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 .
Continued Examination Under 37 CFR 1.114
Receipt is acknowledged of a request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e) and a submission, filed on January 22, 2026.
Claim Rejections - 35 USC § 112
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 10 and 17 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.
Claim 10 recites “a sieve having a three dimensional sieve profile, and the sieve being in the form of a depth filter or a depth sieve configured to collect the scale particles in a body of the filter or the sieve, over a depth of the filter or the sieve”. Claim 10 is deemed indefinite. claim 10 is dependent upon claim 1, which recites “a sieve”. It is unclear if “a sieve” as recited in claim 10 is the same as or separate and distinct from “a sieve, as recited in claim 1. Claim 10 is open to either interpretation.
Claim 17 is also rejected by virtue of the claim dependency.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 2, 4-10, 12-14, 16 & 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20180118596 A1 (hereinafter US 596)
OR
US 596 as applied to claim 1 above, and further in view of K’a’racher Water fine filter, 100 μm, R 1" https://www.kaercher.com/int/accessory/water-fine-filter-100-mm-r-1-26382700.html (September 29, 2016) (hereinafter K’a’racher).
Regarding claim 1, US 596 discloses a coffee maker (see US 596 coffee machine/brew unit - claim 1, figures 1, 4 and paragraphs [0005], [0017], [0018], [0047], [0060]).
US 596 discloses that the coffee maker comprises a water supply opening (see US 596 water supply line - figure 1 water (1) supplied via line), a scale inhibitor dosing element (see US 596 a scale inhibitor dosing unit - claim 1, figures 3a-3b and paragraphs [0009], [0015], [0031]-[0034], [0063]), a heating unit (see US 596 – heating element, separate heating unit, “the heating unit (and thus in some embodiment the descaling reactor) may be configured as steam chamber”, and/or the descaling reactor configured as boiler - figures 1, 4 and paragraphs [0037], [0054], [0060]), a scale collector element (see US 596 scale inhibitor adsorbent, with or without a membrane, of the outlet unit – abstract, figures 1-4 and paragraphs [0015], [0024]-[0030], [0039]), and a water processing unit (see US 596 brewing unit/coffee maker – paragraphs [0005], [0017], [0047], [0060] and figures 1, 4).
US 596 discloses a flow control device is configured for providing a fluid comprising water to flow from the water supply opening via the heating unit to the water processing unit (see US 596 flow control elements, such as “piping, valves, venturies, and other components or parts as present in the water flow path” (see US 596 paragraphs [0007]) – figures 1, 4 and paragraphs [0007], [0020], [0053]).
Additionally, regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.). Herein, the structure of US 596 is substantially identical to the claimed flow control device of the present application, and therefore, the structure of US 596 is presumed inherently capable of providing a fluid comprising water to flow from the water supply opening via the heating unit to the water processing unit.
US 596 discloses various domestic applications including a kettle, a coffee maker, an espresso maker, a tea maker, a hot chocolate maker (see US 596 paragraph [0017] and claim 13). US 596 discloses “heating unit (and thus in some embodiment the descaling reactor) may be configured as steam chamber, and thus be configured to provide steam” (see US 596 paragraph [0037]). Hence, US 596 is deemed to discloses a coffee maker with a steam function.
Therefore, even if US 596 does not disclose the water processing unit comprises a brewing unit and a steam pipe, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to incorporate a pipe and/or tubing, as disclosed in US 596, with the steam chamber, as disclosed in US 596, because it would assist with the movement of steam from the chamber to a new and/or final destination/end user.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to incorporate a pipe and/or tubing, as disclosed in US 596, with the steam chamber, as disclosed in US 596, and reasonably expect the resulting apparatus to work as the prior art intended, i.e. assist with the movement of steam.
Hence, US 596 is deemed to disclose a coffee maker with a steam function, wherein the coffee maker comprises a water supply opening, a scale inhibitor dosing element, a heating unit, a scale collector element, and a water processing unit, wherein a flow control device is configured for providing a fluid comprising water to flow from the water supply opening via the heating unit to the water processing unit, wherein the water processing unit comprises a brewing unit and a steam pipe.
US 596 discloses the scale inhibitor dosing element is configured for providing a scale inhibitor to the fluid at a location in the heating unit (see US 596 figures 1) and/or upstream of the heating unit (see US 596 figure 4).
It is noted that the claimed “location” feature is a functional feature of the claimed scale inhibitor dosing element.
Additionally, regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.). Herein, the structure of US 596 is substantially identical to the scale inhibitor dosing element of the present application, and therefore, the structure of US 596 is presumed inherently capable of providing a scale inhibitor to the fluid at a location in the heating unit and/or upstream of the heating unit.
It is noted that in the figures of US 596, the location of the scale inhibitor/ scale inhibitor dosing element and the heating unit are both structurally connected to the descaling unit and are presented as connected within the same system. Hence, US 596 is deemed to disclose the scale inhibitor dosing element is configured for providing a scale inhibitor to the fluid at a location in the heating unit.
Also, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the location the scale inhibitor dosing element in relation to the heating unit, as disclosed in US 596, to be at a location in the heating unit and/or upstream of the heating unit, because the it would assist with reducing the amount of scale present on the heating element (see US 596 paragraphs [0002], [0004]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the location the scale inhibitor dosing element in relation to the heating unit, as disclosed in US 596, to be at a location in the heating unit and/or upstream of the heating unit, because rearranging the location of the scale inhibitor dosing element to be at a location in the heating unit and/or upstream of the heating unit reasonably expect the resulting apparatus to work as the prior art intended, i.e. reduce the formation of scale (see US 596 paragraphs [0002], [0004]).
Location of the scale inhibitor dosing element to be at a location in the heating unit and/or upstream of the heating unit is considered nothing more than an obvious rearrangement of parts (see M.P.E.P. 2144.04 VI. C.).
US 596 discloses the coffee maker is configured for alternately generating hot water and steam (see US 596 figures 1, 4 and paragraphs [0005], [0017], [0018], [0047], [0037], [0054], [0060]).
Additionally, regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.). Herein, the structure of US 596 is substantially identical to the claimed coffee maker of the present application, and therefore, the structure of US 596 is presumed inherently capable of alternately generating hot water and steam.
US 596 discloses the heating unit is configured for heating the water in a heating mode and for converting the water into steam in a steam formation mode (see US 596 paragraphs [0023], [0037], [0060]).
Additionally, regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.). Herein, the structure of US 596 is substantially identical to the claimed heating unit of the present application, and therefore, the structure of US 596 is presumed inherently capable of heating the water in a heating mode and for converting the water into steam in a steam formation mode.
US 596 discloses the scale collector element is arranged downstream of the heating unit and upstream of a scale sensitive flow restriction (see US 596 figures 1, 2c-4 and paragraphs [0015], [0024]-[0030]).
The scale collector element of US 596 is a scale inhibitor adsorbent, with or without a membrane, of the outlet unit – abstract, figures 1-4 and paragraphs [0015], [0024]-[0030], [0039]), which is deemed the scale collector element comprises a sieve with a mesh size. The membrane component of the scale collector element of US 596 will necessarily comprise a mesh size as it allows the water to flow through (US 596 discloses “the descaling unit comprises a membrane comprising said scale inhibitor adsorbent, wherein the membrane is configured such that water from the descaling reactor can only reach the descaling unit outlet via (i.e. especially through) the membrane. … a flow-through membrane, substantially impermeable to the scale inhibitor (see US 596 paragraph 0026).).
US 596 discloses that “in addition to a membrane, also a particles or granules may be applied as scale inhibitor adsorbent. Such particles will in general be in the range of 0.1 μm-20 mm, such as 1 μm-10 mm … . the membrane is especially configured such that water from the descaling reactor can only reach the descaling unit outlet via (i.e. especially through) the membrane” (see US 596 paragraph 0028). US 596 is deemed to disclose a sieve with a mesh size (d) selected from a range of 0.1 – 1mm since the membrane of US 596 has a mesh size to contain particles/granules ranging from 0.1 μm-20 mm, which overlaps the claimed range of 0.1 – 1mm.
In the alternative, even if US 596 does not disclose a “a sieve with a mesh size (d) selected from a range of 0.1-1 mm”, then this feature is nonetheless rendered obvious by US 596.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the membrane of US 596 to optimize the mesh size because if the mesh is too large then the particles/granules of scale inhibitor adsorbent would not be contained and if the mesh is too small then the flow of water would not be sufficient to efficiently use the coffee maker.
US 596 discloses the combination of the membrane and the particle/granules scale inhibitor adsorbent that will necessarily result in mechanically trapping solid scale particles released from the heating unit due to thermal stress caused by switching between the heating mode and the steam formation mode. The combination of the membrane and the particle/granules scale inhibitor adsorbent of US 596 appears to be substantially identical to the claimed element and thus inherently would possess the claimed functional properties—unless these properties arise from features not yet claimed. “There is no requirement that a person of ordinary skill in the art would have recognized the inherent disclosure at the time of invention, but only that the subject matter is in fact inherent in the prior art reference.” See MPEP 2112, II.
Additionally, regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.). Herein, the structure of US 596 is substantially identical to the claimed scale collector element of the present application, and therefore, the structure of US 596 is presumed inherently capable of mechanically trapping solid scale particles released from the heating unit due to thermal stress caused by switching between the heating mode and the steam formation mode.
US 596 is deemed to disclose scale sensitive flow restriction (see US 596 figure 1, 3a-4 – sharp bends; see also US 596 paragraphs [0007], [0022], figure 4 – the presence flow control device(s), i.e. pumps, valves and/or venturi devices, being used within the system to control the fluid/water within the system).
Alternatively, even if US 596 does not disclose a scale sensitive flow restriction being downstream of the scale collector element (“the scale collector element … upstream of a scale sensitive flow restriction”), it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the system of US 596 to form a flow control device, such as pumps, valves and/or venturi devices, as disclosed in US 596, downstream of the scale collector element/prior to outlet of the apparatus because it would assist with controlling the flow of treated water/heated water through the outlet/brewing unit (see US 596 figure 4 and paragraphs 0053).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the system of US 596 to form a flow control device, such as pumps, valves and/or venturi devices, as disclosed in US 596, downstream of the scale collector element/prior to outlet of the apparatus and reasonably expect the resulting apparatus to work as the prior art intended, i.e. control the flow of fluid. Further, rearranging the location of a control flow control device, such as pumps, valves and/or venturi devices, as disclosed in US 596, is considered nothing more than an obvious rearrangement of parts (see M.P.E.P. 2144.04 VI. C.).
In the alternative, if US 596 does not disclose a “the scale collector element comprises a sieve with a mesh size (d), wherein the mesh size (d) is selected from a range of 0.1- 1 mm”, then this feature is nonetheless rendered obvious by US 596 in view of K’a’racher.
K’a’racher discloses a “[F]ine-mesh water filter 100 μm” (100 μm = 0.1 mm) (see K’a’racher title).
K’a’racher is considered to be analogous to the claimed invention because it is in the same field of endeavor, i.e. water treatment equipment/device.
K’a’racher establishes that a fine-mesh filter, such as the fine-mesh envelope, would have a sieve size of 0.1 mm.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify and/or substitute the fine-mesh envelope, as disclosed in US 596, with the fine mesh filter, as disclosed in K’a’racher, because the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.). This substitution would yield the predictable result of filtering water.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify and/or substitute the fine-mesh envelope, as disclosed in US 596, with the fine mesh filter, as disclosed in K’a’racher, because it would assist with filtering water.
Regarding claim 2, US 596, or in the alternative, US 596 in view of K’a’racher, discloses the invention as discussed above in claim 1. Further, US 596, or in the alternative, US 596 in view of K’a’racher, discloses the scale collector element is configured for trapping scale particles having a particle size equal to or larger than 1 mm (see US 596 paragraph [0028]).
Additionally, regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.). Herein, the structure of US 596, or in the alternative, US 596 in view of K’a’racher, is substantially identical to the claimed scale collector element of the present application, and therefore, the structure of US 596, or in the alternative, US 596 in view of K’a’racher, is presumed inherently capable of trapping scale particles having a particle size equal to or larger than 1 mm.
Regarding claim 4, US 596, or in the alternative, US 596 in view of K’a’racher, discloses the invention as discussed above in claim 1. Further, US 596, or in the alternative, US 596 in view of K’a’racher, discloses the flow restriction comprises at least one of a valve, an orifice, a joint or a junction (see rejection of claim 1; see also see US 596 paragraphs [0007], [0020], [0053] & figures 1, 4).
Regarding claim 5, US 596, or in the alternative, US 596 in view of K’a’racher, discloses the invention as discussed above in claim 1. Further, US 596, or in the alternative, US 596 in view of K’a’racher, discloses the scale inhibitor comprises a food approved scale inhibitor comprising a poly-phosphate compound (see US 596 paragraphs [0004], [0063]).
As established above, the structure of US 596, or in the alternative, US 596 in view of K’a’racher, is substantially identical to the scale inhibitor dosing element of the present application, and therefore, the structure of US 596 is presumed inherently capable of providing a scale inhibitor that comprises a food approved scale inhibitor comprising a poly-phosphate compound.
Nevertheless, US 596, or in the alternative, US 596 in view of K’a’racher, discloses prior art that uses polyphosphates in a method of reducing limestone scale on surfaces and heating elements with regards to food service machines (see US 596 paragraph [0004]) and discloses “it is noted that a scale-growth inhibitor such as polyphosphate has the disadvantage that it relatively rapidly decomposes to inactive monophosphate at a higher temperature” (see US 596 paragraph [0063). Thus, US 596 discloses a poly-phosphate compound as a scale inhibitor but discourages its use under specific conditions.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use a poly-phosphate compound as a scale inhibitor, as disclosed in US 596, or in the alternative, US 596 in view of K’a’racher, under specific conditions, such as specific temperatures, i.e. not “at a high temperature”, because the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.). This substitution would yield the predictable result of removing scale.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use a poly-phosphate compound as a scale inhibitor, as disclosed in US 596, or in the alternative, US 596 in view of K’a’racher, under specific conditions, such as when the scale inhibitor dosing element is further away from the heating unit, and thus is not exposed to high temperatures, because the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.). This substitution would yield the predictable result of removing scale.
Regarding claim 6, US 596, or in the alternative, US 596 in view of K’a’racher, discloses the invention as discussed above in claim 1. Further, US 596, or in the alternative, US 596 in view of K’a’racher, discloses the scale inhibitor dosing element is configured to provide the water with the scale inhibitor in a range of 1-10 ppm (see US 596 paragraph [0014], [0016], [0019], [0035], [0036], [0041], [0059], [0062]).
Additionally, regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.). Herein, the structure of US 596, or in the alternative, US 596 in view of K’a’racher, is substantially identical to the claimed scale inhibitor dosing element of the present application, and therefore, the structure of US 596, or in the alternative, US 596 in view of K’a’racher, is presumed inherently capable of providing the water with the scale inhibitor in a range of 1-10 ppm.
Regarding claim 7, US 596, or in the alternative, US 596 in view of K’a’racher, discloses the invention as discussed above in claim 1. Further, US 596, or in the alternative, US 596 in view of K’a’racher, discloses an ion exchange element configured to remove calcium ions from the water (see US 596 paragraphs [0006], [0016]).
While US 596, or in the alternative, US 596 in view of K’a’racher, does not explicitly disclose a single embodiment of a coffee maker further comprising an ion exchange element configured to remove calcium ions from the water, as recited in claim 7, US 596, or in the alternative, US 596 in view of K’a’racher, nonetheless does disclose all of these features within the disclosure as being compatible aspects of a single invention. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the disclosure of US 596, or in the alternative, US 596 in view of K’a’racher, in order to achieve a coffee maker further comprising an ion exchange element configured to remove calcium ions from the water, as recited in claim 7, and reasonably expect the resulting device to filter water as intended by US 596, or in the alternative, US 596 in view of K’a’racher.
US 596, or in the alternative, US 596 in view of K’a’racher, discloses ion exchange resin produce magnesium rich water, which “is generally not suitable for making tea, soy milk or diluting powder baby milk” (see US 596 paragraph [0006]). Claim 1 of the present application is directed towards a coffee maker and not “making tea, soy milk or diluting powder baby milk”.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the disclosure of US 596, or in the alternative, US 596 in view of K’a’racher, in order to achieve a coffee maker further comprising an ion exchange element configured to remove calcium ions from the water, as recited in claim 7, because an ion exchange resin would assist in the removal of calcium from the fluid/water (see US 596 paragraph [0016]) and because the combination of ion exchange resin and scale inhibitor would assist with the treatment of the fluid/water.
The enhancement of the treatment process is obvious to one of ordinary skill in the art. Achieving a higher degree of treatment of water is an obvious enhancement to one of ordinary skill in the art and this objective is achieved by the combination of prior art. The "desire to enhance commercial opportunities by improving a product or process is universal and even common-sensical-we have held that there exists in these situations a motivation to combine prior art references even absent any hint of suggestion in the references themselves" (See MPEPE 2144, 11 ).
Additionally, regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.). Herein, the structure of US 596, or in the alternative, US 596 in view of K’a’racher, is substantially identical to the claimed ion exchange element of the present application, and therefore, the structure of US 596, or in the alternative, US 596 in view of K’a’racher, is presumed inherently capable of removing calcium ions from the water.
Regarding claim 8, US 596, or in the alternative, US 596 in view of K’a’racher, discloses the invention as discussed above in claim 7. Further, US 596, or in the alternative, US 596 in view of K’a’racher, does not disclose the ion exchange element is arranged upstream of the scale inhibitor dosing element.
Nevertheless, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to place the ion exchange element, as disclosed in US 596, or in the alternative, US 596 in view of K’a’racher, either upstream of the scale inhibitor dosing element because when the ion exchange element is upstream of the scale inhibitor dosing element, the ion exchange element will assist with reducing the quantity of calcium in the water (see US 596 paragraph [0016]) and/or will assist with reducing dosing of the scale inhibitor needed in the system to remove scale since an ion exchange resin would assist in the removal of calcium from the fluid/water.
Regarding claim 9, US 596, or in the alternative, US 596 in view of K’a’racher, discloses the invention as discussed above in claim 8. Further, US 596, or in the alternative, US 596 in view of K’a’racher, discloses one or more of the scale inhibitor dosing element and the scale collector element are removably arranged in the coffee maker (see US 596 paragraphs [0029] and [0031]-[0032])
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the device of US 596, or in the alternative, US 596 in view of K’a’racher, to make one or more of the scale inhibitor dosing element, ion exchange element and the scale collector element removable because it would be desirable to make any or all of the scale inhibitor dosing element, ion exchange element and the scale collector element removable so that each may be replaced, such as 1) removing the scale inhibitor dosing element to replace and/or fill up the scale inhibitor, 2) removing the ion exchange element to replace the ion exchange material and/or to fix any broken ion exchange element and/or 3) removing the scale collector element to replace the adsorbent when it is no longer efficiently removing particles/scales from the fluid/water.
Regarding claim 10, US 596, or in the alternative, US 596 in view of K’a’racher, discloses the invention as discussed above in claim 1. Further, US 596, or in the alternative, US 596 in view of K’a’racher, discloses the scale collector element comprises the scale collector element comprises a sieve having a three dimensional sieve profile, and the sieve being in the form of a depth filter or a depth sieve configured to collect the scale particles in a body of the filter or the sieve, over a depth of the filter or the sieve (see rejection of claim 1).
As noted above, claim 10 is deemed indefinite. Herein, claim 10 is understood as the “sieve” of claim 10 being the same “sieve” as recited in claim 1.
Additionally, regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.). Herein, the structure of US 596, or in the alternative, US 596 in view of K’a’racher, is substantially identical to the claimed scale collector element/sieve/filter comprising a filter of the present application, and therefore, the structure of US 596, or in the alternative, US 596 in view of K’a’racher, is presumed inherently capable of collecting the scale particles in a body of the filter.
Regarding claim 12, US 596, or in the alternative, US 596 in view of K’a’racher, discloses the invention as discussed above in claim 7. Further, US 596, or in the alternative, US 596 in view of K’a’racher, discloses the scale inhibitor dosing element comprises a total inhibitor volume (Vi) of the scale inhibitor (see US 596 paragraphs [0014]).
US 596, or in the alternative, US 596 in view of K’a’racher, does not disclose the ion exchange element comprises an ion exchange resin comprising a total resin volume (Vr), wherein a ratio of the total resin volume (Vr) to the total inhibitor volume (Vi) is selected from a range of 500:1 - 50:1.
However, the scale inhibitor dosing element and the ion exchange element of US 596, or in the alternative, US 596 in view of K’a’racher, will necessarily achieve the scale inhibitor dosing element comprises a total inhibitor volume (Vi) of the scale inhibitor, wherein the ion exchange element comprises an ion exchange resin comprising a total resin volume (Vr). The scale inhibitor dosing element and the ion exchange element of US 596, or in the alternative, US 596 in view of K’a’racher, appears to be substantially identical to the claimed material and thus inherently would possess the claimed functional properties—unless these properties arise from features not yet claimed.
US 596, or in the alternative, US 596 in view of K’a’racher, does not disclose a ratio of the total resin volume (Vr) to the total inhibitor volume (Vi) is selected from a range of 500:1 - 50:1.
Without showing unexpected results, the claimed ratio cannot be considered critical. Accordingly, one of ordinary skill in the art before the effective filing date of the invention would have optimized, by routine experimentation, the claimed range of the ratio of the total resin volume (Vr) to the total inhibitor volume (Vi). It has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art (In re Aller, 105 USPQ 223) (“[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).) The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.). Therefore, it would have been obvious to one of ordinary skill in the art to optimize the ratio and, in the course of routine experimentation, arrive at the claimed invention.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to optimize the ratio of the total resin volume (Vr) to the total inhibitor volume (Vi) in the device of US 596, or in the alternative, US 596 in view of K’a’racher, because it would assist in maximizing the efficient of both the scale inhibitor and the ion exchange resin.
Regarding claim 13, US 596, or in the alternative, US 596 in view of K’a’racher, discloses the invention as discussed above in claim 7. Further, US 596, or in the alternative, US 596 in view of K’a’racher, discloses a scale handling unit, wherein the scale handling unit comprises two or more of the scale inhibitor dosing element, the scale collector element, and wherein the scale handling unit is a disposable scale handling unit (see US 596 the domestic appliance, functional unit, the descaling unit – abstract, claims 1, 2, 10, figures 1-3b, and paragraphs [0015], [0020], [0022]-[0024], [0040]-[0041], [0047]-[0052]; see rejection of claims 1 & 9).
It is noted that “unit” is an undefined, non-structural element. Thus, any combination of the device/system of US 596 is deemed to disclose a scale handling unit.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the system/device of US 596, or in the alternative, US 596 in view of K’a’racher, to two or more of the scale inhibitor dosing element, the scale collector element since it has been held that mere duplication of an element of an apparatus involves only routine skill in the art. MPEP 2144.04.VI.B. Like the apparatus at issue in In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960), the fact that a claimed apparatus has a plurality of the scale inhibitor dosing element and/or the scale collector element is not sufficient by itself to patentably distinguish the claimed invention over an otherwise old device unless there are new or unexpected results. There is no patentable significance of an additional scale inhibitor dosing element and/or the scale collector element, which predictable provides one of ordinary skill in the art with additional in assistance in the treatment of the fluid/water and/or with additional assistance in removing calcium from water, and does not produce any new and/or unexpected results.
Regarding claim 14, US 596, or in the alternative, US 596 in view of K’a’racher, discloses the invention as discussed above in claim 13. Further, US 596, or in the alternative, US 596 in view of K’a’racher, discloses the scale handling unit comprises the scale inhibitor dosing element configured for providing the scale inhibitor to water at the location upstream of and/or in the heating unit of the device coffee maker (see rejection of claim 1) during operation (see US 596 paragraphs [0015], [0020], [0047], [0067] and figures 1 & 4), and the scale collector element configured for collecting the scale particles from the fluid flowing through the scale collector element downstream of the heating unit (see rejection of claim 1), optionally wherein the scale handling unit further comprises the ion exchange element configured for removing the calcium ions from the water contacting the ion exchange element (see rejection of claim 7).
Additionally, regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.). Herein, the structure of US 596, or in the alternative, US 596 in view of K’a’racher, is substantially identical to the claimed scale collector element comprising a filter of the present application, and therefore, the structure of US 596, or in the alternative, US 596 in view of K’a’racher, is presumed inherently capable of providing the scale inhibitor to water at the location upstream of and/or in the heating unit of the coffee maker during operation and the structure of US 596, or in the alternative, US 596 in view of K’a’racher, is presumed inherently capable of collecting the scale particles from the fluid flowing through the scale collector element downstream of the heating unit
Additionally, regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.). Herein, the structure of US 596, or in the alternative, US 596 in view of K’a’racher, is substantially identical to the claimed ion exchange element comprising a filter of the present application, and therefore, the structure of US 596, or in the alternative, US 596 in view of K’a’racher, is presumed inherently capable of removing the calcium ions from the water contacting the ion exchange element.
Regarding claim 16, US 596, or in the alternative, US 596 in view of K’a’racher, discloses the invention as discussed above in claim 13. Further, US 596, or in the alternative, US 596 in view of K’a’racher, discloses in the steam formation mode, a layer of scale is deposited in the heating unit and/or downstream of the heating unit, wherein the layer of the scale that is deposited breaks up in the scale particles (see rejection of claim 1). The coffee maker, components and steps disclosed in US 596, or in the alternative, US 596 in view of K’a’racher, will necessarily result in “in the steam formation mode, a layer of scale is deposited in the heating unit and/or downstream of the heating unit, wherein the layer of the scale that is deposited breaks up in the scale particles”, as recited in claim 10. The coffee maker, components and steps disclosed in US 596, or in the alternative, US 596 in view of K’a’racher, appear to be substantially identical to the claimed device, components, material(s) and step(s) and thus inherently would possess the claimed functional properties—unless these properties arise from features not yet claimed. “There is no requirement that a person of ordinary skill in the art would have recognized the inherent disclosure at the time of invention, but only that the subject matter is in fact inherent in the prior art reference.” See MPEP 2112, II.).
Regarding claim 17, US 596, or in the alternative, US 596 in view of K’a’racher, discloses the invention as discussed above in claim 10. Further, US 596, or in the alternative, US 596 in view of K’a’racher, discloses the three dimensional sieve profile comprises through holes with a changing size along a longitudinal axis of the through holes, and the through holes are parallel to a depth direction of the sieve (see rejection of claims 1 and 10).
The adsorbent of US 596, or in the alternative, US 596 in view of K’a’racher, may be a packed filter bed, a fluidized bed system or may be one or more of granular ferric hydroxide (GFH) and waste filtration sand (WFS) (see US 596 claims 4 & 12 and paragraphs [0014], [0028], [0039], [0058], [0071]). Each of the adsorbent embodiments of US 596, or in the alternative, US 596 in view of K’a’racher, would possess pores, i.e. through holes, in which fluid/water can pass through and scale/particle(s) will be prevented from passing through. The pores/through holes of one or more of the different adsorbent embodiments of US 596 would have a changing size along a longitudinal axis from one “undefined” section to another “undefined” section of that adsorbent.
Claim(s) 7-9, 12-14, 18 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 596 as applied to claim 1 above, and further in view of US20100326898A1 (hereinafter US 898).
Regarding claim 7, US 596, or in the alternative, US 596 in view of K’a’racher, discloses the invention as discussed above in claim 1. Further, US 596, or in the alternative, US 596 in view of K’a’racher, does not disclose an ion exchange element configured to remove calcium ions from the water.
US 898 discloses a water filter for domestic appliances, such as automatic coffee machines, that comprises two water treatment forms, i.e. a softener and a residual hardness stabilizer (see US 898 figures 1-2, paragraphs [0006]-[0012] & [0028]). US 898 discloses that “a phosphate compound, in particular a polyphosphate compound, is used as residual hardness stabilizer” (see US 898 paragraph [0012]) and “the softener may for example take the form of ion exchange filter material, for example in the form of an ion exchange resin” (see US 898 paragraph [0009]; see also US 898 figure 1). US 898 discloses that the “interplay of the two water treatment media is particularly advantageous in the case of subsequent heating of the filtered water to high temperatures, e.g. >80° C., and/or in the case of elevated water hardnesses, e.g. of >10° German water hardness (dH)” (see US 898 paragraph [0008]; see also US 898 paragraphs [0010] and [0011]).
US 898 is considered to be analogous to the claimed invention because it is in the same field of endeavor, i.e. water treatment equipment/device, filtering component/scale control means within an domestic appliance/coffee maker.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the system of US 596, or in the alternative, US 596 in view of K’a’racher, by incorporating an ion exchange element, as disclosed in US 898, because the combination of two water treatment media, i.e. softener and residual hardness stabilizer/scale inhibitor, would assist with treatment and/or purification water.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to substituting the scale inhibitor dosing element of US 596, or in the alternative, US 596 in view of K’a’racher, with the water filter, as disclosed in US 898, because the combination of two water treatment media, i.e. softener and residual hardness stabilizer/scale inhibitor, would assist with treatment and/or purification water.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the system of US 596, or in the alternative, US 596 in view of K’a’racher, by incorporating an ion exchange element, as disclosed in US 898, and reasonably expect the resulting apparatus to work as the prior art intended, i.e. assist with treatment and/or purification water.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to substituting the scale inhibitor dosing element of US 596, or in the alternative, US 596 in view of K’a’racher, with the water filter, as disclosed in US 898, and reasonably expect the resulting apparatus to work as the prior art intended, i.e. assist with treatment and/or purification water.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to substituting the scale inhibitor dosing element of US 596, or in the alternative, US 596 in view of K’a’racher, with the water filter, as disclosed in US 898, because the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.). This substitution would yield the predictable result of treatment and/or purification water.
Additionally, regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.). Herein, the structure of US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, is substantially identical to the claimed ion exchange element of the present application, and therefore, the structure of US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, is presumed inherently capable of removing calcium ions from the water.
Regarding claim 8, US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, discloses the invention as discussed above in claim 7. Further, US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, discloses the ion exchange element is arranged upstream of the scale inhibitor dosing element, or upstream of a first location where the scale inhibitor dosing element provides the scale inhibitor to the water (see rejection of claim 7).
Regarding claim 9, US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, discloses the invention as discussed above in claim 8. Further, US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, discloses one or more of the scale inhibitor dosing element and the scale collector element are removably arranged in the coffee maker (see US 596 paragraphs [0029] and [0031]-[0032]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the device of US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, to make one or more of the scale inhibitor dosing element, ion exchange element and the scale collector element removable because it would be desirable to make any or all of the scale inhibitor dosing element, ion exchange element and the scale collector element removable so that each may be replaced, such as 1) removing the scale inhibitor dosing element to replace and/or fill up the scale inhibitor, 2) removing the ion exchange element to replace the ion exchange material and/or to fix any broken ion exchange element and/or 3) removing the scale collector element to replace the adsorbent when it is no longer efficiently removing particles/scales from the fluid/water.
Regarding claim 12, US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, discloses the invention as discussed above in claim 7. Further, US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, discloses the scale inhibitor dosing element comprises a total inhibitor volume (Vi) of the scale inhibitor (see US 596 paragraphs [0014]).
US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, does not disclose the ion exchange element comprises an ion exchange resin comprising a total resin volume (Vr), wherein a ratio of the total resin volume (Vr) to the total inhibitor volume (Vi) is selected from a range of 500:1 - 50:1.
However, the scale inhibitor dosing element and the ion exchange element of US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, will necessarily achieve the scale inhibitor dosing element comprises a total inhibitor volume (Vi) of the scale inhibitor, wherein the ion exchange element comprises an ion exchange resin comprising a total resin volume (Vr). The scale inhibitor dosing element and the ion exchange element of US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, appears to be substantially identical to the claimed material and thus inherently would possess the claimed functional properties—unless these properties arise from features not yet claimed.
US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, does not disclose a ratio of the total resin volume (Vr) to the total inhibitor volume (Vi) is selected from a range of 500:1 - 50:1.
Without showing unexpected results, the claimed ratio cannot be considered critical. Accordingly, one of ordinary skill in the art before the effective filing date of the invention would have optimized, by routine experimentation, the claimed range of the ratio of the total resin volume (Vr) to the total inhibitor volume (Vi). It has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art (In re Aller, 105 USPQ 223) (“[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).) The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.). Therefore, it would have been obvious to one of ordinary skill in the art to optimize the ratio and, in the course of routine experimentation, arrive at the claimed invention.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to optimize the ratio of the total resin volume (Vr) to the total inhibitor volume (Vi) in the device of US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, because it would assist in maximizing the efficient of both the scale inhibitor and the ion exchange resin.
Regarding claim 13, US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, discloses the invention as discussed above in claim 7. Further, US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, discloses a scale handling unit, wherein the scale handling unit comprises two or more of the scale inhibitor dosing element, the scale collector element, and wherein the scale handling unit is a disposable scale handling unit (see US 596 the domestic appliance, functional unit, the descaling unit – abstract, claims 1, 2, 10, figures 1-3b, and paragraphs [0015], [0020], [0022]-[0024], [0040]-[0041], [0047]-[0052]; see rejection of claims 1 & 9).
It is noted that “unit” is an undefined, non-structural element. Thus, any combination of the device/system of US 596 is deemed to disclose a scale handling unit.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the system/device of US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, to two or more of the scale inhibitor dosing element, the scale collector element since it has been held that mere duplication of an element of an apparatus involves only routine skill in the art. MPEP 2144.04.VI.B. Like the apparatus at issue in In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960), the fact that a claimed apparatus has a plurality of the scale inhibitor dosing element and/or the scale collector element is not sufficient by itself to patentably distinguish the claimed invention over an otherwise old device unless there are new or unexpected results. There is no patentable significance of an additional scale inhibitor dosing element and/or the scale collector element, which predictable provides one of ordinary skill in the art with additional in assistance in the treatment of the fluid/water and/or with additional assistance in removing calcium from water, and does not produce any new and/or unexpected results.
Regarding claim 14, US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, discloses the invention as discussed above in claim 13. Further, US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, discloses the scale handling unit comprises the scale inhibitor dosing element configured for providing the scale inhibitor to water at the location upstream of and/or in the heating unit of the device coffee maker (see rejection of claim 1) during operation (see US 596 paragraphs [0015], [0020], [0047], [0067] and figures 1 & 4), and the scale collector element configured for collecting the scale particles from the fluid flowing through the scale collector element downstream of the heating unit (see rejection of claim 1), optionally wherein the scale handling unit further comprises the ion exchange element configured for removing the calcium ions from the water contacting the ion exchange element (see rejection of claim 7).
Additionally, regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.). Herein, the structure of US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, is substantially identical to the claimed scale collector element comprising a filter of the present application, and therefore, the structure of US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, is presumed inherently capable of providing the scale inhibitor to water at the location upstream of and/or in the heating unit of the coffee maker during operation and the structure of US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, is presumed inherently capable of collecting the scale particles from the fluid flowing through the scale collector element downstream of the heating unit.
Additionally, regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.). Herein, the structure of US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, is substantially identical to the claimed ion exchange element comprising a filter of the present application, and therefore, the structure of US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, is presumed inherently capable of removing the calcium ions from the water contacting the ion exchange element.
Regarding claim 18, US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, discloses the invention as discussed above in claim 7. Further, US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, discloses the ion exchange element is arranged upstream of the heating unit where the scale inhibitor dosing element provides the scale inhibitor to the water (see rejection of claim 7).
In the alternative, if US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, does not disclose a “the ion exchange element is arranged upstream of the heating unit where the scale inhibitor dosing element provides the scale inhibitor to the water”, then this feature is nonetheless rendered obvious by US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, to form the ion exchange element is arranged upstream of the heating unit and reasonably expect the resulting apparatus to work as the prior art intended, i.e. remove impurities from water.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, to form the ion exchange element is arranged upstream of the heating unit because it would assist with removing impurities.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, to form the ion exchange element is arranged upstream of the heating unit because rearranging the location of the ion exchange element is considered nothing more than an obvious rearrangement of parts (see M.P.E.P. 2144.04 VI. C.).
Regarding claim 19, US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, discloses the invention as discussed above in claim 7. Further, US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, does not disclose the ion exchange element is arranged in the heating unit where the scale inhibitor dosing element provides the scale inhibitor to the water (see rejection of claim 7).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, to form the ion exchange element to be arranged in the heating unit where the scale inhibitor dosing element provides the scale inhibitor to the water and reasonably expect the resulting apparatus to work as the prior art intended, i.e. remove impurities from water.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, to form the ion exchange element to be arranged in the heating unit where the scale inhibitor dosing element provides the scale inhibitor to the water because it would assist with removing impurities.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify US 596 in view of US 898, or in the alternative, US 596 in view of K’a’racher and US 898, to form the ion exchange element to be arranged in the heating unit where the scale inhibitor dosing element provides the scale inhibitor to the water because rearranging the location of the ion exchange element is considered nothing more than an obvious rearrangement of parts (see M.P.E.P. 2144.04 VI. C.).
Related Prior Art
Prior art made of record and not relied upon is considered pertinent to applicants’ disclosure:
US 20160296063 A1 (hereinafter US 063) discloses a beverage frothing device that comprises a first beverage passageway that comprises a first beverage suction duct and a first steam inlet duct and a second beverage passageway that comprises a second beverage suction duct and a second steam inlet duct (see US 063 abstract, claim 1, and paragraphs [0005], [0022] and figures 1 and 12). US 063 discloses a “steam feeding arrangement is further provided, which is configured for dispensing steam selectively to the first steam delivery duct (21), for producing frothed beverage, or to the second steam delivery duct (23) for producing hot, unfrothed beverage” (see US 063 abstract, figures 1, 2, 4, 6, 9, 10, 12).
Both US 20130114947 A1 (hereinafter US 947) and US 20160057810 A1 (hereinafter US 810) disclose that “If the scale is not (periodically) removed clogging up may occur, as a result of which the performance of the steam generation device may decrease and, eventually, the steam generation device may not be fit to be used anymore” (see US 947 paragraph [0003] & see US 810 paragraph [0003]).
https://www.seattlecoffeegear.com/pages/product-resource/seattle-coffee-gear-guide-to-descaling-resources (published Oct 7, 2014 ; retrieved February 25, 2026) (hereinafter Seattle) discloses that the formation of scale is a known issue in single boiler coffee maker/espresso maker (see Seattle page 1).
Response to Arguments
Applicant's amendments and arguments filed December 29, 2025 and Request for Continued Examination filed on January 22, 206 have been fully considered but they are not persuasive. The Examiner's remarks to Applicants' arguments are herein incorporated into the rejections presented above. Additional remarks are represented below.
The prior art rejection(s) have been maintained.
Any arguments presented in the December 29, 2025 Amendment that are substantially similar to the previously presented arguments, and were addressed in the October 1, 2025 Office Action will not be addressed here.
In the response, it was argued that US 596 discloses a heating element for heating water and a separate seam chamber for providing steam (see Response page 7). This argument is deemed unpersuasive. US 596 discloses “the heating unit is configured to heat the water in the descaling reactor, especially to a temperature of at least 40° C., such as at least 70° C., such as at least 80° C., even more especially to a boiling temperature”, “When there is no separate heating unit, the descaling reactor may also be configured as heating unit” and “the heating unit (and thus in some embodiment the descaling reactor) may be configured as steam chamber, and thus be configured to provide steam” (see US 596 paragraph 0037). Thus, US 596 is deemed to disclose a heating unit or a descaling reactor that can provide heated water and/or steam.
In the response, it was argued that US 596 discloses a scale inhibitor adsorbent that chemically adsorbs scale and does not mechanically screen out scale particles (see Response page 7). This argument is deemed unpersuasive. As established above, US 596 discloses additional components, such as the membrane or the fine mesh envelope, that would necessarily mechanically screen out particles.
In the response, it was argued that “[A]mended claim 1 now explicitly recites the specific problem solved by the invention of mechanically trapping solid scale particles released from the heating unit due to thermal stress caused by switching between the heating mode and the steam formation mode. … US 596 is silent on this problem” (see Response page 8). This argument is deemed unpersuasive. “In determining obviousness, neither the particular motivation to make the claimed invention nor the problem the inventor is solving controls. The proper analysis is whether the claimed invention would have been obvious to one of ordinary skill in the art after consideration of all the facts. See 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a)” (see MPEP 2141, III).
In the response, it was argued that US 596 teaches away from the claimed apparatus (see Response page 8). In the response, it was argued that US 596 discloses that the “adsorbent is placed at the very end of the fluid path, downstream of the internal components and potential flow restrictions. The claimed invention, however, requires the scale collector element to be arranged "upstream of any scale sensitive flow restriction’.” (see Response page 8). This argument is deemed unpersuasive. First, it is noted that claim 1 recites “the scale collector element is arranged … upstream of a scale sensitive flow restriction”. Second, to constitute a teaching away, the prior art must criticize, discredit, or otherwise discourage the solution claimed (see MPEP 2145, X, D, 1). US 596 does not criticize, discredit, or otherwise discourage the scale collector element is arranged downstream of the heating unit and upstream of a scale sensitive flow restriction. US 596 discloses “it appears effective to have the scale inhibitor adsorbent as close as possible to the descaling unit outlet” (see US 596 paragraph 0016), which does not criticize, discredit, or otherwise discourage.
Other Applicable Prior Art
All other art cited not detailed above in a rejection is considered relevant to at least some portion or feature of the current application and is cited for possible future use for reference. Applicant may find it useful to be familiar with all cited art for possible future rejections or discussion.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BERNADETTE K MCGANN whose telephone number is (571)272-5367. The examiner can normally be reached M-F 7:00 am -3:30 pm (EST).
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, Ben Lebron can be reached on 571-272-0475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BERNADETTE KAREN MCGANN/Examiner, Art Unit 1773
/BENJAMIN L LEBRON/Supervisory Patent Examiner, Art Unit 1773