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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “supplying means” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. The specification specifically states the “supplying means” is not illustrated.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 21-38 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 21 and 34 recite, a first part and a second part. These elements do not contain any structure as “part” does not imply any structure. Limitations from the specification are not to be read into the claims. Element numbers do not impart any limitations on the claimed elements.
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.
“supplying means” in claims 21 and 34
The generic placeholder is “means” and the functional language attributed the “means” includes: “for supplying hot water inside the capsule.”
Structure “read into” the claims from the specification to support the claimed functional language includes “a water tank, a pump, a boiler (which are not illustrated) and a feeding duct 21, which extends from the tank to the infusion chamber 3 through the pump and the boiler” (Paragraph [0075])
“means” in claim 21 and 34
The generic placeholder is “means” and the functional language attributed the “means” includes: “for causing outflow.”
Structure “read into” the claims from the specification to support the claimed functional language includes “a second piercing unit” (Paragraph [0078])
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 21-30, 34-38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rolla (US 2019/0142212) in view of Empl et al (US 2016/0242594).
Regarding claim 21, Rolla discloses, A system for making beverages comprising a brewing unit (beverage machine, claim 1) and a capsule (100) containing a powdered food substance (capsule would contain powdered substance, See Paragraph [0016]), the capsule (100) comprising an outer casing (110), in which an infeed wall (130) and an outfeed wall (Fig 1 shows capsule having an inner and outer wall, Fig 3D) are identifiable, and a recognition element (recognition substance located inside has a ring shape, See Paragraph [0085]) placed inside the outer casing (110),
wherein the brewing unit (beverage machine, claim 1) comprises a first part and a second part (, which are switchable between a home configuration, in which they are at a distance from each other, and a brewing configuration, in which they are coupled and between them delimit an infusion chamber wherein the capsule is configured to be inserted in the infusion chamber wherein the brewing unit (beverage machine, claim 1 would comprise a first and second parts for opening and closing an infusion chamber and configured to have the capsule 100, however this is not explicitly disclosed) comprises:
a first piercing unit (255) configured to pierce the infeed wall (130) of the capsule (100) inserted in the infusion chamber (infusion chamber is the interior of the capsule), supplying means for supplying hot water inside the capsule inserted in the infusion chamber (reading the substance located within the capsule 100 implements even the perforation of the capsule, regardless of the perforator, not shown and located in another desired point, arranged to introduce pressurized hot water in the production process for the hot beverage, See Paragraph [0083], Claim 3)) through the infeed wall and means for causing the outflow from inside the capsule inserted in the infusion chamber through the outfeed wall, of a beverage which has formed following interaction of the hot water with the powdered food substance. (The device would contain a means for causing the outflow as this is how a beverage device of this manner would operate. The capsule is pierced and infused from the top and a second piercing unit creates an outflow to allow the infused liquid to exit. This would seem to be inherent, however, it is not specifically disclosed)
a lighting device (251, 220, 210, See Paragraphs [0089] [0090]) associated with the first piercing unit (255, See Figs 3 and 4) and configured to light the recognition element with an incident light radiation having a known band of wavelengths, and a detecting device associated with the first piercing unit and configured to detect a return light radiation which is emitted and/or reflected by the recognition element following the lighting with the incident light radiation (a light signal, visible and UV, is emitted and a feedback signal is reflected back to a detecting unit, or optical reader 220. See Paragraphs [0074]-[0076]);
an electronic control unit (control unit, See Paragraph [0079]), connected to the detecting device for receiving from it real data relating to characteristics of the return light radiation, the electronic control unit being programmed to execute a comparing step, in which the real data are compared with saved reference data, and a managing step, in which it manages operation of the brewing unit in a different way if the comparing step indicates that the real data match reference data, compared with if the comparing step indicates that the real data do not match the reference data; wherein, moreover: (Fig 1 shows a flow chart for receiving data, comparing the received data and indicating if the received data matches with reference data for proceeding with the operation of the machine. See Paragraph [0045], )
the detecting device has an acquiring surface for acquiring the return light radiation which is fixed to the first piercing unit (the optical reader 220 has a surface for acquiring return light.);
the first piercing unit has a distal portion configured to pierce the infeed wall of the capsule and which, in the brewing configuration, projects inside the infusion chamber more than the light radiation acquiring surface (Figs 3A-3D show the piercing unit configured to pierce the infeed wall 130 of the capsule and project into the chamber more than the acquiring surface of 220.) characterized in that the capsule is configured in such a way that, when the capsule is inserted in the infusion chamber alternatively the distal portion of the first piercing unit is resting on the recognition element and the light radiation acquiring surface is at a distance from the recognition element or the distal portion of the first piercing unit is partly inserted in the recognition element and the light radiation acquiring surface is at a distance from the recognition element or resting on the recognition element. (As this portion of the claim is written in the alternative, one of them must occur in Rolla, the piercing unit is inserted and would either make contact with the recognition ring or read from a distance.)
The device in Rolla would contain all the elements claimed. However, Rolla fails to specifically disclose, a first part and a second part , which are switchable between a home configuration, in which they are at a distance from each other, and a brewing configuration, in which they are coupled and between them delimit an infusion chamber wherein the capsule is configured to be inserted in the infusion chamber wherein the brewing unit; through the infeed wall and means for causing the outflow from inside the capsule inserted in the infusion chamber through the outfeed wall, of a beverage which has formed following interaction of the hot water with the powdered food substance.
Empl discloses a brewing unit with a capsule having an identification reader, Figs 1a-1c show a first and second part movable between a brewing configuration and a home configuration. The capsule 60 is shown as being inserted in the infusion chamber 1. Water is inflowed through water supply channel 32 and has a second piercing unit 19 for causing an outflow through the outfeed wall, or the bottom of the capsule . (See Paragraph [0054]) Empl also discloses The brewing device 5 also has a comparison unit, which then compares the GS1 code with a list of prestored GS1 codes in order to determine the type of the portion capsule 2. If the GS1 code is identical to a GS1 code in the list, the extraction operation is started or maintained and, by supplying brewing liquid, a beverage is brewed with prescribed brewing parameters from the raw beverage material located in the portion capsule 2. (See Paragraph [0071])
It would have been obvious to one having ordinary skill in the art, at the time of the invention, to adapt Rolla in view of Empl to provide a first part and a second part , which are switchable between a home configuration, in which they are at a distance from each other, and a brewing configuration, in which they are coupled and between them delimit an infusion chamber wherein the capsule is configured to be inserted in the infusion chamber wherein the brewing unit, for securing the capsule in the brewing chamber; means for causing the outflow from inside the capsule inserted in the infusion chamber through the outfeed wall, of a beverage which has formed following interaction of the hot water with the powdered food substance for infusing the substance in the capsule and allowing the infused liquid to exit the capsule and receive it in a cup.
Rolla discloses, regarding claim 22, Fig 3D shows the recognition substance located inside and having a ring shape being movable. (See Paragraph [0085]). Regarding claims 23-24, Figs 3C shows a light transmitting element via optical cord, a sensor for receiving the light back as discussed in claim 21, with the optical reader 220 has a surface for acquiring return light. These elements are shown as being at a second end and outside the infusion chamber.
Rolla fails to disclose, regarding claim 25, the distal portion of the piercing unit is off center. Empl discloses a piercing unit 12 which is off center of the axis of the detecting device 3. (See Figs 1d and 1e.) It would have been obvious to adapt Rolla in view of Empl to provide the off-center distal portion to allow more space for the detecting device.
Rolla discloses, regarding claim 26: annotated Fig 3c shows the water supply comprising an intake duct made in the piercing unit. Regarding claims 27 and 28, Fig 3c shows the outlet being radial and extends relatively parallel to the light transmitting element 251.
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Regarding claims 29-30, Figs 3a-3c show holes at 120 located in the capsule which would function as a distribution unit between the wall 130 and substance.
Regarding claim 34, Rolla discloses, A system for making beverages comprising a brewing unit (beverage machine, claim 1) and a capsule (100) containing a powdered food substance (capsule would contain powdered substance, See Paragraph [0016]), the capsule (100) comprising an outer casing (110), in which an infeed wall (130) and an outfeed wall (Fig 1 shows capsule having an inner and outer wall, Fig 3D) are identifiable, and a recognition element (recognition substance located inside has a ring shape, See Paragraph [0085]) placed inside the outer casing (110),
wherein the brewing unit (beverage machine, claim 1) comprises a first part and a second part (, which are switchable between a home configuration, in which they are at a distance from each other, and a brewing configuration, in which they are coupled and between them delimit an infusion chamber wherein the capsule is configured to be inserted in the infusion chamber wherein the brewing unit (beverage machine, claim 1 would comprise a first and second parts for opening and closing an infusion chamber and configured to have the capsule 100, however this is not explicitly disclosed) comprises:
a first piercing unit (255) configured to pierce the infeed wall (130) of the capsule (100) inserted in the infusion chamber (infusion chamber is the interior of the capsule), supplying means for supplying hot water inside the capsule inserted in the infusion chamber (reading the substance located within the capsule 100 implements even the perforation of the capsule, regardless of the perforator, not shown and located in another desired point, arranged to introduce pressurized hot water in the production process for the hot beverage, See Paragraph [0083], Claim 3)) through the infeed wall and means for causing the outflow from inside the capsule inserted in the infusion chamber through the outfeed wall, of a beverage which has formed following interaction of the hot water with the powdered food substance. (The device would contain a means for causing the outflow as this is how a beverage device of this manner would operate. The capsule is pierced and infused from the top and a second piercing unit creates an outflow to allow the infused liquid to exit. This would seem to be inherent, however, it is not specifically disclosed)
a lighting device (251, 220, 210, See Paragraphs [0089] [0090]) associated with the first piercing unit (255, See Figs 3 and 4) and configured to light the recognition element with an incident light radiation having a known band of wavelengths, and a detecting device associated with the first piercing unit and configured to detect a return light radiation which is emitted and/or reflected by the recognition element following the lighting with the incident light radiation (a light signal, visible and UV, is emitted and a feedback signal is reflected back to a detecting unit, or optical reader 220. See Paragraphs [0074]-[0076]);
an electronic control unit (control unit, See Paragraph [0079]), connected to the detecting device for receiving from it real data relating to characteristics of the return light radiation, the electronic control unit being programmed to execute a comparing step, in which the real data are compared with saved reference data, and a managing step, in which it manages operation of the brewing unit in a different way if the comparing step indicates that the real data match reference data, compared with if the comparing step indicates that the real data do not match the reference data; wherein, moreover: (Fig 1 shows a flow chart for receiving data, comparing the received data and indicating if the received data matches with reference data for proceeding with the operation of the machine. See Paragraph [0045], )
the detecting device has an acquiring surface for acquiring the return light radiation which is fixed to the first piercing unit (the optical reader 220 has a surface for acquiring return light.);
the first piercing unit has a distal portion configured to pierce the infeed wall of the capsule and which, in the brewing configuration, projects inside the infusion chamber more than the light radiation acquiring surface (Figs 3A-3D show the piercing unit configured to pierce the infeed wall 130 of the capsule and project into the chamber more than the acquiring surface of 220.) characterized in that the capsule is configured in such a way that, when the capsule is inserted in the infusion chamber alternatively the distal portion of the first piercing unit is resting on the recognition element and the light radiation acquiring surface is at a distance from the recognition element or the distal portion of the first piercing unit is partly inserted in the recognition element and the light radiation acquiring surface is at a distance from the recognition element or resting on the recognition element. (As this portion of the claim is written in the alternative, one of them must occur in Rolla, the piercing unit is inserted and would either make contact with the recognition ring or read from a distance, Annotated Fig 3c shows the water supply comprising an intake duct made in the piercing unit. Fig 3c shows the outlet being radial and extends relatively parallel to the light transmitting element 251.)
The device in Rolla would contain all the elements claimed. However, Rolla fails to specifically disclose, a first part and a second part , which are switchable between a home configuration, in which they are at a distance from each other, and a brewing configuration, in which they are coupled and between them delimit an infusion chamber wherein the capsule is configured to be inserted in the infusion chamber wherein the brewing unit; through the infeed wall and means for causing the outflow from inside the capsule inserted in the infusion chamber through the outfeed wall, of a beverage which has formed following interaction of the hot water with the powdered food substance.
Empl discloses a brewing unit with a capsule having an identification reader, Figs 1a-1c show a first and second part movable between a brewing configuration and a home configuration. The capsule 60 is shown as being inserted in the infusion chamber 1. Water is inflowed through water supply channel 32 and has a second piercing unit 19 for causing an outflow through the outfeed wall, or the bottom of the capsule . (See Paragraph [0054]) Empl also discloses The brewing device 5 also has a comparison unit, which then compares the GS1 code with a list of prestored GS1 codes in order to determine the type of the portion capsule 2. If the GS1 code is identical to a GS1 code in the list, the extraction operation is started or maintained and, by supplying brewing liquid, a beverage is brewed with prescribed brewing parameters from the raw beverage material located in the portion capsule 2. (See Paragraph [0071])
It would have been obvious to one having ordinary skill in the art, at the time of the invention, to adapt Rolla in view of Empl to provide a first part and a second part , which are switchable between a home configuration, in which they are at a distance from each other, and a brewing configuration, in which they are coupled and between them delimit an infusion chamber wherein the capsule is configured to be inserted in the infusion chamber wherein the brewing unit, for securing the capsule in the brewing chamber; means for causing the outflow from inside the capsule inserted in the infusion chamber through the outfeed wall, of a beverage which has formed following interaction of the hot water with the powdered food substance for infusing the substance in the capsule and allowing the infused liquid to exit the capsule and receive it in a cup.
Regarding claims 35-36, Figs 3C shows a light transmitting element via optical cord, a sensor for receiving the light back as discussed in claim 21, with the optical reader 220 has a surface for acquiring return light. These elements are shown as being at a second end and outside the infusion chamber. Rolla fails to disclose, regarding claim 37, the distal portion of the piercing unit is off center. Empl discloses a piercing unit 12 which is off center of the axis of the detecting device 3. (See Figs 1d and 1e.) It would have been obvious to adapt Rolla in view of Empl to provide the off-center distal portion to allow more space for the detecting device. Rolla discloses, regarding claim 38: annotated Fig 3c shows the water supply comprising an intake duct made in the piercing unit. Fig 3c shows the outlet being radial and extends relatively parallel to the light transmitting element 251.
Allowable Subject Matter
Claims 31-33 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN W JENNISON whose telephone number is (571)270-5930. The examiner can normally be reached M-Th 9-5.
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/BRIAN W JENNISON/Primary Examiner, Art Unit 3761 1/30/2026