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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 11-24 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-14 of copending Application No. 17/914,195. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed subject matter of the present application and that of the claims of the copending application are substantially the same and the claimed subject matter of the present application would have been obvious to one of ordinary skill in the art based on the claimed subject matter of the claims of the copending application.
Claims 11-24 of the present application
Claim 1-14 of Application No. 17/914195
11. A system for preparing edible products based upon a circulation of fluid through a portion of edible substance, said system comprising: an apparatus comprising a recipient placement disposition (2) configured to provide operative placement of at least one type of recipient to receive edible product from a product discharge an envelope of apparatus, an entry passageway (8) for insertion of the portion of edible substance into the system so as to be provided in flow connection upstream of the product discharge at least one access disposition configured to move and provide access to at least one of: the entry passageway or the product discharge, and input means wherein the apparatus is configured to carry out at least the following operations: driving at least part of the at least one access disposition, initiating a supply of the portion of edible substance to the system via the entry passageway, initiating the circulation of the fluid and discharge of the edible product to the recipient, wherein at least one of said operations is carried out based upon an apprehension, by the input means, of an input gesture made without contact, in an input space that extends in a proximal surrounding of the apparatus.
12. The system according to claim 11, wherein at least part of the at least one access disposition is configure to be actuated by at least one of: different types of free hand input gesture without touching the apparatus, and different types of input gesture associated with an object, without contact with the apparatus.
13. The system according to claims 11, wherein the input means discriminates at least one of a gesture by a free hand and gesture by a hand holding an object, and the input space extends in the proximal surrounding.
14. The system according to claim 11, the input means distinguish at least two different types of touchless input gestures carried out by a hand in the proximal surrounding, including at least one type of gesture from a gesture list, the gesture list including gestures along a single direction, along at least a first and a second direction, in a single plane and at least in a first and second planes, with a first and a second configuration of the spatial path.
15. The system according to claim 11, wherein the input means discriminate at least two positions of at least one of: the recipient (10) on the recipient placement disposition, and the portion of edible substance with relation to the entry passageway.
16. The system according to claim 11, wherein the input means (9) generate an input that triggers actuation of non-manual movement of the recipient placement disposition based on the apprehension of at least one gesture of: oncoming of the recipient in the proximal surrounding, or placement of the recipient on the recipient placement disposition.
17. The system according to claim 11, wherein at least part of the input means are associated with at least one exterior input location, an envelope of the apparatus and are directed in an orientation along at least part of the proximal surrounding, to apprehend, in isolation or jointly, remote interactions in the at least part of the proximal surrounding.
18. The system according to claim 11, wherein the input means distinguish between at least one of: proximity and placement of the portion of edible substance and of the recipient, with relation to a portion of the apparatus and generate input relative to at least one of: a respective first initial position and a second position, and the input means automatically detect at least one of: the proximity of the recipient relative to the access disposition (4)-and/or to the recipient placement disposition; or the placement of the recipient on the recipient placement disposition.
19. The system according to claim 11, wherein the input means are operatively associated with at least one of: the recipient placement disposition the access disposition, or a portion of the apparatus envelope in the proximity thereof; and at least one of said operations is carried out based upon the apprehension of a code associated with the portions of edible substance.
20. The system according to claim 11, wherein the input means apprehend an input gesture associated with at least one of: an optical interaction, an electromagnetic interaction, a magnetic interaction, or an interaction of capacitive type, that occur in at least one of: the proximal surrounding of the apparatus or an envelope or the apparatus.
21. The system according to claim 11, wherein at least part of the recipient placement disposition is configured to be moved in a non-manual manner, including at least one of: from a closed position to an open position from the open position to the closed position, from an initial placement position of the recipient to a retention position of the recipient, or from the retention position of the recipient to the initial placement position of the recipient; and at least one of the movements of the at least part of the recipient placement disposition is triggered by and according to an input apprehended by the input means.
22. The system according to claim 11, wherein at least part of the at least one access disposition is configured to be moved non-manually, between a closed position and an open position, and at least one of the movements of at least part of the at least one access disposition is triggered by and according to an input apprehended by the input means .
23. The system according to claim 11, wherein at least part of the at least one access disposition is configured to be automatically actuated based upon at least one of: detection of a presence of an object on the apparatus, or a predetermined period of time without apprehension of inputs.
24. The system according to claim 11, wherein at least one of the at least one access disposition is configured such that an input apprehended by the input means only triggers actuation for an opening movement from a closed position, and actuation for a closing movement from an open position can be triggered by at least one of a predetermined operation event of the apparatus, or a predetermined period of time after a predetermined operation event of the apparatus.
1. A system for preparing edible products, for example beverages, based upon the circulation of a fluid through a portion (7) of edible substance, and comprising an apparatus (1) that presents: a recipient placement disposition (2) adapted so that provides operative placement of at least one type of drinking recipient (10, 10′) so that can collect edible product from a product discharge (21), in particular a product discharge (21) provided so that the edible product can be discharge along a direction opposite to the gravity force, an envelope (3) of the apparatus, control means (6) adapted so that can control at least the fluid circulation on the apparatus (1), preferentially further presenting portion supply means, such as for example an entry passageway (8) of portion, adapted so that can supply a portion (7) of edible substance to a product preparation device (5), input means (9; 91, 92, 93, 94) adapted so that can apprehend an input external to the apparatus (1) and provided in operative connection with the control means (6), characterized in that the apparatus (1) presents an access disposition (4; 41, 42) adapted so that can be moved and thereby provide access to at least one of: entry passageway (8) and product discharge (21), and in that the apparatus (1) is adapted so that can carry out at least the following operations: actuating at least part of said access disposition (4; 41, 42), preferentially also the recipient placement disposition (2), initiating the supply of a portion of edible substance to a product preparation device (5) by the portion supply means, such as for example the entry passageway (8) of portions, initiating fluid circulation including through the portion (7) of edible substance, and discharge to the recipient (10, 10′), whereby at least one of said operations can be carried out based upon the apprehension of an input gesture, including at least one of: a hand gesture in the proximal surrounding of the apparatus (1) without touching thereupon, and a touch gesture on a portion of the exterior surface of the apparatus (1).
2. The system according to claim 1, characterized in that the apparatus (1) is adapted so that at least part of said access disposition (4; 41, 42), and preferentially further at least one of: the recipient placement disposition (2) and control means (6), can be actuated by at least one of: up to two different types of free hand input gesture without touching the apparatus (1), up to three types of input gesture at least in contact proximity by an electrically conducting interacting object, without exerting pressure force beyond the weight of the interacting object, for example of haptic type, with a respective input surface of the apparatus (1), up to four types of input gesture with contact and detection of at least one of: presence and relative position of the interacting object, with relation to a respective input surface of the apparatus (1).
3. The system according to claim 1, characterized in that the input means (9; 91, 92, 93, 94) are adapted so that can apprehend at least one of, preferentially at least two types of input gestures, including: in remote manner, for example of the type image capture or infrared interaction, magnetic interaction, in particular within an input space (E) associated with said access disposition (4; 41, 42), for example extending in the orthogonal projection thereof, at least in at least one of the top and frontal regions of the apparatus (1), in haptic manner, for example of the capacitive type, so as to generate a variation of electrical field, in particular in at least one point of an input surface presenting a plurality of adjacent possible touch points, preferentially a surface associated with said access disposition (4; 41, 42).
4. The system according to claim 1, characterized in that the input means (9; 91, 92) are adapted so that can discriminate at least one of: at least two different types of contactless input gestures carried out by a hand in the proximal surrounding, in particular of a respective input space (E, E′), including at least one type of gesture from the list that includes gestures along a single direction, along at least a first and a second direction, in a single plane and at least in a first and second planes, with a first and a second configuration of the spatial path; at least two different types of touch input gestures carried out by at least one finger of a hand, including at least one type of touch from the list that includes pinpoint touch, sliding touch, dragging touch, preferentially upon the exterior surface of the access disposition (4; 41, 42).
5. The system according to claim 1, characterized in that the input means (9; 91, 92, 93, 94) are adapted so that can discriminate at least two positions of at least one of: an input gesture and an object on the apparatus (1), including at least one of, preferentially at least two of: at least one of at least two different locations of a touch gesture with a portion of the envelope (3) of apparatus, preferentially with the access disposition (4; 41, 42); at least one of two different directions and/or configurations described by a touch gesture on a portion of the envelope (3) of apparatus, preferentially with the access disposition (4; 41, 42); at least one of two different positions of a recipient (10) placed on the recipient placement disposition (2), and at least one of two different positions of a portion (7) of edible substance with relation to the portion supply means, such as for example an entry passageway (8) of portions.
6. The system according to claim 1, characterized in that the input means (9) are adapted so that can generate an input that triggers actuation of non-manual movement of the recipient placement disposition (2) in case of apprehension of at least one gesture of: oncoming of a recipient (10) in a proximal surrounding, preferentially at least of the access disposition (4; 41, 42), and placement of a recipient (10) on the recipient placement disposition (2), preferentially in a previously defined position of at least one portion of the recipient (10).
7. The system according to claim 1, characterized in that at least part of the input means (9; 91, 92) are associated to at least one exterior input location, preferentially to a plurality of exterior input locations of the apparatus envelope (3), and are directed in an orientation along at least part of the proximal surrounding at sight, and are adapted so that can in isolation or jointly apprehend remote interactions, in particular at least one of: presence, duration of presence, trajectory, relative distance, in at least part of the proximal surrounding, in particular in a respective input space (E, E′), preferentially including associated with at least one of the top and frontal regions of the apparatus (1), preferentially associated with the access disposition (4), or in that at least part of the input means (9; 91, 92) are associated with at least one exterior input surface of the apparatus envelope (3) comprising a plurality of different adjacent locations of input apprehension by touch without pressure, whereby said input means (9; 91, 92) are preferentially provided underneath an exterior surface, for example as mutual capacitive sensors or similar, and are not provided in the form of a button or similar, and are preferentially provided so that are not visible or perceptible on the exterior of the apparatus (1).
8. System according to claim 1, characterized in that the input means (9; 91, 92, 93, 94) are adapted so that can distinguish between at least one of: proximity and placement of a portion (7) of edible substance and of a recipient (10, 10′) with relation to a portion of the apparatus (1), preferentially including to the access disposition (4; 41, 42), being preferentially further adapted so that can generate input relative to at least one of: a respective first initial position and a second position, and in that the input means (9) are adapted so that can automatically detect at least one of: proximity of a recipient (10, 10′) relative to the access disposition (4) and/or to the recipient placement disposition (2); placement of a recipient (10, 10′) on the recipient placement disposition (2).
9. The system according to claim 1, characterized in that the input means (9) are operatively associated with at least one of: a recipient placement disposition (2) adapted so that can carry out a movement from an initial position (I), an access disposition (4; 41, 42) adapted so that can carry out a movement from a closed position (I); a portion of the apparatus envelope (3) in the proximity of, preferentially a portion in the same face of the apparatus (1) as at least one of: recipient placement disposition (2) and access disposition (4; 41, 42); control means (6) adapted so that can control operation of the apparatus (1), including based upon the apprehension of a code associated with the portions (7) of edible substance.
10. The system according to claim 1, characterized in that the input means (9; 91, 92) are adapted so that can apprehend an input gesture associated with at least one of: an optical interaction, for example image capture, an electromagnetic interaction, for example by infrared, a magnetic interaction, an interaction of capacitive type, preferentially by means of touch with a force not greater than the weight of the interacting object, for example a finger, occurring in at least one of: proximal surrounding, in particular input space (E), and envelope (3), in particular input surface, associated with the apparatus (1), in particular with the access disposition (4).
11. The system according to claim 1, characterized in that at least part of the recipient placement disposition (2) is adapted so that can be moved in non-manual manner, for example by electromechanical means, including at least one of: at least from the respective closed position (I) to an open position (II), preferentially also vice-versa, from an initial placement position (I) of recipient to a retention position (II) of recipient, and preferentially also vice-versa, whereby at least one of said movements is triggered by and according to an input apprehended by said input means (9; 91, 92, 93, 94).
12. The system according to claim 1, characterized in that at least part of the access disposition (4; 41, 42) is adapted so can be moved non-manually, for example by electromechanical means, including at least one of: from the closed position (I) to an open position (II), from an open position (II) to the closed position (I), whereby at least one of said movements is triggered by and according to an input apprehended by said input means (9; 91, 92).
13. The system according to claim 1, characterized in that the apparatus (1) is adapted so that at least part of the access disposition (4; 41, 42), preferentially also said recipient placement disposition (2), can further be automatically actuated based upon at least one of: detection of the presence of an object on the apparatus (1), for example of the recipient (10) on the recipient placement disposition (2); counting of a previously defined period of time without apprehension of said contactless, haptic or presence detection inputs.
14. The system according to claim 1, characterized in that at least one of: recipient placement disposition (2) and access disposition (4; 41, 42) presents actuation means adapted so that an input apprehended by said input means (9) only triggers the actuation of opening movement from said closed position (I), and so that the actuation of closing movement from an open position (II) can be triggered by at least one of: previously defined operation event of the apparatus (1), such as for example detection of the presence of at least one of: portion (7) of edible substance and recipient (10, 10) in operative condition in the apparatus (1), or other indication of a respective operative condition, automatic count of previously defined period of time after a previously defined operation event of the apparatus (1), in particular a period of time without apprehension of other input by the input means (9).
As can be seen above, the claimed subject matter of the present application and that of the claims of the copending application are substantially the same and the claimed subject matter of the present application would have been obvious to one of ordinary skill in the art based on the claimed subject matter of the claims of the copending application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Response to Amendment
Applicant’s arguments with respect to claim(s) 11-24 have been considered but are moot because the new ground of rejection.
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.
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/QUANG T VAN/Primary Examiner, Art Unit 3761 July 1, 2026
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