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
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10/27/2025 has been entered.
Election/Restrictions
Newly submitted claims 22-29 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: New independent claims 22, 25, and 28 are directed to a beverage cartridge including a cartridge container in combination with a cartridge lid, while the original invention was directed only to a cartridge lid. The original claimed invention only required the cartridge lid with the capability to cover an opening of a cartridge container, but the cartridge container was not required.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 22-29 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: Disclosure of “the first surface” being “generally planar” as required in claim 21, is not disclosed in Applicant’s Detailed Description.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “contact surface” configured to contact edge of the cartridge container, as required in claims 8 and 12, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 21 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Recited limitation “the first surface is generally planar” raises a written description issue because nowhere in Applicant’s Detailed Description is disclosed what or which part from within the rim’s first surface is “generally planar”. Further nowhere in the Detailed Description is disclosed what applicant meant with “generally planar”. It is unclear from the specification what or which portion from the first surface of the rim is generally planar.
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 21 is 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. The claim requires the first surface of the rim is generally planar, however, the first surface of the rim includes structure, such as centering contour and sealing contour which protrudes from the first surface of the rim. The examiner raises a question if “generally planar” meant the lower surface to be mostly planar, or a portion of the lower surface to be planar?
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bisio (US 2015/0353274).
Claim 1
Bisio discloses a cartridge lid (3) capable to cover an opening of a cartridge container, comprising a first/lower surface (defined by surface where structures 19, 23, and 17 protrudes) capable to be attached to the cartridge container at an edge of the opening of the cartridge container, thereby covering the cartridge container opening; and a rim/flange (9) extending beyond the first surface and forming a periphery of the cartridge lid outside the edge of the opening of the cartridge container when the cartridge lid is arranged on the opening of the cartridge container. The cartridge lid disclosed by Bisio is capable of being placed over, covering and sealing an opening of a cartridge container. Bisio further discloses the rim includes a sealing contour (23) arranged on the first surface of the cartridge lid, extending away from the first surface; and a centering contour (17 and/or 19) arranged on the first surface of the cartridge lid (see figure 5), extending away from the first surface and capable to contact a raised edge of a brewing machine and to urge the sealing contour toward the raised edge of the brewing machine.
Claim 2
Bisio further discloses the sealing contour forms a continuous closed ring around the first surface of the cartridge lid. The cartridge lid from Bisio is circular (see abstract), therefore forms a continuous closed ring.
Claim 3
Bisio further discloses the sealing contour is capable to be at least partially deformed by the raised edge of the brewing machine when the sealing contour is pressed against the raised edge of the brewing machine. Bisio discloses the sealing contour has a flexible end (25) (see [0017]).
Claim 4
Bisio further discloses the centering contour is arranged closer to the outermost perimeter of the cartridge lid than is the sealing contour (see figure 5). Centering contour portion (17) is arranged in the outermost perimeter of the cartridge lid.
Claim 5
Bisio further discloses the sealing contour is arranged closer to the outermost perimeter of the cartridge lid than is the centering contour. The sealing contour is arranged in the outermost perimeter of the cartridge lid compared to centering contour portion (19) (see figure 5).
Claim 6
Bisio further discloses the centering contour is arranged concentric with the sealing contour (see figure 5, [0016] and [0017]).
Claim 7
Bisio further discloses the centering contour extends farther away from the first surface of the cartridge lid than does the sealing contour (see figure 5).
Claim 8
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Bisio further discloses the first surface includes a contact surface (defined by surface of 17 that contacts abutment edge 11 as shown in figure 3) configured to contact edge of the cartridge container when the cartridge lid is arranged on the opening of the cartridge container wherein the first surface is flat between the sealing contour and the contact surface (see figure above).
Claim 9
Bisio further discloses the rim further includes a lip extending away from the first surface of the cartridge lid at an outermost perimeter of the cartridge lid; and the lip, the sealing contour, and the centering contour are the only raised features on the first surface, which is otherwise flat (see figure above).
Claim 10
Bisio discloses a cartridge lid (3) capable to cover an opening of a cartridge container, comprising a first/lower surface (defined by surface where structures 19, 23, and 17 protrudes) capable to be attached to the cartridge container at an edge of the opening of the cartridge container, thereby covering the cartridge container opening; and a rim/flange (9) extending beyond the first surface and forming a periphery of the cartridge lid outside the edge of the opening of the cartridge container when the cartridge lid is arranged on the opening of the cartridge container. The cartridge lid disclosed by Bisio is capable of being placed over, covering and sealing an opening of a cartridge container. Bisio further discloses the rim includes an annular sealing contour (23) arranged on the first surface of the cartridge lid, extending away from the first surface; and an annular centering contour (17 and/or 19), arranged on the first surface of the cartridge lid and concentric with the annular sealing contour (see figure 5, [0016] and [0017]), extending away from the first surface and capable to contact the raised edge of a brewing machine and to urge the annular sealing contour toward the raised edge of the brewing machine.
Claim 11
Bisio further discloses the annular sealing contour is capable to be at least partially deformed by the raised edge of the brewing machine when the annular sealing contour is pressed against the raised edge. Bisio discloses the sealing contour has a flexible end (25) (see [0017]).
Claim 12
Bisio further discloses the first surface includes a contact surface (defined by surface of 17 that contacts abutment edge 11 as shown in figure 3) configured to contact edge of the cartridge container when the cartridge lid is arranged on the opening of the cartridge container wherein the first surface is flat between the sealing contour and the contact surface (see figure above).
Claim 13
Bisio further discloses the annular centering contour is further configured such that the annular centering contour extends away from the first surface a greater distance than the annular sealing contour extends from the first surface (see figure 5).
Claim 14
Bisio further discloses the rim further includes a lip extending away from the first surface of the cartridge lid at an outermost perimeter of the cartridge lid; and the lip, the sealing contour, and the centering contour are the only raised features on the first surface, which is otherwise flat (see figure above).
Claim 15
Bisio discloses a cartridge lid (3) including means for sealing (defined by ribs 17 and/or 19) against a raised edge of a brewing machine, comprising a first/lower surface (defined by surface where structures 19, 23, and 17 protrudes) capable of covering an opening of a container means such that the first surface of the cartridge lid seals an edge of the opening of the container means; and a rim/flange (9) that extends beyond the first surface and forms a periphery of the cartridge lid outside the container means edge when the cartridge lid seals the edge of the opening of the container means (see abstract); and wherein the rim includes annular sealing means (23) capable of sealing against the raised edge of the brewing machine, arranged on the first surface of the cartridge lid within the periphery of the cartridge lid, extending away from the first surface; and annular centering means (defined by 17 and/or 19), arranged concentric with the annular sealing means (see figure 5, [0016] and [0017]), extending away from the first surface capable contacting the raised edge of the brewing machine and to position the annular sealing means against the raised edge of the brewing machine.
Claim 16
Bisio further discloses the annular sealing means is capable to be at least partially deformed by the raised edge of the brewing machine when the annular sealing means is pressed against the raised edge of the brewing machine, thereby providing a seal between the raised edge of the brewing machine and the periphery. Bisio discloses the annular sealing means comprising an edge of flexible material providing a complete seal (see [0017]).
Claim 17
Bisio further discloses the annular centering means has a larger diameter than that of the annular sealing means. Annular centering portion (19) is farther away from the end edge of the lid compared to the annular sealing means (see figure 5).
Claim 18
Bisio further discloses the annular sealing means has a larger diameter than that of the annular centering means. Annular sealing means is farther away from the end edge of the lid compared to the annular centering portion (17) (see figure 5).
Claim 19
Bisio further discloses the annular centering means is further configured such that the annular centering means extends away from the first surface a greater distance than the annular sealing means extends from the first surface (see figure 5).
Claim 20
Bisio further discloses the rim also includes lip means extending away from the first surface at an outermost perimeter of the cartridge lid; and the lip means, the annular sealing means, and the annular centering means are the only raised features on the first surface, which is otherwise flat (see figure above).
Claim 21
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As best understood, Bisio further discloses the first surface is generally planar within a border defined by the rim (see figure above).
Response to Arguments
Applicant's arguments filed 06/10/2025 have been fully considered but they are not persuasive. Regarding applicant’s argument of the disclosure of Bisio, the examiner disagrees. The “containing tank” as disclosed in Bisio is considered as the cartridge lid required by the applicant in the claims. The containing tank/cartridge lid of Bisio includes all and every structural feature required in the claims from the applicant, and in same fashion the containing tank/cartridge lid is inserted, abutting and engages an edge (11), covering the open space from infusion chamber (12) in Bisio, then the cartridge lid is capable to cover an opening of a cartridge container. Regarding applicant’s argument that Bisio does not disclose a centering contour, the examiner disagrees. The examiner considered any of structural features (17 and/or 19) as the centering contour which are capable to perform the function of centering the cartridge lid when placed over a surface the infusion chamber. Further, the structure considered as centering contour in Bisio is capable to contact a raised edge of a brewing machine and to urge a sealing contour (23) toward the raised edge of the brewing machine. Furthermore, the containing tank/cartridge lid of Bisio is capable to cover an opening of a cartridge container, and includes a rim (9) capable to be arranged on the opening of the cartridge container. As for Applicant’s argument of the rejection for claim 10 based on the teachings of Bisio, the examiner points out that Bisio discloses a first/lower surface (defined as surface where structures 19, 23 and 17 protrudes) but nowhere in the claim is prevented to use any of the protruding structure from the lower surface. Again, as previously explained, Bisio discloses structural features (17 and/or 19) as the centering contour/means capable to perform the required function recited in the claims. The centering means of Bisio, as shown in figures 2 and 4, is arranged concentric to sealing structure (23) extending from the first/lower surface of the rim/flange (9). The first/lower surface of the rim (9) Bisio is capable to cover an opening of a cartridge container in same fashion covers the opening of the infusion chamber (12). After further consideration, the examiner considered that no limitation from the claims is recited that prevents or disqualified Bisio to be used or be considered as a cartridge lid, as recited in the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAFAEL A. ORTIZ whose telephone number is (571)270-5240. The examiner can normally be reached Monday - Friday 9am - 6pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles can be reached at 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RAFAEL A. ORTIZ
Primary Examiner
Art Unit 3736
/RAFAEL A ORTIZ/Primary Examiner, Art Unit 3736