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 Rejections - 35 USC § 102
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 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) 10-11 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by How to Grow a Coffee Plant from Roasted Beans.
Claim 10 is directed toward roasted coffee beans that’s been washed and dried.
How to Grow a Coffee Plant from Roasted Beans teaches soaking roasted beans in water and removing the water. The soaking step of How to Grow a Coffee Plant from Roasted Beans is the claimed wash. The removing the water step of How to Grow a Coffee Plant from Roasted Beans is the claimed drying step.
In the instant case, How to Grow a Coffee Plant from Roasted Beans teaches the claimed roasted coffee beans that’s been washed and dried. Therefore, the claimed invention is anticipated by How to Grow a Coffee Plant from Roasted Beans.
Re claim 11 is directed toward a drinkable composition made from either roasted coffee that’s been washed and dried, or the wash solution that the roasted coffee bean was washed in.
In the instant case, How to Grow a Coffee Plant from Roasted Beans teaches roasted coffee beans that’s been washed and dried. How to Grow a Coffee Plant does not explicitly teach using the washed and dried roasted coffee or the wash solution as a drinkable composition. However, given that How to Grow a Coffee Plant teaches the use of water for the wash, How to Grow a Coffee Plant implicit teaches a drinkable composition.
Conclusion
Amended claims 1-9 and 12-14 are allowable for reason(s) set forth in the nonfinal. Newly added claim 15 is also allowable for reciting dependency to allowable claim and of the same statutory class of invention as allowable claim.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Emily M Le whose telephone number is (571)272-0903. The examiner can normally be reached M-F, 8 am-4:30pm.
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/EMILY M LE/ Supervisory Patent Examiner, Art Unit 1793
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