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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-11 and 13-19) in the reply filed on 12/22/2025 is acknowledged.
Claim 12 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/22/2025.
Claim Interpretation
The term “cam” as it appears in dependent claims 2-8 is understood to refer to “any of various similar devices having a rotating part of variable radius that interacts with another part to exert a variable force or resistance” (www.thefreedictionary.com/cam, viewed on 01/20/2026). This definition appears consistent with how the term is use throughout the specification. Specifically, paragraph 0029 describes the cam having a cylindrical or polygonal shape and a aperture that allows for the fitting of the tube of the second portion therein. Paragraph 0030 details that the cam can be rotated which allows for an increase or decrease in pressure exerted by the cam onto the vessel.
Claim Objections
Applicant is advised that should claim 10 be found allowable, claim 11 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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.
Claims 10-11, and 13-19 are 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.
Claims 10-11 are identical and recite a 90 degree bend “from the first axis.” The limitation of “the first axis” renders the claims indefinite as such phrase lacks proper antecedent basis and it is unclear what axis is being referenced. The Examiner notes that dependent claim 9 recites “a first axis.” It is unclear if the intention if for “the first axis” of claims 10 and 11 to refer to that axis. If so, the dependency of claims 10 and 11 should be corrected. If not, then it remains unclear what axis is intended to be the first axis. The Examiner notes that amending the claim language to recite “from a first axis” would also address the lack of antecedence.
Claim 13 is directed to a vortex apparatus for a brewing vessel comprising, in relevant part, “a cam having an aperture to allow for a user to rotate the cam around the vortex apparatus and to provide a compressive force between the vessel wall and the vortex apparatus.” As the preamble is directed to the vortex apparatus, and the vortex apparatus includes the cam, it is not clear what is meant, or in what way, the cam is rotated around the vortex apparatus. It seems, as best understood, that the cam is rotated around a specific part of the vortex apparatus and not the vortex apparatus itself. If so, then it is not clear what this part is. As such, the cooperative relationship between the cam and the vortex apparatus in order for the function to be achieved is unclear.
Claims 14-19 are similarly rejected for inheriting the above deficiency based on their respective dependency from claim 13.
Additionally, claim 16 recites “wherein the cam is rotatable the vortex apparatus…” which creates confusion as there appears to be a missing link between “the cam is rotatable” and “the vortex apparatus” such that it is not clear what is being claimed.
Additionally, claim 19 recites that the cam “further includes an aperture.” However, claim 13 recites the cam having an aperture. As such, it is unclear if the aperture of claim 19 is intended to refer to that of claim 13 or if the intention is for the aperture of claim 19 to refer to an additional aperture.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 and 9-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith (US2015/0343333).
Regarding claim 1, Smith teaches a removably couplable vortex apparatus (Title; Figs. 2-4 and 5b and para. 0122, vortex apparatus 50) for a brewing vessel comprising:
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Fig. 5b of Smith (annotated)
a first arm portion (annotated above) having a first end (end terminating at the curved portion and including section 59) and a second end (end including the outlet annotated above), wherein the second end include an outlet portion, wherein the first arm portion is positioned within an interior of the vessel (20);
a second arm portion (annotated above) having a first end (end terminating at the wall 24 coupled to the curved portion) and a second end (end outside of the second arm portion in which the fluid enters), wherein the second end includes an inlet portion, wherein the second arm portion is positioned on an exterior of the vessel (20); and
a curved portion (annotated above), having a first end (end coupled to the second arm portion) and a second end (end coupled to the first arm portion), wherein the first arm portion extends a first predetermined distance from the first end of the curved portion and the second arm portion extends a second predetermined distance from the second end of the curved portion (as shown above in Fig. 5b).
Regarding claim 9, Smith teaches the claimed invention, as applied in claim 1, and further teaches, wherein the first arm portion extends along a first axis (horizontal axis).
Regarding claim 10, Smith teaches the claimed invention, as applied in claim 1, and further teaches, wherein the outlet portion includes a 90 degree bend (bend portion annotated in Fig. 5b, above) from the first axis (taken as a horizontal axis) and is configured to direct any fluid flowing out the outlet (see swirl 70).
Regarding claim 11, Smith teaches the claimed invention, as applied in claim 1, and further teaches, wherein the outlet portion includes a 90 degree bend (bend portion annotated in Fig. 5b, above) from the first axis (taken as a horizontal axis) and is configured to direct any fluid flowing out the outlet (see swirl 70).
Allowable Subject Matter
Claims 2-8 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.
Smith, as detailed above, is the closest prior art to the claimed invention. Smith teaches the claimed invention except for “a cam including a cam body and one or more sides, wherein the cam is configured to provide a friction force against a wall of the vessel.”
WO2007/010310 to Spratley is concerned with mounting a pipe to the sidewall of a vessel (Fig. 3-4) and teaches using elastomeric gripping members (17) that are provided on opposed faces of a curved portion (14) of the pipe in order to securely grip to the sidewall of the vessel.
The structure described in Spratley is not a cam having a body and one or more sides where the cam is configured to provide a friction force against a wall of the vessel. As detailed above, the term “cam” is understood, in light of the specification, to mean “any of various similar devices having a rotating part of variable radius that interacts with another part to exert a variable force or resistance.”
Based on the above, the prior art of record fails to teach, suggest, or otherwise disclose the combination of features required by claim 2 including ““a cam including a cam body and one or more sides, wherein the cam is configured to provide a friction force against a wall of the vessel.”
Claims 3-8 are dependent on claim 2 and, as such, are similarly objected.
Claims 13-19 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
As detailed above, Smith is the closest prior art to the claimed invention. Smith teaches the claimed invention except for “a cam a cam having an aperture to allow for a user to rotate the cam around the vortex apparatus and to provide a compressive force between the vessel wall and the vortex apparatus..”
WO2007/010310 to Spratley is concerned with mounting a pipe to the sidewall of a vessel (Fig. 3-4) and teaches using elastomeric gripping members (17) that are provided on opposed faces of a curved portion (14) of the pipe in order to securely grip to the sidewall of the vessel.
The structure described in Spratley is not a cam having an aperture to allow for a user to rotate the cam around the vortex apparatus and to provide a compressive force between the vessel wall and the vortex apparatus. As detailed above, the term “cam” is understood, in light of the specification, to mean “any of various similar devices having a rotating part of variable radius that interacts with another part to exert a variable force or resistance.”
Based on the above, the prior art of record fails to teach, suggest, or otherwise disclose the combination of features required by claim 13 including “a cam having an aperture to allow for a user to rotate the cam around the vortex apparatus and to provide a compressive force between the vessel wall and the vortex apparatus.”
Claims 14-19, being dependent on claim 13, would also be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN C DODSON whose telephone number is (571)270-0529. The examiner can normally be reached Mon.-Fri. 1:00-9:00 PM (ET).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached at (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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/JUSTIN C DODSON/Primary Examiner, Art Unit 3761