or defines a fluid outlet for guiding an extract from a receptacle contained in cavity 11′. Fluid outlet 211 may be connected to a fluid line 211′ that is joined to outlet 211 via a rotatable seal 211″..”, para. [0093]).
Furthermore, Bachmann teaches the beverage outlet (211) being formed by and/or associated with one or more corresponding piercing elements for piercing a flavouring ingredient-capsule when present (“When closed or partly-closed receptacles of flavouring ingredients, e.g. ingredient capsules, are used, unit 1 may include a receptacle opener 211 such as blades and/or a tearing tool that may be centrally arranged (e.g. on axis 1′) and/or peripherally arranged (e.g. about axis 1′).”, para. [0056]).
Although Bachmann teaches passing a hot or cold water or another liquid through a receptacle held in the unit, the citation does not explicitly teach the limitation of “the water source comprising: a connector to be connected to a water supply line external to such machine; and/or a water supply tank that has an outside opening for water filling with a water source external to the machine and the water source and the water guide are thermally passive so as to deliver the water into the chamber unconditioned by any active thermal conditioner of the machine, and the water guide extending from water source in which the machine is free from any active thermal conditioner”. However, Burrows which is within the same field of endeavor as the subject invention directed toward beverage brewing system utilized a brewing cartridge teaches the aforementioned limitation(s); more specifically, a water source (“other source”) for delivering the water towards the beverage processing unit (10), the water source comprising: a connector (connector inherently present as Burrows explicitly teaches that the water source is external to the beverage brewer 10) to be connected to a water supply line external to such machine (“features within the housing 12 of the beverage brewer 10 may generally include a fluid conduit system, a pump, and/or a heating element, in order to deliver a fluid from the reservoir 20 (or other source) to the brewer head 16 and/or to the receptacle external to the beverage brewer 10.”, Burrows: para. [0070]) (as the term “and/or” is presented hereafter, the Examiner is not providing patentable weight to the following limitation (i.e., “a water supply tank that has an outside opening for water filling with a water source external to the machine and the water source” in view of the “or” phrase which connotes one or both of the two stated possibilities); and/or a water supply tank that has an outside opening for water filling with a water source external to the machine and the water source and the water guide are thermally passive so as to deliver the water into the chamber unconditioned by any active thermal conditioner of the machine (FIG. 18 illustrates a beverage cartridge 32 receiving water and para. [00190] teaches that ambient water (e.g., “unconditioned” by any thermal conditioner”) flows from flow meter 505 via a bypass to selectively flow water without heating or cooling ) (“Flow meter 505 measures the flow rate of the fluids 504 passing through pump 404, and heater 506 heats (and/or optionally cools) the fluid 504 as desired. In another aspect of the present disclosure, heater 506 is provided with a bypass flow from flow meter 505 in order to allow ambient temperature fluid to pass without heating or cooling, although other methods of providing ambient temperature fluid (such as not heating the heater 506) are possible without departing from the scope of the present disclosure. Although not shown, valves may be placed between flow meter 505, heater 506, and/or pump 502, as well as along the bypass of heater 506, as desired to selectively control the flow of fluid 504 through system 10.”, para. [00190]).
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Bachmann reference, to include the water source comprising: a connector to be connected to a water supply line external to such machine; and/or a water supply tank that has an outside opening for water filling with a water source external to the machine and the water source and the water guide are thermally passive so as to deliver the water into the chamber unconditioned by any active thermal conditioner of the machine, and the water guide extending from water source, as suggested and taught by Burrows, for the purpose of providing a water having a predetermined temperature (i.e., “ambient temperature fluid without being heated or cooled”) within the beverage processing unit (Burrows: para. [00190].
With regard to claim 2, Bachmann teaches the water guide (211’, FIG. 4A-4C) is configured to drive the water along the water guide into the chamber by gravity and/or capillary and/or gas pressure (“c) a pump for pumping liquid to unit 1, in particular a low-pressure pump e.g. within the range of 1 to 5 bar, such as 1.5 to 3 bar;”, para. [0057]) and/or depression forces (“Fluid outlet 211 may be connected to a fluid line 211′ that is joined to outlet 211 via a rotatable seal 211″.”, para. [0093]).
With regard to claim 3, Bachmann teaches the water guide (211’, FIG. 4A) extends uprightly from the processing unit to the water source (water guide 211’ in FIG. 4A has an upright structure and is connected to a fluid line: (“Fluid outlet 211 may be connected to a fluid line 211′ that is joined to outlet 211 via a rotatable seal 211″.”, para. [0093])).
With regard to claim 4, Bachmann teaches the beverage processing unit (10/20) is configured to depressurize a flavouring ingredient- containing capsule (capsule: “When closed or partly-closed receptacles of flavouring ingredients, e.g. ingredient capsules, are used, unit 1 may include a receptacle opener 211 such as blades and/or a tearing tool that may be centrally arranged (e.g. on axis 1′)”, para. [0056]) at least adjacent to the inlet at an extremity of the water guide (end portion of 211’ as illustrated in FIG. 4A comprises a piercing portion: “When closed or partly-closed receptacles of flavouring ingredients, e.g. ingredient capsules, are used, unit 1 may include a receptacle opener 211 such as blades and/or a tearing tool that may be centrally arranged (e.g. on axis 1′) and/or peripherally arranged (e.g. about axis 1′).”, para. [0056]) to draw the water from the water source via the water guide (211’) into the capsule during beverage preparation (“outlet 211 for circulating a fluid to a receptacle contained in cavity 11′ and/or comprises or defines a fluid outlet for guiding an extract from a receptacle contained in cavity 11′. Fluid outlet 211 may be connected to a fluid line 211′ that is joined to outlet 211 via a rotatable seal 211″.”, para. [0093]).
With regard to claim 5, Bachmann teaches the processing unit (10/20) is configured to cause the depressurization of the flavouring ingredient-container capsule by: modifying a volume of the capsule, when present, and/or chamber (end portion of 211’ as illustrated in FIG. 4A comprises a piercing portion whose insertion modifies a volume of the capsule: “When closed or partly-closed receptacles of flavouring ingredients, e.g. ingredient capsules, are used, unit 1 may include a receptacle opener 211 such as blades and/or a tearing tool that may be centrally arranged (e.g. on axis 1′) and/or peripherally arranged (e.g. about axis 1′).”, para. [0056]); and centrifugally driving the capsule (“engagement devices 11,21 are arranged to rotate, e.g. centrifuged, in particular at elevated speed, e.g. above 1000 or 2000 RPM, to enhance processing of the ingredient in the receptacle, in particular mixing thereof with a liquid circulated into the receptacle. In the latter configuration, engagement devices 11,21 move together into the closed position in a manner to be angularly fixed one to another about axis 1′ of relative rotation.”, para. [0095]), when present, and/or chamber.
With regard to claim 6, Bachmann teaches the water source is configured to deliver the water under pressure into the water guide (211’)(“receptacle may be a partly or fully self-opening capsule, e.g. under the effect of centrifugation and/or pressure of liquid circulated into the receptacle.”, para. [0056]).
With regard to claim 7, Bachmann teaches a support structure which has a base (40, FIG. 4A) that is stationary during beverage preparation; however, Bachmann does not teach the water guide comprises a valve arrangement for controlling a flow of the water along the water guide. However, Burrows teaches the aforementioned limitation, namely: the water guide comprises a valve arrangement (1012, FIG. 40) for controlling a flow of the water along the water guide (44)(fluid flow 1010 delivered to three-way valve 1012 allows water in flow 1008 to inlet nozzle 44 or to a water only line 1014, para. [00116]).
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Bachmann reference, to include the water guide comprises a valve arrangement for controlling a flow of the water along the water guide, as suggested and taught by Burrows, for the purpose of providing a flow of water as desired to the water guide (Burrows: para. [00116]).
With regard to claim 8, Bachmann teaches one of the processing unit members (10/20) is provided with a cavity delimiting the chamber (11’) (“cavity 11′ is delimited by recessed wall(s) of first part 10 and covered by second part 20 that forms a lid on the recessed wall(s).”, para. [0065]), the first and second processing unit members (10/20) in the distant configuration being configured for direct manual insertion into the cavity of the flavouring ingredient (see FIG. 4A in which within a retracted position a capsule/flavouring ingredient may be inserted).
With regard to claim 9, with regard to the limitation of the water source is configured to contain an amount of the water needed for a serving of the beverage, it is submitted that as Bachmann teaches that the fluid system includes the unit in addition to a pump, a means for regulating the amount of flow of a liquid via a flowmeter in addition to communicating the pressure of the liquid to a control unit (para. [0057]), it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to adapt the control unit to control the aforementioned components to achieve the claimed correspondence as a matter of routine experimentation and/or since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
With regard to claim 10, although Bachmann teaches delivering a beverage, the citation does not teach the machine of claim 1, wherein the beverage is provided at a temperature below 30°C. However, Burrows teaches this limitation, namely delivering ambient temperature fluid (“Flow meter 505 measures the flow rate of the fluids 504 passing through pump 404, and heater 506 heats (and/or optionally cools) the fluid 504 as desired. In another aspect of the present disclosure, heater 506 is provided with a bypass flow from flow meter 505 in order to allow ambient temperature fluid to pass without heating or cooling, although other methods of providing ambient temperature fluid (such as not heating the heater 506) are possible without departing from the scope of the present disclosure. Although not shown, valves may be placed between flow meter 505, heater 506, and/or pump 502, as well as along the bypass of heater 506, as desired to selectively control the flow of fluid 504 through system 10.”, para. [00190]).
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Bachmann reference, such that the machine of claim 1, which is configured to deliver the beverage at a temperature below 30°C such as below 25°C, as suggested and taught by Burrows, for the purpose of providing an predetermined temporal product (Burrows: para. [00115]).
With regard to claim 11, although Bachmann teaches delivering water from a water source, the citation does not explicitly teach the machine of claim 1, which is configured to deliver the water from the water source into the chamber at an average rate for a beverage serving in the range of 10 to 300 ml/min. However, Burrows teaches “The flow rate of fluid 1252 can be controlled by the size of orifice 1214, and the size of orifice 1214 may be controlled by processor 512 if desired” (para. [00304]), and as such, it is submitted that it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Bachmann reference, such that the machine of claim 1, which is configured to deliver the water from the water source into the chamber at an average rate for a beverage serving in the range of 10 to 300 ml/min, as a matter of routine experimentation and/or since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980) for the purpose of achieving a desired brewed extraction process based upon the flavouring ingredient utilized within the subject device as Burrows teaches modifying a flow rate to achieve a desired flow rate as detailed herein (para. [00304]).
With regard to claim 12, Bachmann teaches the beverage processing unit is arranged in order to rotate the chamber at a speed in the range of 500 to 10000 RPM to prepare the beverage (it is submitted that as the citation teaches speeds above 1000 or 2000 RPM a lower RPM speed (500 to about 1000) would be within the capability of the device as such a modification would involve providing a reduced power level to the engagement device and similarly higher power levels to achieve rotational values over 2000 RPM: “engagement devices 11,21 are arranged to rotate, e.g. centrifuged, in particular at elevated speed, e.g. above 1000 or 2000 RPM, to enhance processing of the ingredient in the receptacle, in particular mixing thereof with a liquid circulated into the receptacle.”, para. [0095].
With regard to claim 13, Bachmann teaches A combination of the machine as defined in claim 1 (see above correlations with the cited prior art) and the flavouring ingredient (flavouring ingredient capsule: “When closed or partly-closed receptacles of flavouring ingredients, e.g. ingredient capsules, are used, unit 1 may include a receptacle opener 211 such as blades and/or a tearing tool that may be centrally arranged (e.g. on axis 1′) and/or peripherally arranged (e.g. about axis 1′). Alternatively, receptacle may be a partly or fully self-opening capsule, e.g. under the effect of centrifugation and/or pressure of liquid circulated into the receptacle. The receptacle may be of the open-type, in which case no opener is needed.”, para. [0056]) for preparing a beverage from the flavouring ingredient in the machine (1).
With regard to claim 14, Bachmann teaches a method of preparing a beverage (capsule: “When closed or partly-closed receptacles of flavouring ingredients, e.g. ingredient capsules, are used, unit 1 may include a receptacle opener 211 such as blades and/or a tearing tool that may be centrally arranged (e.g. on axis 1′)”, para. [0056]), providing a machine comprising: a beverage processing unit (10/20) of a first processing unit member (10) and a second processing unit member (20) that delimit a chamber (11’) (“cavity 11′ is delimited by recessed wall(s) of first part 10 and covered by second part 20 that forms a lid on the recessed wall(s).”, para. [0065]) and that are movable between a distant configuration (distant configuration illustrated in FIG. 3A) in which a flavouring ingredient is received in the chamber (11’)(“ Unit 1 has a seat 11′ for receiving and housing an ingredient receptacle”, para. [0053]) and a proximate configuration (FIG. 3C) in which the flavouring ingredient is held and mixed with the water in the chamber during beverage preparation (“second receptacle engagement device 21 comprises or defines a fluid outlet 211 for circulating a fluid to a receptacle contained in cavity 11′”, para. [0093]); and a water guide (211’, FIGS. 4A-4C) extending into the beverage processing unit (10/20) arranged such that substantially all the water delivered into the chamber (11’) for preparing the beverage is guided by the water guide (211’), and a water source for delivering the water towards the beverage processing unit , mixing the wate with the flavouring ingredient in the machine for preparing the beverage from the flavouring ingredient (“receptacle may be a partly or fully self-opening capsule, e.g. under the effect of centrifugation and/or pressure of liquid circulated into the receptacle.”, para. [0056]).
Furthermore, Bachmann teaches the first processing unit member delimits a water inlet and a beverage outlet of the chamber, the beverage outlet (211) being formed by and/or associated with one or more corresponding piercing elements for piercing a flavouring ingredient-containing capsule when present (“When closed or partly-closed receptacles of flavouring ingredients, e.g. ingredient capsules, are used, unit 1 may include a receptacle opener 211 such as blades and/or a tearing tool that may be centrally arranged (e.g. on axis 1′) and/or peripherally arranged (e.g. about axis 1′).”, para. [0056]).
Although Bachmann teaches passing a hot or cold water or another liquid through a receptacle held in the unit, the citation does not explicitly teach the limitation of “the water source comprising: a connector to be connected to a water supply line external to such machine; and/or a water supply tank that has an outside opening for water filling with a water source external to the machine and the water source and the water guide are thermally passive so as to deliver the water into the chamber unconditioned by any active thermal conditioner of the machine, and the water guide extending from water source”. However, Burrows which is within the same field of endeavor as the subject invention directed toward beverage brewing system utilized a brewing cartridge teaches the aforementioned limitation(s); more specifically, a water source (“other source”) for delivering the water towards the beverage processing unit (10), the water source comprising: a connector (connector inherently present as Burrows explicitly teaches that the water source is external to the beverage brewer 10) to be connected to a water supply line external to such machine (“features within the housing 12 of the beverage brewer 10 may generally include a fluid conduit system, a pump, and/or a heating element, in order to deliver a fluid from the reservoir 20 (or other source) to the brewer head 16 and/or to the receptacle external to the beverage brewer 10.”, Burrows: para. [0070]) (as the term “and/or” is presented hereafter, the Examiner is not providing patentable weight to the following limitation (i.e., “a water supply tank that has an outside opening for water filling with a water source external to the machine and the water source” in view of the “or” phrase which connotes one or both of the two stated possibilities); and/or a water supply tank that has an outside opening for water filling with a water source external to the machine and the water source and the water guide are thermally passive so as to deliver the water into the chamber unconditioned by any active thermal conditioner of the machine (FIG. 18 illustrates a beverage cartridge 32 receiving water and para. [00190] teaches that ambient water (e.g., “unconditioned” by any thermal conditioner”) flows from flow meter 505 via a bypass to selectively flow water without heating or cooling ) (“Flow meter 505 measures the flow rate of the fluids 504 passing through pump 404, and heater 506 heats (and/or optionally cools) the fluid 504 as desired. In another aspect of the present disclosure, heater 506 is provided with a bypass flow from flow meter 505 in order to allow ambient temperature fluid to pass without heating or cooling, although other methods of providing ambient temperature fluid (such as not heating the heater 506) are possible without departing from the scope of the present disclosure. Although not shown, valves may be placed between flow meter 505, heater 506, and/or pump 502, as well as along the bypass of heater 506, as desired to selectively control the flow of fluid 504 through system 10.”, para. [00190]).
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Bachmann reference, to include the water source comprising: a connector to be connected to a water supply line external to such machine; and/or a water supply tank that has an outside opening for water filling with a water source external to the machine and the water source and the water guide are thermally passive so as to deliver the water into the chamber unconditioned by any active thermal conditioner of the machine, and the water guide extending from water source, as suggested and taught by Burrows, for the purpose of providing a water having a predetermined temperature (i.e., “ambient temperature fluid without being heated or cooled”) within the beverage processing unit (Burrows: para. [00190].
Response to Arguments
Applicant’s arguments with respect to the claims have been considered and are addressed hereafter. The prior art rejections have been adapted as appropriate in response to the newly presented claim amendments.
The Applicant contends at pg. 7: “in this regard, the beverage preparation device of Bachmann comprises the receptacle holding unit 1 and an in-line heater for heating a flow of liquid circulated through unit 1 or a batch heater for circulating heated liquid from the batch heater to unit 1. The beverage brewer 10 of Burrows includes a heater 506 for heating or cooling fluid prior to delivery to the beverage cartridge 32 … Bachmann and Burrows does not disclose wherein a machine being free from any active thermal conditioner, as required under amended claims 1 and 14….” However, as indicated in the most recent office action (and as reproduced herein), the secondary citation explicitly teaches: “In another aspect of the present disclosure, heater 506 is provided with a bypass flow from flow meter 505 in order to allow ambient temperature fluid to pass without heating or cooling, although other methods of providing ambient temperature fluid (such as not heating the heater 506) are possible without departing from the scope of the present disclosure. Although not shown, valves may be placed between flow meter 505, heater 506, and/or pump 502, as well as along the bypass of heater 506, as desired to selectively control the flow of fluid 504 through system 10.” (Burrows, para. [0190]).
It must be stressed that the limitation of “the machine is free from any active thermal conditioner” does not yield any unexpected results as it is respectfully submitted that it is well known in the art (as detailed above by Burrows) that water may be received within a chamber without being conditioned by an active thermal conditioner via a bypass conduit and/or utilizing a valve with a conduit (as detailed above by Burrows). It must be stressed that simply omitting an active thermal conditioner would have yielded nothing more than predictable results to one of ordinary skill in the art. Furthermore, the Supreme Court in KSR v. Teleflex stated that ““A person of ordinary skill in the art is also a person of ordinary creativity, not an automaton.”KSR, 550 U.S. at ___, 82 USPQ2d at 1397. “[I]n many cases a person of ordinary skill will be able to fit the teachings of multiple patents together like pieces of a puzzle.”Id. Office personnel may also take into account “the inferences and creative steps that a person of ordinary skill in the art would employ.”Id. at ___, 82 USPQ2d at 1396….”, MPEP 2141 – Examination Guidelines for Determining Obviousness Under 35 U.S.C. 103. Accordingly, to avoid introducing additional complexity to a subject device, one of ordinary skill in the art would have utilized a valve with a conduit and/or a bypass conduit (without the inclusion of a heater and/or cooler) if the subject device did not require thermally conditioned water/fluid therein.
In addition to the foregoing, it should be stressed (as indicated in MPEP 2141) that the Supreme Court in KSR v. Teleflex particularly emphasized: "’the need for caution in granting a patent based on the combination of elements found in the prior art,’Id. at ___, 82 USPQ2d at 1395, and discussed circumstances in which a patent might be determined to be obvious. Importantly, the Supreme Court reaffirmed principles based on its precedent that ‘[t]he combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results.’Id. at ___, 82 USPQ2d at 1395. The Supreme Court stated that there are ‘[t]hree cases decided after Graham [that] illustrate this doctrine.’ Id. at ___, 82 USPQ2d at 1395. (1) ‘In United States v. Adams, . . . [t]he Court recognized that when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable result.’ Id. at ___, 82 USPQ2d at 1395. (2) ‘In Anderson’s-Black Rock, Inc. v. Pavement Salvage Co., . . . [t]he two [pre-existing elements] in combination did no more than they would in separate, sequential operation.’Id. at ___, 82 USPQ2d at 1395. (3) ‘[I]n Sakraida v. AG Pro, Inc., the Court derived . . . the conclusion that when a patent simply arranges old elements with each performing the same function it had been known to perform and yields no more than one would expect from such an arrangement, the combination is obvious.’ Id. at ___, 82 USPQ2d at 1395-96 (Internal quotations omitted.). The principles underlining these cases are instructive when the question is whether a patent application claiming the combination of elements of prior art would have been obvious. The Supreme Court further stated that: When a work is available in one field of endeavor, design incentives and other market forces can prompt variations of it, either in the same field or a different one. If a person of ordinary skill can implement a predictable variation, § 103 likely bars its patentability. For the same reason, if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill. Id. at ___, 82 USPQ2d at 1396…..”
The following arguments were presented previously in response to the office action of 09/17/25 and are reproduced hereafter as they may be/are considered to be relevant to the instant office action. The subject prior art rejections have been adapted in view of the newly presented claim amendments. With regard to the newly added limitation of “the first processing unit member delimits a water inlet and a beverage outlet of the chamber”, it is submitted that the claim as presented does not provide a structural differentiation between the claimed water inlet and beverage outlet providing specific structural limitations that indicate that these limitations cannot structurally be the same element in which a singular element would provide the functions of a water inlet and a beverage outlet. If the Applicant intends for a claim interpretation which indicates these elements are structurally disparate, appropriate structural limitations are required. It must be stressed that “during patent examination, the pending claims must be ‘given their broadest reasonable interpretation consistent with the specification.’ The Federal Circuit’s en banc decision in Phillips v. AWH Corp., 415 F.3d 1303, 75 USPQ2d 1321 (Fed. Cir. 2005) expressly recognized that the USPTO employs the ‘broadest reasonable interpretation’ standard: The Patent and Trademark Office (“PTO”) determines the scope of claims in patent applications not solely on the basis of the claim language, but upon giving claims their broadest reasonable construction ‘in light of the specification as it would be interpreted by one of ordinary skill in the art.’ In re Am. Acad. of Sci. Tech. Ctr., 367 F.3d 1359, 1364[, 70 USPQ2d 1827] (Fed. Cir. 2004). Indeed, the rules of the PTO require that application claims must ‘conform to the invention as set forth in the remainder of the specification and the terms and phrases used in the claims must find clear support or antecedent basis in the description so that the meaning of the terms in the claims may be ascertainable by reference to the description.’ 37 CFR 1.75(d)(1).415 F.3d at 1316, 75 USPQ2d at 1329. See also In re Hyatt, 211 F.3d 1367, 1372, 54 USPQ2d 1664, 1667 (Fed. Cir. 2000).” The same section further states: “during examination, the claims must be interpreted as broadly as their terms reasonably allow. In re American Academy of Science Tech Center, 367 F.3d 1359, 1369, 70 USPQ2d 1827, 1834 (Fed. Cir. 2004) (The USPTO uses a different standard for construing claims than that used by district courts; during examination the USPTO must give claims their broadest reasonable interpretation in light of the specification.). This means that the words of the claim must be given their plain meaning unless the plain meaning is inconsistent with the specification. In re Zletz, 893 F.2d 319, 321, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989) (discussed below);Chef America, Inc. v. Lamb-Weston, Inc., 358 F.3d 1371, 1372, 69 USPQ2d 1857 (Fed. Cir. 2004) (Ordinary, simple English words whose meaning is clear and unquestionable, absent any indication that their use in a particular context changes their meaning, are construed to mean exactly what they say…..”, MPEP 2111 Claim Interpretation; Broadest Reasonable Interpretation.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH W ISKRA whose telephone number is (313) 446-4866. The examiner can normally be reached on M-F: 09:00-17:00 PM EST.
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/JOSEPH W ISKRA/Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761
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