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 .
Response for Election/Restrictions
Applicant's election without traverse of Group III (claims 16-20 and newly claims 21-35) in the reply filed on 12/05/2025 is acknowledged. Non-elected Group I (claims 1-7) and Group II (claims 8-15) are withdrawn from consideration. The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/22/2025, 05/25/2023, and 12/12/2022. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 16-35 are objected to because of the following informalities:
In claim 16: the term “…can…” as cited in line 12, should be changed to --is configured to--
Appropriate correction is required.
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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 16-35 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 13-25 of U.S. Patent No. 11812892.
Although the claims at issue are not identical, they are not patentably distinct from each other.
Present application 17964140
U.S. Patent No. 11812892
16. A beverage brewing apparatus, comprising: a primary housing having a mounting arm with a connecting feature thereon; and a fluid texturing device comprising a hollow secondary housing having a mating portion configured to removably engage with the connecting feature on the primary housing for removably mating the fluid texturing device to the primary housing, a driveshaft having a first end and a second end opposite the first end, the driveshaft extending from the mating portion and through the hollow secondary body and having a whisk mounted on an end thereof, the driveshaft including an air path extending from the first end to the second end of the driveshaft; and a coupling arranged within the driveshaft and axially movable within the driveshaft such that the coupling can variably block the air path to prevent a flow of air through the air path.
17. The beverage brewing apparatus of claim 16, further comprising a steam injection tube extending from the mating portion and through the hollow secondary body and having an outlet configured to eject steam, wherein the steam injection tube is spaced apart from the driveshaft such that the outlet is spaced from the whisk.
18. The beverage brewing apparatus of claim 16, wherein a first electrical terminal on the connecting feature of the primary housing is configured to contact a second electrical terminal on the mating portion of the hollow secondary housing.
19. The beverage brewing apparatus of claim 16, wherein the primary housing has a fluid reservoir, a fluid outlet, and at least one heater configured to heat fluid flowing from the fluid reservoir to the fluid outlet.
20. The beverage brewing apparatus of claim 16, wherein a controller is configured to detect attachment of the removable fluid texturing device to the primary housing.
21. The beverage brewing apparatus of claim 16, wherein the coupling includes at least one post movably arranged within a slot in the driveshaft such that rotation of the driveshaft in a first rotational direction moves the coupling in a first axial direction relative to the driveshaft, and rotation of the driveshaft in a second rotational direction moves the coupling in a second axial direction relative to the driveshaft.
22. The beverage brewing apparatus of claim 21, wherein the slot is positioned at a first end of the drive shaft and comprises an angular or spiral shape extending around at least a portion of a circumference of the driveshaft.
23. The beverage brewing apparatus of claim 16, wherein a first end of the primary housing has at least one connecting feature configured to removably couple the primary housing to a beverage brewing apparatus.
24. The beverage brewing apparatus of claim 16, wherein the whisk is removably coupled to the second end of the driveshaft.
25. The beverage brewing apparatus of claim 16, wherein the whisk includes a second air path fluidly coupled to the air path of the driveshaft, and at least one mixing arm arranged perpendicular to the driveshaft, the mixing arm including the second air path and an air outlet arranged at a distal end of the mixing arm.
26. The beverage brewing apparatus of claim 16, further comprising a steam injection tube extending through the housing and having a first end coupled to a first end of the hollow secondary housing and configured to couple to a steam source, and a second end adjacent to a second end of the hollow secondary housing and having an outlet for ejecting steam therefrom, the steam injection tube being spaced from the driveshaft such that the outlet is spaced from the whisk.
27. The beverage brewing apparatus of claim 26, wherein the steam injection tube passes through an aperture within a whisk cover positioned around the whisk.
28. The beverage brewing apparatus of claim 26, wherein the outlet of the steam injection tube is positioned vertically above the whisk.
29. The beverage brewing apparatus of claim 27, wherein the whisk cover comprises a plurality of tabs positioned circumferentially therearound and a plurality of apertures therein, the whisk cover having a frustoconical shape and including the whisk positioned therein.
30. The beverage brewing apparatus of claim 27, further comprising a temperature sensor extending through at least one first aperture of the whisk cover and positioned radially from the whisk.
31. The beverage brewing apparatus of claim 27, wherein at least one second aperture of the whisk cover is positioned superior to the whisk relative to a longitudinal axis extending through the driveshaft, the at least one second aperture configured to allow air to contact the whisk.
32. The beverage brewing apparatus of claim 27, wherein the whisk cover includes a first plurality of magnets configured to releasably couple the whisk cover with a second plurality of magnets positioned in the second end of the housing.
33. The beverage brewing apparatus of claim 16, wherein the mounting arm comprises at least one air inlet fluidically coupled with coupling via the air path extending from the first end to the second end of the driveshaft.
34. The beverage brewing apparatus of claim 20, further comprising a user interface operably coupled to the controller, the user interface configured to receive an input corresponding to a fluid texturing process parameter associated with a revolution per minute setting of the whisk and a rotational direction of the whisk.
35. The beverage brewing apparatus of claim 34, wherein the fluid texturing process parameter further defines a target temperature of a fluid textured via the fluid texturing device, the target temperature being adjustable via the user interface.
13. A beverage brewing apparatus, comprising: a primary housing, the primary housing having a mounting arm with a connecting feature thereon; and a removable fluid texturing device comprising a hollow secondary housing extending in a first direction between a first end and a second end, the hollow secondary housing having a mating portion configured to removably engage with the connecting feature on the primary housing for removably mating the fluid texturing device to the primary housing, a driveshaft extending from the mating portion and through the hollow secondary body along the first direction, the driveshaft having a whisk mounted on the second end thereof, the whisk positioned vertically below the driveshaft and vertically below the hollow secondary housing, and a steam injection tube extending from the mating portion and through the hollow secondary body along the first direction, the steam injection tube having an outlet configured for ejecting steam therefrom, the steam injection tube spaced from the driveshaft along a second direction, the second direction being perpendicular to the first direction.
14. The beverage brewing apparatus of claim 13, wherein a temperature sensor is positioned within the hollow secondary housing adjacent the whisk and is configured to output a temperature signal representing a temperature of a fluid surrounding the temperature sensor.
15. The beverage brewing apparatus of claim 13, wherein the steam injection tube is spaced apart from the driveshaft such that the outlet is spaced from the whisk.
16. The beverage brewing apparatus of claim 13, wherein a first electrical terminal on the connecting feature of the primary housing is configured to contact a second electrical terminal on the mating portion of the hollow secondary housing.
17. The beverage brewing apparatus of claim 13, wherein the driveshaft is mechanically coupled to a motor arranged within the primary housing through the mating connection between the connecting feature and the mating portion.
18. The beverage brewing apparatus of claim 13, wherein the primary housing includes a controller having a processor configured to control delivering of steam from a steam source to the steam injection tube, and configured to control a motor in the primary housing for driving the driveshaft on the fluid texturing device to thereby rotate the whisk.
19. The beverage brewing apparatus of claim 18, wherein the controller is configured to receive a temperature signal from a temperature sensor disposed within the fluid texturing device, and wherein when the temperature of the fluid is within a first temperature range the controller is configured to cause the motor to operate at a first predetermined speed, and when the temperature of the fluid is within a second temperature range greater than the first temperature range the controller is configured to cause the motor to operate at a second predetermined motor speed that is less than the first predetermined motor speed.
20. The beverage brewing apparatus of claim 19, wherein the first predetermined motor speed is configured to create a first vortex within the fluid such that steam emitted from the outlet of the steam injection tube and air surrounding a volume of the fluid is mixed prior to integration of the steam and air with the fluid.
21. The beverage brewing apparatus of claim 19, wherein the second predetermined motor speed is configured to create a vortex within the fluid such that steam emitted from the outlet of the steam injection, and not air surrounding a volume of the fluid, is mixed with the fluid.
22. The beverage brewing apparatus of claim 19, wherein the controller is configured to receive a user input, and wherein a working time over which the second predetermined motor speed is employed is varied based upon the user input.
23. The beverage brewing apparatus of claim 13, wherein the mounting arm is movably coupled to the primary housing.
24. The beverage brewing apparatus of claim 18, wherein the controller is configured to detect attachment of the removable fluid texturing device to the primary housing.
25. The beverage brewing apparatus of claim 13, wherein the primary housing has a fluid reservoir, a fluid outlet, and at least one heater configured to heat fluid flowing from the fluid reservoir to the fluid outlet.
Allowable Subject Matter
Allowance of claims 16-35 is indicated if: The Terminal Disclaimer is filed that overcome the Double Patenting rejection above; and
The following is a statement of reasons for allowance: The prior art of record does not anticipate or render fairly obvious in combination to teach the limitations as cited in the claim such as a hollow secondary housing having a mating portion configured to removably engage with the connecting feature on the primary housing for removably mating the fluid texturing device to the primary housing,… a coupling arranged within the driveshaft and axially movable within the driveshaft such that the coupling can variably block the air path to prevent a flow of air through the air path….
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONG T NGUYEN whose telephone number is (571)270-1834. The examiner can normally be reached 9.00am-5.00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached on 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHUONG T NGUYEN/Primary Examiner, Art Unit 3761
12/29/2025