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 .
Status of the Claims
Claims 1-5 and 7-18 are currently pending.
Response to Arguments
Applicant argues that claim amendments overcome the 112b rejections from previous office action.
Examiner agrees and rejections have been withdrawn.
Applicant argues that claims have been amended to include limitations not anticipated by Fukushima.
Examiner agrees. Please see new grounds of rejection below.
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.
Claims 1-5 and 7-17 are rejected under 35 U.S.C. 103 as being unpatentable over Fukushima (US 5992300 A) in view of Misago et al. (JP02159482 using machine translation).
Regarding claim 1, Fukushima teaches a beverage preparation machine (fig. 3, #1) comprising a beverage production device (20d: extraction chamber) having a cavity for receiving a beverage component to prepare a beverage upon interaction with a liquid, a liquid delivery device (col. 1, lines 23-29, #20a) for delivering a liquid into the cavity via a liquid inlet, a liquid discharge device ( col. 1, lines 37-48, #22d) for discharging the prepared beverage, out of the cavity via a discharge outlet (inlet to tube 22d) and to a dispensing outlet (outlet of tube 22d), wherein the liquid discharge device comprises a flexible tube (col. 7, lines 60-67, 22d: elastic tube reads on flexible) provided between the discharge outlet and the dispensing outlet and wherein the beverage preparation machine further comprises a deforming device (46, 47, 48) configured to selectively deform the flexible tube so as to restrict or prevent a liquid flow from the cavity to the dispensing outlet. (col. 6, lines, 54-60) Fukushima teaches wherein the flexible tube comprises an abutting section. (col. 6, lines, 54-60: and col. 1, lines, 46, 47, 48 work together to form support for carrying tube and selectively pinches tube to stop flow. Tube 22d has a portion that abuts the pinching cam and pressing plate.)
Fukushima does not explicitly teach wherein the abutting section comprises a thickened wall section of the flexible tube supporting the deforming device upon deformation action.
However, Misago teaches an improved pinch valve for fluid circuits. (par. 1) Misago teaches creating a thickened wall portion of the tube 12 which interacts with clamping member to selectively open and close the pinch valve. Misago teaches that the thickened portion allows for the tube to be normally open/self-supporting and requiring the biasing force of clamp to close. Misago teaches that the benefit of the thickened wall portion of the tube is that it provides a longer life, reliable, and quick opening pinch valve. (par. 1, 2, 5, and 6) (figures 9 and 1-7)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have applied the thickened wall portion of Misago, to the tube in the pinch valve of Fukushima, in order to provide for a longer life, reliable, and quick opening pinch valve as taught by Misago.
Regarding claim 2, Fukushima teaches wherein the deforming device comprises a support for carrying the flexible tube. (col. 6, lines, 54-60: 46, 47, 48 work together to form support for carrying tube.)
Regarding claim 3, Fukushima teaches wherein the deforming device comprises a pinching element being moveable between a first position in which the pinching element deforms the flexible tube so as to restrict or prevent the liquid flow from the cavity to the dispensing outlet, and a second position in which the pinching element relaxes the flexible tube so as to allow increased liquid flow from the cavity to the dispensing outlet with respect to the first position. (col. 6, lines, 54-60: and col. 1, lines, 46, 47, 48 work together to form support for carrying tube and selectively pinches tube to stop flow.)
Regarding claim 4, Fukushima teaches wherein the pinching element comprises two pinching sections, wherein at least one of the pinching sections is moveable so as to selectively displace the pinching element between the first position and the second position. (col. 6, lines, 54-60: and col. 1, lines, 46, 47, 48 work together to form support for carrying tube and selectively pinches tube to stop flow. Stationary plate and rotating cam provide pinching action between sections in a first and second position.)
Regarding claim 5, Fukushima teaches wherein one of the pinching sections is moveable and the other one of the pinching sections is fixed, the latter being a part of an inner side wall. (col. 6, lines, 54-60: and col. 1, lines, 46, 47, 48 work together to form support for carrying tube and selectively pinches tube to stop flow. Stationary plate and rotating cam provide pinching action between sections in a first and second position.)
Regarding claim 7, Fukushima teaches wherein the deforming device further comprises an actuator for actuating the deforming device. (col. 12, lines 6-16: Motor rotates pressing cam.)
Regarding claim 8, Fukushima teaches a gas evacuation device for evacuating gas out of the cavity, via a gas outlet. (col. 11, lines 32-35, #55: Air is discharged from cavity through valve 55. )
Regarding claim 9, Fukushima teaches wherein the liquid inlet protrude into the cavity. (figure 3: liquid inlet 20a-20e extends into cavity.)
Regarding claim 10, Fukushima teaches wherein the beverage production device comprises i)-a removable part comprising the cavity and a receiving section for functionally receiving the removable part. (col. 5, lines 21-37: Filter paper 21 and receiver 22 are utilized where the filter paper is intended to be removable. )
Regarding claim 11, Fukushima teaches wherein the cavity is configured to receive a capsule carrying a beverage component to interact with a liquid delivered into the cavity by the liquid delivery device. (Cavity/extraction chamber would be capable of receiving capsule carrying a beverage component.)
Regarding claim 12, Fukushima teaches a main body carrying the beverage production device, the liquid delivery device, the liquid discharge device and the deforming device. (it is inherent that all the elements shown in figure 3 would be supported on a “main body”.
Regarding claim 13, Fukushima teaches wherein the deforming device is detachably mounted. (The deforming device (46, 47, 48) would be capable of being disassembled. )
Regarding claim 14, Fukushima teaches wherein the flexible tube is substantially vertical when the beverage production device is in its production configuration, the discharge outlet being substantially horizontal. (figure 3: 22d is substantially vertical and the outlet of the tube is substantially horizontal.)
Regarding claim 15, Fukushima teaches a method for delivering a liquid through a beverage preparation machine, comprising the steps of: providing a beverage preparation machine receiving a beverage component in a cavity (22) of the beverage production device, deforming a flexible tube (22d) by a deforming device (46, 47, 48), wherein the flexible tube (col. 7, lines 60-67, 22d: elastic tube reads on flexible) is between a discharge outlet of the cavity and a dispensing outlet, delivering a liquid by the liquid delivery device into the cavity via the liquid inlet (20c) while halting the deformation for a predetermined time, and releasing the flexible tube by the deforming device so as to discharge the delivered liquid out of the cavity via a discharge outlet to a dispensing outlet (fig. 3, col. 1, line 11- col. 2, line 47: Cam rotates to open and close flexible drain tube 22d. The system halts the deformation of the tube while allowing water to flow from the inlet 20c into the discharge outlet of the tube 22d. ) Fukushima teaches wherein the flexible tube comprises an abutting section. (col. 6, lines, 54-60: and col. 1, lines, 46, 47, 48 work together to form support for carrying tube and selectively pinches tube to stop flow. Tube 22d has a portion that abuts the pinching cam and pressing plate.)
Fukushima does not explicitly teach wherein the abutting section comprises a thickened wall section of the flexible tube supporting the deforming device upon deformation action.
However, Misago teaches an improved pinch valve for fluid circuits. (par. 1) Misago teaches creating a thickened wall portion of the tube 12 which interacts with clamping member to selectively open and close the pinch valve. Misago teaches that the thickened portion allows for the tube to be normally open/self-supporting and requiring the biasing force of clamp to close. Misago teaches that the benefit of the thickened wall portion of the tube is that it provides a longer life, reliable, and quick opening pinch valve. (par. 1, 2, 5, and 6) (figures 9 and 1-7)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have applied the thickened wall portion of Misago, to the tube in the pinch valve of Fukushima, in order to provide for a longer life, reliable, and quick opening pinch valve as taught by Misago.
Regarding claim 16, the combination of Fukuskima and Misago teaches wherein the abutting section has a rectangular or circular shape. (Misago: par. 1, 2, 5, and 6, figures 9 and 1-7: Spherical would read on circular.)
Regarding claim 17, the combination of Fukuskima and Misago teaches wherein the abutting section defines a shape of a reduced flow path in the flexible tube. (Fukushima and Misago both teach an abutting section that would define a shape of the reduced flow path in the flexible tube.)
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Fukushima (US 5992300 A) and Misago et al. (JP02159482 using machine translation) in view of Elliott (PGPUB# US2005/0205822 A1).
Regarding claim 18, Fukushima and Misago does not explicitly teach wherein the moveable pinching section comprises a linear gear engaged with a circular gear connected to an actuator to rotate the circular gear.
However, Elliott teaches a punch valve for controlling the flow of fluids in a tube. (par. 1-2) Elliott teaches that the plunger 30 of the pinch valve can be moved by the use of a actuator 12 which rotates a set of circular gears (14, 16, 20) which interfaces with a linear gear rack 28 to control the movement opening and closing movement of the pinch valve. (par. 14-18 and figures 1 and 2) Elliott teaches that the configuration is used in order to restrict the clamping motion of the tube in a planar movement that is generally perpendicular to the flow of materials in the tube. (par. 16)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have applied the actuation and gearing system of Elliott, to the pinch valve of Fukushima in view of Misago, in order to restrict the clamping motion of the tube in a planar movement that is generally perpendicular to the flow of materials in the tube as taught by Elliott.
Conclusion
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 IBRAHIME A ABRAHAM whose telephone number is (571)270-5569. The examiner can normally be reached 9AM-5PM EST M-F.
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/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761