DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/13/2025 has been entered.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 10-12, 14-15, 25, 30 and 32-34 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Levantino (WO 2008/142663 A2) in view of Perkovic et al. (US 2002/0088807 A1), Jarisch (WO 2011/141535) and Schifferle (US 2005/0150391).
Regarding claim 10, Levantino discloses “a method of making a portion capsule for use with a beverage making machine to make a beverage” (abstract and fig.1), the beverage making machine incudes “a pump” (abstract, i.e., water coming from the pumping means of the coffee machine), fig.5, 18) that pierces “a foil cover of the portion capsule” (fig.1, C3), “a groove defined to include opposing spaced apart walls that are joined together by a bridge wall” (annotated fig.1), and “a seal disposed in the groove” (annotated fig.1, 19 pointed at a seal disposed in the groove), the method comprising:
“forming a material into a base element that includes: i) a wall structure extending around a central longitudinal axis to define a cavity, and ii) a peripheral region having a top side and an opposing bottom side, the wall structure including an upper annular portion annotated fig.3),
“filling the cavity with a raw beverage material” (on page 1, the preparation of a coffee with such capsules is simple … enables the substances contained in the powder to be extracted);
“closing the cavity by attaching the foil cover onto the top side of the peripheral region” (closing the cavity by attaching the foil cover C3 onto the top side of the peripheral region at C2), “the foil cover being dimensioned and configured to be: i) pierced by the mandrel of the beverage making machine in a piercing location that is laterally offset from the central longitudinal axis” (fig.6 shows example of the foil cover being dimensioned and configured to be: i) pierced by the mandrel of the beverage making machine in a piercing location that is laterally offset from the central longitudinal axis), and ii) “sealed by the seal of the beverage making machine in a sealing location that is located between the piercing location and an outer perimeter of the peripheral region” (fig.6 shows the seal of machine in a sealing location that is located between the piercing location (18) and an outer perimeter of the peripheral region (fig.6, at least the outer edge of flange C2)),
“wherein such piercing and sealing of the portion capsule occurring during use of the portion capsule with the beverage making machine” (see fig.6 for piercing and sealing of the portion capsule occurring during use of the portion capsule with the beverage making machine);
wherein “the seal is in simultaneous contact with the opposing spaced apart walls and the bridge wall” (figs.3-5, shows the seal 19 is in simultaneous contact with the opposing spaced apart walls and the bridge wall), and “a distal tip of the mandrel” (fig.3 shows the mandrel 18 having a distal tip) is spaced apart laterally from “the opposing spaced apart walls of the groove” (annotated fig.1 and fig.3 shows the tip of the mandrel spaced apparat from the groove holding seal); and
Levantino is silent regarding an optical detector; an upper annular portion with a generally constant slope; wherein the intermediate portion has a slope that is different than the generally constant slope of the of the upper annular portion; providing a detection means including a plurality of plural-edged detectable surfaces on the peripheral region of the base element that extend around a perimeter of the peripheral region; wherein the detection means is configured to be sensed by the optical detector of the beverage making machine; and the pump is activated to supply hot water after the detection means is sensed by the optical detector and compatibility of the portion capsule is determined based upon information obtained using the detection means.
Perkovic et al. teaches “an upper annular portion with a generally constant slope; wherein the intermediate portion has a slope that is different than the generally constant slope of the of the upper annular portion” (annotated fig.1 shows an upper annular portion with a generally constant slope; wherein the intermediate portion has a slope that is different than the generally constant slope of the of the upper annular portion). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Levantino with Perkovic et al., by modifying Levantino’s capsule configuration with Perkovic et al.’s capsule configuration, to provide the shape of capsule to accommodate different type of receptacle of a coffee machine.
Jarisch teaches “an optical detector” (on page 4, an optical sensor); “providing a detection means including a plurality of plural-edged detectable surfaces on the peripheral region of the base element that extend around a perimeter of the peripheral region” (figs.4-5 show the plurality of plural-edged detectable surfaces on the peripheral region of the base element. Fig.2 shows the details of the plurality of plural-edged detectable surfaces); wherein “the detection means is configured to be sensed by the optical detector of the beverage making machine” (on page 4, i.e., Each symbol may be printed and/or embossed. The shape of the symbols may be chosen amongst the following non-exhaustive list: arch-shaped segments, segments which are individually rectilinear but extend along at least a part of the section, dots, polygons, geometric shapes. The symbols may be readable by an optical sensor included in the reading arrangement, the color and/or the shape of each symbol being chosen according to the value of said symbol). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Levantino with Jarisch, by adding Jarisch’s optical detector and detections means to the Levantino’s capsule and coffee machine, to allow machine to operate based on detected symbols of a capsule (on page 5) as taught by Jarisch.
Schifferle teaches “the pump is activated to supply hot water after the detection means is sensed by the optical detector and compatibility of the portion capsule is determined based upon information obtained using the detection means” (Moreover, there is provided a sensor 28, electrically connected to the control unit 7 by means of a conductor 10a. The sensor 28 serves for detecting and reading a label or marking 27, provided on the cartridge 20 and containing information about the kind and/or content of the cartridge 20. Such a label or marking 27 can consist, for example, of a barcode printed onto the cartridge 20; however, other kinds of markings are possible, for example in electronic form. It is understood that the sensor 28 and the label or marking 27 are matched to each other to enable the sensor 28 to read the label or marking 28 and to forward the information contained therein to the control unit 7. In the case where exclusively cartridges 20 are used that are provided with such a label or marking 28, the selector switch 8 can be omitted since the kind of cartridge 20 is automatically recognized by the sensor 27, and the control unit, consequently, influences certain operating parameters of the coffee maker, e.g. the delivery rate of the pump 2, the adjustment of the throttle valve 4 et cetera. Examiner interprets that the sensor and label are matched to each other or compatible in order to enable reading of the label is considered as determine compatibility. Examiner noted that “hot water’ is a relative term). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Levantino with Schifferle, by adding Schifferle’s control algorithm to Levantino’s control system, to provide automatically operated the coffee maker based on information on the label (para.0019) as taught by Schifferle.
Regarding claim 11, modified Levantino discloses wherein “the attaching step includes sealing and/or bonding” (Perkovic et al., [0024], i.e., lid 10 is thermally welded to this circumferential flange 14).
Regarding claim 12, modified Levantino discloses “the foil cover is made of the same material as the base element” (Perkovic et al., Claim 3, i.e., in the material from which the side wall, the bottom and the lid are formed is a polymer plastic non-woven material).
Regarding claim 14, modified Levantino discloses “the optically detectable identifier results on a side wall of the base element” (Schifferle, [0019], i.e., a label or marking can consist, for example, of a barcode), and “the optically detectable identifier includes at least two areas which differ in their reflection properties” (Schifferle, examiner takes official notice that it is well known in the art that different thicknesses of barcode lines having different reflective areas).
Regarding claim 15, modified Levantino discloses “the method is free of a step of providing a filter in the cavity” (Levantino disclose no filter for the capsule).
Regarding claim 33, modified Levantino discloses “the plurality of plural-edged detectable surfaces include a plurality of four-edged elements” (Jarisch, figs.4-5 show the plurality of plural-edged detectable surfaces on the peripheral region of the base element. Fig.2 shows the details of the plurality of plural-edged detectable surfaces include four-edged elements).
Regarding claim 34, modified Levantino discloses “gaps are provided between multiple of the detectable surfaces” (Jarisch, fig.2 shows the gaps are provided between multiple of the detectable surfaces).
Regarding claim 25, Levantino discloses “a method of making a portion capsule for use with a beverage making machine to make a beverage” (abstract and fig.1), the beverage making machine incudes “a pump” (abstract, i.e., water coming from the pumping means of the coffee machine), fig.5, 18) that pierces “a foil cover of the portion capsule” (fig.1, C3), “a groove defined to include opposing spaced apart walls that are joined together by a bridge wall” (annotated fig.1), and “a seal disposed in the groove” (annotated fig.1, 19 pointed at a seal disposed in the groove), the method comprising:
“forming a material into a base element that includes: i) a wall structure extending around a central longitudinal axis to define a cavity, and ii) a peripheral region having a top side and an opposing bottom side, iii) a bottom area that is generally opposed to the peripheral region and that is at least partially rounded; the wall structure including an upper annular portion annotated fig.3),
“filling the cavity with a raw beverage material” (on page 1, the preparation of a coffee with such capsules is simple … enables the substances contained in the powder to be extracted);
“closing the cavity by attaching the foil cover onto the top side of the peripheral region” (closing the cavity by attaching the foil cover C3 onto the top side of the peripheral region at C2), “the foil cover being dimensioned and configured to be: i) pierced by the mandrel of the beverage making machine in a piercing location that is laterally offset from the central longitudinal axis” (fig.6 shows example of the foil cover being dimensioned and configured to be: i) pierced by the mandrel of the beverage making machine in a piercing location that is laterally offset from the central longitudinal axis), and ii) “sealed by the seal of the beverage making machine in a sealing location that is located between the piercing location and an outer perimeter of the peripheral region” (fig.6 shows the seal of machine in a sealing location that is located between the piercing location (18) and an outer perimeter of the peripheral region (fig.6, at least the outer edge of flange C2)),
“wherein such piercing and sealing of the portion capsule occurring during use of the portion capsule with the beverage making machine” (see fig.6 for piercing and sealing of the portion capsule occurring during use of the portion capsule with the beverage making machine);
wherein “the seal is in simultaneous contact with the opposing spaced apart walls and the bridge wall” (figs.3-5, shows the seal 19 is in simultaneous contact with the opposing spaced apart walls and the bridge wall), and “a distal tip of the mandrel” (fig.3 shows the mandrel 18 having a distal tip) is spaced apart laterally from “the opposing spaced apart walls of the groove” (annotated fig.1 and fig.3 shows the tip of the mandrel spaced apparat from the groove holding seal); and
Levantino is silent regarding an optical detector; an upper annular portion with a generally constant slope; wherein the intermediate portion has a slope that is different than the generally constant slope of the of the upper annular portion; providing a detection means including a plurality of plural-edged detectable surfaces on the peripheral region of the base element that extend around a perimeter of the peripheral region; wherein the detection means is configured to be sensed by the optical detector of the beverage making machine; and the pump is activated to supply hot water after the detection means is sensed by the optical detector and compatibility of the portion capsule is determined based upon information obtained using the detection means.
Perkovic et al. teaches “an upper annular portion with a generally constant slope; wherein the intermediate portion has a slope that is different than the generally constant slope of the of the upper annular portion” (annotated fig.1 shows an upper annular portion with a generally constant slope; wherein the intermediate portion has a slope that is different than the generally constant slope of the of the upper annular portion); wherein “the attaching step includes sealing and/or bonding” (Perkovic et al., [0024], i.e., lid 10 is thermally welded to this circumferential flange 14). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Levantino with Perkovic et al., by modifying Levantino’s capsule configuration with Perkovic et al.’s capsule configuration, to provide the shape of capsule to accommodate different type of receptacle of a coffee machine.
Jarisch teaches “an optical detector” (on page 4, an optical sensor); “providing a detection means including a plurality of plural-edged detectable surfaces on the peripheral region of the base element that extend around a perimeter of the peripheral region” (figs.4-5 show the plurality of plural-edged detectable surfaces on the peripheral region of the base element. Fig.2 shows the details of the plurality of plural-edged detectable surfaces). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Levantino with Jarisch, by adding Jarisch’s optical detector and detections means to the Levantino’s capsule and coffee machine, to allow machine to operate based on detected symbols of a capsule (on page 5) as taught by Jarisch.
Schifferle teaches “the pump is activated to supply hot water after the detection means is sensed by the optical detector and compatibility of the portion capsule is determined based upon information obtained using the detection means” (Moreover, there is provided a sensor 28, electrically connected to the control unit 7 by means of a conductor 10a. The sensor 28 serves for detecting and reading a label or marking 27, provided on the cartridge 20 and containing information about the kind and/or content of the cartridge 20. Such a label or marking 27 can consist, for example, of a barcode printed onto the cartridge 20; however, other kinds of markings are possible, for example in electronic form. It is understood that the sensor 28 and the label or marking 27 are matched to each other to enable the sensor 28 to read the label or marking 28 and to forward the information contained therein to the control unit 7. In the case where exclusively cartridges 20 are used that are provided with such a label or marking 28, the selector switch 8 can be omitted since the kind of cartridge 20 is automatically recognized by the sensor 27, and the control unit, consequently, influences certain operating parameters of the coffee maker, e.g. the delivery rate of the pump 2, the adjustment of the throttle valve 4 et cetera. Examiner interprets that the sensor and label are matched to each other or compatible in order to enable reading of the label is considered as determine compatibility. Examiner noted that “hot water’ is a relative term). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Levantino with Schifferle, by adding Schifferle’s control algorithm to Levantino’s control system, to provide automatically operated the coffee maker based on information on the label (para.0019) as taught by Schifferle.
Regarding claim 30, modified Levantino discloses “the base element is symmetrical about the central longitudinal axis” (fig.3 shows the capsule having the base element is symmetrical about the central longitudinal axis (i.e., the dash line)).
Regarding claim 32, modified Levantino discloses the pump is activated to supply hot water after the detection means is read by the optical detector (Schifferle teaches Moreover, there is provided a sensor 28, electrically connected to the control unit 7 by means of a conductor 10a. The sensor 28 serves for detecting and reading a label or marking 27, provided on the cartridge 20 and containing information about the kind and/or content of the cartridge 20. Such a label or marking 27 can consist, for example, of a barcode printed onto the cartridge 20; however, other kinds of markings are possible, for example in electronic form. It is understood that the sensor 28 and the label or marking 27 are matched to each other to enable the sensor 28 to read the label or marking 28 and to forward the information contained therein to the control unit 7. In the case where exclusively cartridges 20 are used that are provided with such a label or marking 28, the selector switch 8 can be omitted since the kind of cartridge 20 is automatically recognized by the sensor 27, and the control unit, consequently, influences certain operating parameters of the coffee maker, e.g. the delivery rate of the pump 2, the adjustment of the throttle valve 4 et cetera. Examiner noted that “hot water’ is a relative term)
Claim 13 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Levantino (WO 2008/142663 A2) in view of Perkovic et al. (US 2002/0088807 A1), Jarisch (WO 2011/141535) and Schifferle (US 2005/0150391) as applied in claims 10-12, 14-15, 25, 30 and 32-34 above, and further in view of Macchi et al. (US 7,490,542).
Regarding claim 13, modified Levantino discloses all the features of claim limitation as set forth above except for the foil cover is made of a different material than the base element.
Macchi et al. teaches “the foil cover is made of a different material than the base element” (Col.1 at lines 23-25, i.e., The hard cartridges, having a substantially cylindrical or frustoconical shape, comprise two half-shells of hard plastic material. Col.4 at lines 64-65, i.e., the lid 6 can be made by means of one or more layers of filter paper). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Levantino with Macchi et al., by modifying Levantino’s capsule and lid material according to Macchi et al.’s capsule and lid materials, to provide low cost and versatility, making coffee capsule light weight.
Claims 16-18 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Levantino (WO 2008/142663 A2) in view of Perkovic et al. (US 2002/0088807 A1), Jarisch (WO 2011/141535) and Schifferle (US 2005/0150391) as applied in claims 10-12, 14-15, 25, 30 and 32-34 above, and further in view of Rubino (EP 1849718 A1).
Regarding claim 16, modified Levantino discloses all the features of claim limitation as set froth above except for the forming step includes forming a plurality of indentations in the material so that the plurality of indentations result on an outside surface of the wall.
Rubino teaches “the forming step includes forming a plurality of indentations in the material so that the plurality of indentations result on an outside surface of the wall” (fig.8 shows the plurality of indentations 52 on an outside surface of the wall of capsule and [0018], i.e., ribs 52). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Levantino with Rubino, by modifying Levantino’s capsule surface according to Rubino’s capsule housing having grooves and notches, to provide optimal conveyance, prevent stagnation, and allow accurately control for extraction process (0019) as taught by Rubino.
Regarding claim 17, modified Levantino discloses “the plurality of indentations have a curved top end and a curved bottom end, the curved top end being spaced below the opposing bottom side of the peripheral region” (Levantino, fig.3 shows the plurality of indentations have a curved top end and a curved bottom end at sidewall, the curved top end being spaced below the opposing bottom side of the peripheral region (i.e., the peripheral region is the flange portion)).
Regarding claim 18, modified Levantino discloses “the plurality of indentations are vertically aligned relative to the central longitudinal axis” (Levantino, fig.3 shows the plurality of indentations are vertically aligned relative to the central longitudinal axis).
Claims 19 and 22 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Levantino (WO 2008/142663 A2) in view of Perkovic et al. (US 2002/0088807 A1), Jarisch (WO 2011/141535) and Schifferle (US 2005/0150391) as applied in claims 10-12, 14-15, 25, 30 and 32-34 above, and further in view of Suggi Liverani et al. (US 7,681,492).
Regarding claim 19, modified Levantino discloses all the features of claim limitation as set forth above except for the wall structure has an electrically conductive section.
Suggi Liverani et al. teaches “the wall structure has an electrically conductive section” (col.1 at lines 55-59, i.e., capsule, generally having a frustum shape, are made of … aluminum). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Levantino with Suggi Liverani et al., by modifying the material of Levantino’s capsule according to Suggi Liverani et al.’s capsule material, to provide sturdy housing.
Regarding claim 22, modified Levantino discloses “the forming step includes forming the wall structure of the base element to have a tapered geometry” (Suggi Liverani et al., col.1 at lines 55-59, i.e., capsule, generally having a frustum shape. Examiner noted that a frustum shape having a tapered geometry).
Claim 31 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Levantino (WO 2008/142663 A2) in view of Perkovic et al. (US 2002/0088807 A1), Jarisch (WO 2011/141535) and Schifferle (US 2005/0150391) as applied in claims 10-12, 14-15, 25, 30 and 32-34 above, and further in view of Yoakim et al. (US 2010/0239734).
Regarding claim 31, modified Levantino discloses all the features of claim limitation as set forth above except for the portion capsule includes a barrier layer to prevent moisture and/or aroma from escaping the portion capsule.
Yoakim et al. teaches “the portion capsule includes a barrier layer to prevent moisture and/or aroma from escaping the portion capsule” ([0456], fig.43 … The central portion 1880 may have openings or may be free of openings. In this embodiment, no liquid is allowed to go between the outer foil 186 and the inner portion of wall 1880 since both are sealed together). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Levantino with Yoakim et al., by adding Yoakim et al.’s barrier layer to Levantino, to provide secure gastight foil seal to previous material from oxidation (para.0456) as taught by Yoakim et al.
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Allowable Subject Matter
Claims 21, 27-29 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 06/20/2025 have been fully considered but they are not persuasive.
Examiner discover new reference with respect to “spaced apart walls and the bridge wall for contacting the seal” in beverage area.
The remarks filed on 06/20/2025 have been considered. The claim objection and drawing objection have been withdrawn.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIMMY CHOU whose telephone number is (571)270-7107. The examiner can normally be reached Mon-Friday.
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/JIMMY CHOU/Primary Examiner, Art Unit 3761