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 of Group I (claims 1-12) in the reply filed on 01/02/2026 is acknowledged. Non-elected Group II (claims 13-15) is withdrawn from consideration. Since the applicant did not point out errors of restriction; therefore, the restriction will be treated as without traverse.
The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/12/2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. In this case, the present title is too long. See MPEP 606.01. Correction is required.
The following tittle is suggested: --Beverage preparation machine--
Claim Objections
Claims 1-12 are objected to because of the following informalities:
In claim 1: the limitation “Beverage preparation device” as cited in line 1, should be changed to --A beverage preparation device--; and
In claims 2-12: the limitation “Beverage preparation device” as cited in line 1, should be changed to --The beverage preparation device--;
In claims 3 and 10: the words “preferably” should be removed;
In claims 2-3: the words “if any” should be removed; and
In claim 7: the limitation “the gas outlet” should be changed to --a gas outlet--
Appropriate correction is required.
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.
Claims 1-12 are rejected under 35 U.S.C. 102(a1) as being anticipated by Jarisch et al. (US 2015013596 A1).
Regarding claim 1, Jarisch discloses
A beverage preparation machine (beverage preparation machine, tittle, and fig.1) comprising:
a beverage preparation device (capsule positioner 40, fig.1) having a holding section (seat of capsule positioner 40, Par.0044) configured for detachably holding a beverage component holder (capsule 5, fig.1) [Par.0044 cited: “…capsule positioner 40 having a seat adapted to store at least one first capsule out of the brewing chamber …”], the beverage component holder comprising:
a cavity (cavity of brewing unit 2, fig.1) for receiving a beverage component suitable for interacting with a liquid so as to prepare a beverage, and
a transponder (storage 56, fig.2) configured to store data related to the beverage component received in the cavity (brewing unit 2) [Par.0040 cited: “…storage 56 provided with a memory adapted to be readable and writable…”],
a liquid delivery device (water circuit 9, fig.1) for delivering a liquid via a liquid inlet (inlet of water circuit 9) into the cavity when the beverage preparation device is holding the beverage component holder (capsule 5),
a liquid discharge device (delivery assembly 24, fig.3b) for discharging the delivered liquid via a discharge outlet (beverage outlet 29, fig.3b) out of the cavity (cavity of brewing unit 2) to a dispensing outlet (dispenser, fig.1), and
a control unit (control unit 11, fig.1) configured to control a liquid flow from the liquid delivery device via the cavity (cavity of brewing unit 2) to the liquid discharge device (delivery assembly 24) based on the data stored in the transponder (storage 56) [Par.0040 cited: “…storage 56 comprises a capsule communication interface adapted to allow a programming arrangement to access the memory, more particularly to read and/or write its content…”; Par.0041 cited: “…storage 56 may be a RFID tag or rim having a read/write mode in which a memory can be written or read by a RFID reader…”].
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Regarding claim 2, Jarisch discloses
the holding section (seat of capsule positioner 40, Par.0044) is further configured to detachably hold a capsule holder (capsule 5, fig.1) in lieu of the beverage component holder (capsule 5), the capsule holder (capsule 5) comprising an accommodating cavity for accommodating a capsule carrying a beverage component (ingredient 50, fig.2) suitable for interacting with a liquid so as to prepare a beverage, the liquid delivery device (water circuit 9, fig.1) being configured to deliver a liquid via the liquid inlet into the accommodating cavity when the beverage preparation device (capsule positioner 40, fig.1) is holding the capsule holder (capsule 5), the liquid discharge device (water circuit 9) being configured to discharge the delivered liquid via the discharge outlet (beverage outlet 29, fig.3b) out of the accommodating cavity to the dispensing outlet (beverage outlet 29), and the control unit (control unit 11, fig.1) being further configured to control a liquid flow from the liquid delivery device (water circuit 9) via the accommodating cavity to the liquid discharge device (delivery assembly 24, fig.3b) based on data carried by the capsule (capsule 5) [Par.0040 cited: “…storage 56 comprises a capsule communication interface adapted to allow a programming arrangement to access the memory, more particularly to read and/or write its content…”], if any.
Regarding claim 3, Jarisch discloses
a wireless reader (RFID reader, Par.0048) [Par.0048 cited: “…machine communication interface 50 may be an RFID reader…”], the wireless reader (RFID reader) being configured for reading the data stored in the transponder (storage 56, fig.2), when the beverage preparation device (capsule positioner 40, fig.1) is holding the beverage component holder (capsule 5, fig.1), and the wireless reader (RFID reader) being further configured for reading the data carried on the capsule (capsule 5) [Par.0040 cited: “…storage 56 comprises a capsule communication interface adapted to allow a programming arrangement to access the memory, more particularly to read and/or write its content…”].
Regarding claim 4, Jarisch discloses
the transponder (storage 56, fig.2) is an RFID tag, and wherein the beverage preparation machine (capsule positioner 40, fig.1) comprises an RFID reader (RFID reader, Par.0048) configured for reading the data stored in the RFID tag [Par.0048 cited: “…machine communication interface 50 may be an RFID reader…”].
Regarding claim 5, Jarisch discloses
the data stored in the transponder (storage 56, fig.2) and, if present, the data carried on the capsule contains at least one parameter belonging to the group consisting of: a temperature of the delivered liquid, a volume of the delivered liquid, an infusing time for maintaining the delivered liquid in the cavity, a number of reiterated infusing operations with the same beverage component [Par.0025 cited: “…information related to the preferences of the user may relates to one or any combination of the following information: user's preferred volume of beverage to prepare with the capsule, user's preferred temperature of beverage to prepare with the capsule, user's preferred pressure used for preparing a beverage with the capsule, user's preferred recipe used for preparing a beverage with the capsule, user's preferred ingredients used for preparing a beverage with the capsule, user's preferred additional ingredients used for preparing a beverage with the capsule, user's preferred pre-wetting setup used for preparing a beverage with the capsule…”].
Regarding claim 6, Jarisch discloses
a gas evacuation device for evacuating gas, like air, out of the cavity of the beverage component holder (capsule 5, fig.1) via a gas outlet (outlet of water circuit 9, fig.1).
Regarding claim 7, Jarisch discloses
at least one of the liquid inlet (inlet of water circuit 9, fig.1), the discharge outlet (beverage outlet 29, fig.3b) and, if present, the gas outlet (outlet of water circuit 9, fig.1) is arranged to protrude into the cavity (cavity of brewing unit 2, fig.1) or, if present, into the accommodating cavity (cavity of capsule 5, fig.1).
Regarding claim 8, Jarisch discloses
at least one of the liquid inlet (inlet of water circuit 9, fig.1), the discharge outlet (beverage outlet 29, fig.3b) and, if present, the gas outlet (outlet of water circuit 9, fig.1) tapers towards the cavity (cavity of brewing unit 2, fig.1) or, if present, towards the accommodating cavity (cavity of capsule 5, fig.1) to form a piercing tip when the beverage preparation device (capsule positioner 40, fig.1) is holding the beverage component holder (capsule 5, fig.1).
Regarding claim 9, Jarisch discloses
the liquid inlet (inlet of water circuit 9, fig.1) and, if present, the gas outlet (outlet of water circuit 9, fig.1) are positioned higher than the discharge outlet (beverage outlet 29, fig.3b) when the beverage preparation device (capsule positioner 40, fig.1) is in its service configuration.
Regarding claim 10, Jarisch discloses
the beverage component holder (capsule 5, fig.1) comprises a filter element [capsule 5 is a filter] to withhold the beverage component in the cavity (cavity of brewing unit 2, fig.1), preferably towards the discharge outlet (beverage outlet 29, fig.3b), when the liquid delivery device (water circuit 9, fig.1) is delivering liquid.
Regarding claim 11, Jarisch discloses
the filter element (capsule 5, fig.1) is located in a lower region of the cavity (cavity of brewing unit 2, fig.1).
Regarding claim 12, Jarisch discloses
the beverage component holder (capsule 5, fig.1) comprises a prehension portion (edge of capsule 5, fig.1) configured to allow a customer to manipulate the beverage component holder (capsule 5).
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
01/25/2026