DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation is in claim 7 which recites the limitations
“a bias mechanism that biases the valve member” which is further defined by the applicant’s specification as a “magnets or one or more springs” [0067]. These limitations will be applied to the examiner’s interpretation of the claim limitation.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 20 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. Claim 20 recites the limitation "the continuous range of positions" in the third line. There is insufficient antecedent basis for this limitation in the claim. The examiner recommends this claim be amended to depend on Claim 1 as opposed to Claim 6 which would overcome the basis for the rejection. Alternatively, the text of the claim should be edited to “a continuous range of positions” to maintain dependence on Claim 6 and overcome the rejection.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-12, 16-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over White (US 2014/0102306 A1) in view of Starr (US 2014/0208952 A1):
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Regarding Claim 1: White teaches a drip coffee maker (“coffee maker” abstract), comprising: a brew basket (“filter basket” [0022] Figure 12 Element 120) configured to house coffee grounds during brewing (the prior art teaches “brewed coffee [is] output from the filter basket” [0022] which suggests that the basket is configured to house coffee grounds during brewing and reads on the limitations of the claim); an electronically-controllable variable valve (“valve assembly” [0039] Figure 12 Element 121 and the prior art also teaches that the valve is electrically controllable by an “electric motor” [0039]) disposed downstream of the brew basket (Figure 12 further shows that the valve is located downstream of the basket) and movable within a continuous range of positions (the prior art teaches that the valve is continuously moveable between “open” and “closed positions by an “electric motor” [0039] ); and a controller (“control panel” [0021] that contains a “switch” [0039] which operates the electric motor and the valve movement) coupled to the electronically-controllable variable valve and configured to regulate a flow rate of coffee produced in the brew basket to a brewing container by controlling the electronically-controllable variable valve within the continuous range of positions (the controller of the invention is coupled to the valve via the electric motor and controls the flow rate by controlling the position of the valve [0039]).
While White implies the presence of a water supply disposed upstream of the brew basket and configured to supply heated water to the brew basket to bring the heated water into contact with the coffee grounds to perform a drip coffee brewing operation (as the invention operates the “valve assembly until such time as the grounds in the filter contained in the filter basket have been exposed to hot water and brewed sufficiently” [0041]). The invention of white does not explicitly disclose a water supply for supplying hot water.
However, Starr et al does teach a kitchen appliance for preparing a hot beverage with a water supply (“reservoir” Abstract) for supplying hot water (“hot water generator” Abstract)
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of White with the water supply and hot water generator as taught by Starr in order to provide water to the drip coffee maker and “increase the temperature of the liquid within the system” [0006] and “effectuate movement of liquid” [0006] withing the system.
Regarding Claim 2: White further teaches that the electronically-controllable variable valve (“valve assembly” [0039] Figure 12 Element 121 and the prior art also teaches that the valve is electrically controllable by an “electric motor” [0039]) includes a valve member (“valve member” [0038] Figure 13 “valve member”) projecting through a port (“opening” [0038] Figure 13 “port”) and configured to move relative to the port to variably occlude the port and thereby vary a fluid flow rate through the port (the prior art further teaches that the valve member is configured to move via the “actuator” [0038] Figure 13 Element 122 and the “central shaft” [0038] Figure 13 Element 124 and variably occlude the port and thus vary flow rate).
Regarding Claim 3: White further teaches that the valve member (“valve member” [0038] Figure 13 “valve member”) moves along a first axis (Figure 13 “First, Vertical Axis”) and includes a substantially conical portion (Figure 13 further shows that the valve member has a conical shape), the first axis is substantially vertical (Figure 13 “First, Vertical Axis”)and the substantially conical portion of the valve member decreases in diameter from top to bottom such that movement of the valve member in a downward direction along the first axis increases occlusion of the port (Figure 13 further shows that the valve member has a conical portion (Element 125b) which decreases in diameter from top to bottom and thus increases the occlusion of the port when moved in the downward direction).
Regarding Claim 4: White further teaches that the electronically-controllable variable valve includes a valve drive (Figure 13 “Valve Drive”), and the valve drive includes an electric motor (Figure 13 Element 136) and a linear actuator (Figure 13 “Linear Actuator”) which reads on the limitation of the claim.
Regarding Claim 5: White further teaches that the electronically-controllable variable valve (“valve assembly” [0039] Figure 12 Element 121 and the prior art also teaches that the valve is electrically controllable by an “electric motor” [0039]) includes: a valve member (“valve member” [0038] Figure 13 “valve member”) projecting through a port (“opening” [0038] Figure 13 “Port”)) and configured to move along a first axis to vary a fluid flow rate through the port (the prior art further teaches that the valve member is configured to move via the “actuator” [0038] Figure 13 Element 122 and the “central shaft” [0038] Figure 13 Element 124 and variably occlude the port and thus vary flow rate); a wedge body (Figure 13 Element 130 and 129) configured for movement along a second axis (Figure 13 further shows that the wedge body is configured to move the elements of the valve drive along a “second axis”) and including an inclined surface (Figure 13 further shows that the wedge includes and inclined surface) operably coupled to the valve member to cause movement of the valve member along the first axis in response to movement of the wedge body along the second axis (the prior art further teaches that the wedge body is coupled to the valve element and that the movement of the wedge body in the second axis (driven by the electric motor) induces the movement of the valve element in the first axis); and a valve drive operably coupled to the wedge body to controllably-position the wedge body along the second axis and thereby control a position of the valve member along the first axis (Figure 13 further shows the relation of the valve drive and the wedge body as they operate in tandem to move the wedge body in the second axis to induce movement of the valve member in the direction of the first axis).
Regarding Claim 6: White teaches a drip coffee maker (“coffee maker” abstract), comprising: a brew basket (“filter basket” [0022] Figure 12 Element 120) configured to house coffee grounds during brewing (the prior art teaches “brewed coffee [is] output from the filter basket” [0022] which suggests that the basket is configured to house coffee grounds during brewing and reads on the limitations of the claim); and an electronically-controllable variable valve (“valve assembly” [0039] Figure 12 Element 121 and the prior art also teaches that the valve is electrically controllable by an “electric motor” [0039]) positioned to regulate water/coffee contact time in the brew basket (the invention operates the “valve assembly until such time as the grounds in the filter contained in the filter basket have been exposed to hot water and brewed sufficiently” [0041]), the electronically-controllable variable valve including: a valve member ( Figure 13 “valve member”) projecting through a port (“opening” [0038] Figure 13 “Port”) and configured to move along a first axis to vary a fluid flow rate through the port (Figure 13 “First, Vertical Axis”); a wedge body (Figure 13 “Wedge Body” Elements 130 and 129) configured for movement along a second axis (Figure 13 further shows that the wedge body is configured to move the elements of the valve drive along a “second axis”) and including an inclined surface (Figure 13 further shows that the wedge includes and inclined surface) operably coupled to the valve member to cause movement of the valve member along the first axis in response to movement of the wedge body along the second axis (the prior art further teaches that the wedge body is coupled to the valve element and that the movement of the wedge body in the second axis (driven by the electric motor) induces the movement of the valve element in the first axis); and a valve drive operably coupled to the wedge body to controllably-position the wedge body along the second axis and thereby control a position of the valve member along the first axis (Figure 13 further shows the relation of the valve drive and the wedge body as they operate in tandem to move the wedge body in the second axis to induce movement of the valve member in the direction of the first axis).
While White implies the presence of a water supply disposed upstream of the brew basket and configured to supply heated water to the brew basket to bring the heated water into contact with the coffee grounds to perform a drip coffee brewing operation (as the invention operates the “valve assembly until such time as the grounds in the filter contained in the filter basket have been exposed to hot water and brewed sufficiently” [0041]). The invention of white does not explicitly disclose a water supply for supplying hot water.
However, Starr et al does teach a kitchen appliance for preparing a hot beverage with a water supply (“reservoir” Abstract) for supplying hot water (“hot water generator” Abstract)
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of White with the water supply and hot water generator as taught by Starr in order to provide water to the drip coffee maker and “increase the temperature of the liquid within the system” [0006] and “effectuate movement of liquid” [0006] withing the system.
Regarding Claim 7: White further teaches that the electronically-controllable variable valve (“valve assembly” [0039] Figure 12 Element 121 and the prior art also teaches that the valve is electrically controllable by an “electric motor” [0039]) includes a valve member (“valve member” [0038] Figure 13 “valve member”) further includes a bias mechanism (“spring” [0026] Figure 2 Element 210) that biases the valve member (Figure 13 “Valve Member”) towards a fully closed position along the first axis at which fluid flow through the port is inhibited (“biases the valve plug” of the valve member such that the invention is in a closed position [0024])
Regarding Claim 8: White further teaches that the electronically-controllable variable valve (“valve assembly” [0039] Figure 12 Element 121 and the prior art also teaches that the valve is electrically controllable by an “electric motor” [0039]) further includes a bias mechanism (“spring” [0039] Figure 13 Element 131) that biases the valve member (“valve member” [0038] Figure 13 “valve member” towards a fully open position along the first axis at which fluid flow through the port is maximized (the prior art further teaches that the spring biases the invention to “open the valve” [0039]).
Regarding Claim 9: White further teaches that the valve member (Figure 13 “valve member”) includes a substantially conical portion (Figure 13 further shows that the valve member has a conical portion (Element 125b).
Regarding Claim 10: White further teaches that the first axis is substantially vertical (Figure 13 “First, Vertical Axis”) and the substantially conical portion of the valve member decreases in diameter from top to bottom such that movement of the valve member in a downward direction along the first axis increases occlusion of the port (Figure 13 further shows that the valve member has a conical portion (Element 125b) which decreases in diameter from top to bottom and thus increases the occlusion of the port when moved in the downward direction).
Regarding Claim 11: White further teaches that the drip coffee maker further comprising a lift body (Figure 12 “Lift Body”) having a mating surface (Figure 12 “Mating Surface”) that engages the inclined surface of the wedge body (Figure 12 further shows that the mating surface engages the inclined surface of the wedge body), the lift body being movable along the first axis (Figure 12 further shows movability along first, vertical axis) and positioned intermediate the wedge body and the valve member (Figure 12 further shows the lift body between the wedge body and the valve member) to cause the movement of the valve member along the first axis in response to movement of the wedge body along the second axis (The prior art further teaches that the movement of the wedge body along the second axis initiates the movement of the valve member along the vertical axis a shown in Figures 12 and 13).
Regarding Claim 12: White further teaches that the lift body (Figure 12 “Lift Body”) includes a lifting surface (Figure 12 “Lifting Surface”) configured to contact the valve member to cause the movement of the valve member along the first axis (Figure 12 further shows that the lifting surface is configured to contact the valve member and cause movement along the first axis).
Regarding Claim 16: White further teaches that the drip coffee maker (“coffee maker” abstract) further comprises a housing (Figure 1a “Housing”), wherein the valve member (“valve member” [0038] Figure 13 “valve member”) is coupled to the brew basket (“filter basket” [0022] Figure 12 Element 120), the lift body (Figure 12 “Lift Body”) and wedge body (Figure 13 “Wedge Body” Elements 130 and 129) are disposed in the housing, and the brew basket is removable from the housing (the prior art further teaches that the “basket assembly is movable on a sliding drawer so that the [basket can be removed and serviced by the user]” [0039]), and wherein insertion of the brew basket into the housing aligns the valve member with the lift body and wedge body( the prior art further teaches that the brew basket, when reinserted “returns to brewing position in which the actuator rod impinges on the cam disk” [0039 which initiated the alignment of the valve body, lift body, and the wedge body).
Regarding Claim 17: White further teaches that the valve member (Figure 12 “Valve Member”) includes a mating surface (Figure 12 “mating surface”) configured to contact the inclined surface of the wedge body (Figure 12 shows that the mating surface enables the valve member to contact the inclined surface of the wedge body via the lift body)
Regarding Claim 18: White further teaches that the valve member (Figure 12 “valve member”) includes a downwardly-facing conical tip (Figure 12 “Conical Tip”) that funnels fluid flow to a single point of release (Figure 12 “outlet”).
Regarding Claim 20: White further teaches that the electronically-controllable variable valve (“valve assembly” [0039] Figure 12 Element 121 and the prior art also teaches that the valve is electrically controllable by an “electric motor” [0039]) is disposed downstream of the brew basket (Figure 12 further shows that the valve is located downstream of the basket) and is movable within the continuous range of positions (the prior art teaches that the valve is continuously moveable between “open” and “closed positions by an “electric motor” [0039] ) to regulate a flow rate of coffee produced in the brew basket to a brewing container (the controller of the invention is coupled to the valve via the electric motor and controls the flow rate by controlling the position of the valve [0039]).
Claims 13-15 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over White (US 2014/0102306 A1) and Starr (US 2014/0208952 A1) in further view of Warner (Us 5,957,036):
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Regarding Claim 13: White teaches that the valve member has an outlet (Figure 12 “outlet”) configured to output fluid received by the valve member through the port (Figure 13 “Port”)
White as modified by Starr does not teach that the lift body includes a channel configured to allow the fluid output by the outlet of the valve member to travel through the lift body
However, Warner does teach a drip coffee maker (“Coffee maker” Abstract) with a lift body (Figure 7 “Lift Body”) includes a channel (Figure 8 “Lift Body Channel”) configured to allow the fluid output by the outlet of the valve member (Figure 8 “Valve Outlet”) to travel through the lift body
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of White as modified by Starr with the channel as taught by Warner in order to provide a valve mechanism that is “reliable, inexpensive, and durable… and does not significantly interfere with the operation or use of the coffee maker” (Col 1 Lines 35-47) by streamlining the overall structure of the valve mechanism.
Regarding Claim 14: White as modified by Starr and Warner further teaches that the lift body (Figure 7 “Lift Body”) includes a fluid outlet (Figure 8 “Lift Body Fluid Outlet”) configured to output the fluid received in the channel of the lift body (Figure 8 “Lift body channel”) to be conveyed to a container (“carafe” Col 5 Line 33).
Regarding Claim 15: White does not teach that the wedge body includes an interior opening configured to receive the channel of the lift body, wherein the interior opening has a length along the second axis that is sufficient to allow the channel to project through the interior opening when the electronically-controllable variable valve is in each of fully closed and fully open positions.
However, Warner does teach that the wedge body (Figure 3 “Wedge Body”) includes an interior opening (Figure 3 “Wedge Body Interior Opening”) configured to receive the channel of the lift body (Figure 8 further shows that the opening received the channel of the lift body), wherein the interior opening has a length along the second axis that is sufficient to allow the channel to project through the interior opening when the electronically-controllable variable valve is in each of fully closed and fully open positions (Figure 3 further shows that the interior opening has a with sufficient to allow the channel to project through the interior opening when the valve is in operation between open and closed positions).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of White as modified by Starr with the wedge body an opening as taught by Warner in order to provide a valve mechanism that is “reliable, inexpensive, and durable… and does not significantly interfere with the operation or use of the coffee maker” (Col 1 Lines 35-47) by streamlining the overall structure of the valve mechanism.
Regarding Claim 19: The primary embodiment of White further teaches that the downwardly-facing conical tip (Figure 12 “Conical Tip”) is used for conveying fluid from the port to the single point of release (Figure 12 “outlet”), and the wedge body includes an interior opening (Figure 2 shows an “Interior Opening of Wedge Body” that allows elements of the lift body to pass through)
The primary embodiment of White does not teach that the downwardly-facing conical tip (Figure 12 “Conical Tip”) includes a plurality of through-holes (Figure 3 “Plurality of Through Holes”)
However, a secondary embodiment of White does teach that the downwardly-facing conical tip includes a plurality of through-holes (Figure 3 “Plurality of Through Holes”)
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of the primary embodiment of White with the plurality of through holes taught by the second embodiment of White as it has been held that duplication of parts requires only routine skill in the art In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) MPEP 2144.VI B
Additionally, White as modified by Starr does not teach that the interior opening of the wedge allows fluid released from the single point of release to flow through the wedge body.
However, Warner does teach that the interior opening (Figure 3 “Interior Opening”) of the wedge body (Figure 3 “Wedge Body”) that allows fluid released from the single point of release to flow through the wedge body (The prior art teaches that the fluid flows through).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of White as modified by Starr with the wedge body an opening as taught by Warner in order to provide a valve mechanism that is “reliable, inexpensive, and durable… and does not significantly interfere with the operation or use of the coffee maker” (Col 1 Lines 35-47) by streamlining the overall structure of the valve mechanism.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SOLAN OLIVA whose telephone number is (571-)272-2518. The examiner can normally be reached Monday-Thursday 7:00-3:00.
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, Ibrahime Abraham can be reached at (571) 270-8241. The fax phone number for the organization where this application or proceeding is assigned is 571-270-5569.
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/SOLAN OLIVA/Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761
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