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 .
DETAILED ACTION
Claim Objections
The following claim(s) is/are objected to because of the following informalities:
In claim 1, “to close and open the ingredient opening” should be changed to “to close and open [[the]]an ingredient opening”
In claim 1, “the water source” should be changed to “[[the]]a water source”
In claim 2, “the mixing unit” should be changed to “[[the]]a mixing unit”
In claim 5, “said wall part actuator” should be changed to “[[said]]a wall part actuator”
In claim 9, “said control unit” should be changed to “[[said]]a control unit”
Appropriate correction is required.
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a control unit” in claims 9-11, invoking 112(f), according to the specification [0035] being a controller, a processor, a printed circuit board, a memory, a user-interface, and a power manager, or equivalents thereof.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim(s) 3 and 13 is/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.
Regarding claim 3, the phrase "such as" in the limitation “such as a hydraulic chamber sealed by one or more seals extending between the sealing member and the closure holder” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 13 recites in lines 4-7, “a machine for handling a flavouring ingredient and preparing a beverage therefrom and serving said beverage via a dispensing outlet to a consumer receptacle” which is unclear if this is the same or different from previously recited limitation “handling a flavouring ingredient and preparing a beverage therefrom and serving said beverage via a dispensing outlet to a consumer receptacle” in lines 1-3.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-8, 12-13, and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by De’Longhi (US 20140373724 A1).
Regarding claim 1
De’Longhi discloses a machine (coffee machine 1 in Fig 1) for handling a flavouring ingredient (coffee) and preparing a beverage (coffee) therefrom and serving said beverage via a dispensing outlet (coffee is discharged after infusion via holes 63, 64, [0058], for conveying the infusion of coffee towards a remote dispenser not shown, [0056]) to a consumer receptacle (a coffee cup) comprising:
a support (shell 9, [0019], Fig 5) that is stationary during said handling of said flavouring ingredient (support shell 9 is stationary during coffee infusion) and optionally (interpreted to be not required by the claim) during beverage preparation and/or beverage serving;
a seat (sidewall of infusion mixing chamber 4, annotated in Fig 5);
a closure part (closing piston 3, [0021]) configured to close and open the ingredient opening (opening of infusion chamber 4 to receive the coffee, annotated in Fig 5); and
a wall part (ejection piston 5, [0023]) that is movable inside the seat (piston 5 movable inside the seat),
the seat (seat in chamber 4), the closure part (3) and the wall part (5) being:
directly or indirectly mounted (broadly interpreted to position within the support) to the support (the seat, closure part, and wall part are all secured within the support 9); and relatively movable between:
a transfer configuration (Fig 5) for supplying said flavouring ingredient into the seat and/or removing such ingredient upon beverage preparation (coffee from loader 6 is transferred to the chamber 4 to prepare the beverage); and
a mixing chamber configuration (Fig 7) in which the seat and the closure part and the wall part form a mixing chamber (infusion chamber 4) fluidically connected with the water source (for the infusion, i.e. mixing configuration, an internal conduit 70 of the closing piston 3 is supplied with a flow of water expressly heated by a heater unit, [0072]),
during beverage preparation, said flavouring ingredient (coffee) being mixed with said water (heated water from conduit 70) in the mixing chamber (4) to form said beverage prior to serving thereof via the dispensing outlet (coffee is discharged after infusion via holes 63, 64, [0058], for conveying the infusion of coffee towards a remote dispenser not shown, [0056]),
the mixing chamber (Fig 5) is in fluid communication with a valve (shutter 67 is movable between a closing and open position of the hole 68, Fig 5, [0060], thus shutter 67 functions as a valve) configured to release pressure from the mixing chamber (shutter 67 connects to hoses 63, 64, where hoses 63, 64 are connected to the infusion cylinder 2 to dispense the coffee to a remote dispenser, [0058], this indicates that shutter 67 is connected to the mixing chamber, annotated in Fig 5, thus capable of releasing pressure from the mixing chamber) when containing said flavouring ingredient prior to driving said water into the mixing chamber for mixing with the flavouring ingredient (this limitation is interpreted as functional language – since Fig 5 shows that the mixing chamber contains the flavoring ingredient coffee prior to water being supplied through conduit 70, and the shutter/valve 67 is in the open/release position, this indicates that the shutter/valve 67 is capable of releasing pressure from the mixing chamber when the mixing chamber contains coffee before adding water into the mixing chamber).
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Regarding claim 2
De’Longhi discloses the machine of claim 1.
De’Longhi further discloses wherein the mixing unit (Fig 7) comprises a closure seal (closure seals being rings annotated in Fig 7), which is located between the closure part (3 annotated in Fig 7) and the seat (seat annotated in Fig 7) when closed by the seat so that the closure seal is urged between the seat and the closure part (closure seal rings urges between the seat and closure part in engagement seen in Fig 7) in a direction that is substantially parallel to a direction of opening and/or closing the seat by the closure part (parallel to the direction of closing the seat by the closure part).
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Regarding claim 3
De’Longhi discloses the machine of claim 1.
De’Longhi further discloses wherein the closure part (3 Fig 6) comprises a closure holder (closure holder annotated in Fig 6 below) and a peripheral sealing member (sealing member being a ring annotated in Fig 6) displaceably mounted on the holder (sealing member mounted on the closure holder) and urged away from the holder against the seat (sealing member engages with the seat in Fig 7):
the mixing chamber (4) being entirely enclosed at the ingredient opening by the sealing member (Fig 7 shows that the sealing member of closure part 3 engages with the seat to seal/enclose the mixing chamber with coffee 30 inside); and
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the closure part (3) comprising a hydraulic chamber (chamber with spring inside, interpreted to be a hydraulic chamber, annotated in Fig 6) for urging the sealing member against the seat (the sealing member urges against the seat), such as a hydraulic chamber sealed by one or more seals extending between the sealing member and the closure holder.
Regarding claim 4
De’Longhi discloses the machine of claim 1.
De’Longhi further discloses wherein the seat (seat annotated in Fig 5) is configured to move relatively to the support (support 9) according to simultaneous and/or successive geometric translation (seat moves with infusion chamber 4 up and down, i.e. translation, Figs 6-7) and geometric rotation (seat rotates with infusion chamber 4, Figs 5-6).
Regarding claim 5
De’Longhi discloses the machine of claim 1.
De’Longhi further discloses wherein the mixing unit (Figs 6-7) comprises said wall part actuator (rocker 32 [0042]) that is connected to the wall part (piston 5) by a wall part transmission (wall 47, element 43, cams 37 and 38 all are construed to be the wall part transmission for transmitting movement of the actuator/rocker 32 to move the wall part piston 5 in Figs 6-7).
Regarding claim 6
De’Longhi discloses the machine of claim 1.
De’Longhi further discloses wherein the support (shell 9, Fig 7) and the seat (seat annotated in Fig 7) are connected by a guide-rail arrangement (guide-rail arrangement being the inner and outer paths of wall 47 annotated in Fig 5 below) that is stationary (wall 47 is stationary) relative to the support (shell 9) and a guide-rail counter-member arrangement (pins 36 and 34 are construed as the guide-rail counter-member arrangement).
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Regarding claim 7
De’Longhi discloses the machine of claim 6.
De’Longhi further discloses wherein the guide-rail arrangement has a first guide-rail section (1ST guide-rail being an outer path, annotated in Fig 5 above) and a second guide-rail section (2ND guide-rail being an inner path, annotated in Fig 5 above) that is different to the first guide-rail section (2ND guide-rail is a different path from the 1ST guide-rail), and
wherein the guide-rail counter-member arrangement (rocker 32) has
a first guide-rail counter-member (pin 36) cooperating with the first guide-rail section (engaging pin 36 slides along the guide 47, Figs 5-6, [0069 top], 1ST counter-member pin 36 cooperates with guide 47 of the 1ST guide-rail to push the seat upward in Figs 6-7) and
a second guide-rail counter-member (pin 34) cooperating with the second guide-rail section (driving pin 34, which by effect of engagement in the slot 39 drives the stem 40 of the ejection piston 5 towards the retraction position, Figs 11-12, [0076 bottom], 2ND counter-member pin 34 cooperates with the movement of rocker 32 along the 2ND guide-rail path to pull the seat downward in Figs 11-12),
such that the first and second guide-rail sections and the first and second guide-rail counter members cooperate to set together a positioning and orientation of the seat relative to the support (the seat is positioned upward in Figs 6-7 and downward in Figs 11-12 relative to the support shell 9).
Regarding claim 8
De’Longhi discloses the machine of claim 1.
De’Longhi further discloses wherein the mixing unit (Fig 10) comprises a waste ingredient remover (scraper element 7, Fig 10, [0067]) configured to remove a waste ingredient (coffee 30).
Regarding claim 12
De’Longhi discloses the machine of claim 1.
De’Longhi further discloses a combination of a machine as defined in claim 1 and said flavouring ingredient (coffee, [0001]) for preparing said beverage in the machine.
Regarding claim 13
De’Longhi discloses a method (using a coffee machine in Fig 1) of handling a flavouring ingredient (coffee) and preparing a beverage (coffee) therefrom and serving said beverage via a dispensing outlet (coffee is discharged after infusion via holes 63, 64, [0058], for conveying the infusion of coffee towards a remote dispenser not shown, [0056]) to a consumer receptacle (a coffee cup) comprising: providing a machine (coffee machine 1 in Fig 1) for handling a flavouring ingredient (coffee) and preparing a beverage therefrom and serving said beverage via a dispensing outlet (coffee is discharged after infusion via holes 63, 64, [0058], for conveying the infusion of coffee towards a remote dispenser not shown, [0056]) to a consumer receptacle (a coffee cup) comprising:
a support (shell 9, [0019], Fig 5) that is stationary during said handling of said flavouring ingredient (support shell 9 is stationary during coffee infusion) and optionally (interpreted to be not required by the claim) during beverage preparation and/or beverage serving;
a seat (sidewall of infusion mixing chamber 4, annotated in Fig 5);
a closure part (closing piston 3, [0021]) configured to close and open the ingredient opening (opening of infusion chamber 4 to receive the coffee, annotated in Fig 5); and
a wall part (ejection piston 5, [0023]) that is movable inside the seat (piston 5 movable inside the seat),
the seat (seat in chamber 4), the closure part (3) and the wall part (5) being:
directly or indirectly mounted (broadly interpreted to position within the support) to the support (the seat, closure part, and wall part are all secured within the support 9); and relatively movable between:
a transfer configuration (Fig 5) for supplying said flavouring ingredient into the seat and/or removing such ingredient upon beverage preparation (coffee from loader 6 is transferred to the chamber 4 to prepare the beverage); and
a mixing chamber configuration (Fig 7) in which the seat and the closure part and the wall part form a mixing chamber (infusion chamber 4) fluidically connected with the water source (for the infusion, i.e. mixing configuration, an internal conduit 70 of the closing piston 3 is supplied with a flow of water expressly heated by a heater unit, [0072]),
during beverage preparation, said flavouring ingredient (coffee) being mixed with said water (heated water from conduit 70) in the mixing chamber (4) to form said beverage prior to serving thereof via the dispensing outlet (coffee is discharged after infusion via holes 63, 64, [0058], for conveying the infusion of coffee towards a remote dispenser not shown, [0056]),
the mixing chamber (Fig 5) is in fluid communication with a valve (shutter 67 is movable between a closing and open position of the hole 68, Fig 5, [0060], thus shutter 67 functions as a valve) configured to release pressure from the mixing chamber (shutter 67 connects to hoses 63, 64, where hoses 63, 64 are connected to the infusion cylinder 2 to dispense the coffee to a remote dispenser, [0058], this indicates that shutter 67 is connected to the mixing chamber, annotated in Fig 5, thus capable of releasing pressure from the mixing chamber) when containing said flavouring ingredient prior to driving said water into the mixing chamber for mixing with the flavouring ingredient (Fig 5 shows that the mixing chamber contains the flavoring ingredient coffee prior to water being supplied through conduit 70, and the shutter/valve 67 is in the open/release position, this indicates that the shutter/valve 67 is open which releases pressure from the mixing chamber when the mixing chamber contains coffee before adding water into the mixing chamber);
supplying said flavouring ingredient into the seat in said transfer configuration (Fig 5 showing the coffee supplied to the seat);
in the mixing chamber configuration, mixing the ingredient with said water in said mixing chamber to form the beverage (mixing configuration in Fig 7 where water is added through conduit 70, [0072]); and
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serving the beverage via said dispensing outlet (coffee is discharged after infusion via holes 63, 64, [0058], for conveying the infusion of coffee towards a remote dispenser not shown, [0056]).
Regarding claim 15
De’Longhi discloses the machine of claim 1.
De’Longhi further discloses wherein said flavouring ingredient is shaped as at least one solid portion of a self-supporting agglomerate of such flavouring ingredient (coffee being a solid portion in Fig 5), optionally (interpreted to be not required by the claim) such solid portion having: a rollable shape with: a maximum dimension in the range of 15 to 35 mm such as 17.5 to 30 mm; and a maximum dimension in the range of 10 to 90%, for instance 25 to 75% of a maximum dimension of said base of the seat's inner shape; and/or
said flavouring ingredient selected from the group consisting of ground coffee (coffee, [0001]), tea, cacao and chocolate.
Claim Rejections - 35 USC § 103
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.
Claim(s) 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over De’Longhi in view of Radhakrishnan (US 20140360379 A1).
Regarding claim 9
De’Longhi discloses the machine of claim 1.
De’Longhi further discloses wherein, after an introduction into the seat's ingredient opening in the transfer configuration of at least one solid portion of a self-supporting agglomerate of said flavouring ingredient (one solid portion of coffee is introduced into the seat via the ingredient opening in the transfer configuration in Fig 5) and subsequent relative movement from the transfer configuration (Figs 6-7) into the mixing chamber configuration (mixing chamber 4 for infusion of coffee in Fig 6, annotated in Fig 5 above) and prior to serving said beverage the dispensing outlet (outlet at holes 63, 64 to a remote dispenser, [0056]), said control unit (invoking 112f, water is heated by a heater unit and the heated water is injected via conduit 70 for infusion of the coffee, [0072], this indicates that there is a command from a controller for hot water to be injected into conduit 70 and this controller is interpreted to be equivalent to the claimed control unit) is configured to control a preconditioning of the flavouring ingredient by:
a portion loosening supply of water from a or said water source (hot water is injected via conduit 70 for infusion of the coffee, [0072]) into the mixing chamber (4).
Additionally, De’Longhi further discloses a portion break-up relative movement of the seat and the closure part and the wall part (seat annotated in Fig 5 above, closure part 3 and wall part 5 all move relative to one another from Figs 5-7, where Fig 7 shows a compression force from wall part 5 capable of breaking up the flavouring ingredient coffee inside the seat).
De’Longhi is silent on the control unit being configured to control the portion break-up relative movement of the seat and the closure part and the wall part.
However, Radhakrishnan teaches a coffee machine (Fig 1, [0001]) having a control unit (controller 90, Fig 1, [0028 top]) being configured to control both:
the portion loosening supply of water (heated water system is controlled, at least in part by being coupled to the controller 90 over line 108, [0028 top]), and
the portion break-up relative movement of the seat (brew chamber 46) and the closure part (piston 52) and the wall part (piston 56 Fig 1, where the controller 90 to stop operation of the motor 80 thereby stopping movement and compression or compaction of the brewing substance 114, [0045], this indicates that the controller 90 controls the movement of the brew chamber/seat 46, closure part 52, and wall part 56 to compress or compact the flavouring ingredient 114).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to add a control unit being a controller, taught by Radhakrishnan, to the machine in De’Longhi, to control the supply of water and the compression or break-up relative movement of the seat, the closure part, and the wall part in De’Longhi, because having a single controller simplifies operations of the machine while allowing for automatic and precise execution of the processes in preparing beverages.
Regarding claim 10
De’Longhi in view of Radhakrishnan discloses the machine of claim 9.
De’Longhi in view of Radhakrishnan further discloses wherein the control unit (Radhakrishnan teaches the controller 90, Fig 1, [0028 top]) is configured to control via said at least one actuator (motor 80, where controller 90 is coupled to the drive motor 80 over line 92, [0027]) said break-up relative movement between the wall part and the closure part so as to exercise a compression force (the controller 90 to stop operation of the motor 80 thereby stopping movement and compression or compaction of the brewing substance 114, [0045], where the brewing substance 114 is the solid portion and the compression force exerted by the closure part 52 and the wall part 56 is capable of breaking up the solid portion within) onto the solid portion(s) between the closure and wall parts to break-up the solid portion(s).
Regarding claim 11
De’Longhi in view of Radhakrishnan discloses the machine of claim 9.
De’Longhi in view of Radhakrishnan further discloses wherein the control unit (Radhakrishnan teaches the controller 90, Fig 1, [0028 top]), to control the preconditioning of the flavouring ingredient, controls said liquid driver (heated water system 106 is controlled, at least in part by being coupled to the controller 90 over line 108, [0028 top], thus the heated water system 106 is interpreted to be the liquid driver).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim(s) 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 11 of copending Application No. 18/006,599 (reference application).
Although the claims at issue are not identical, they are not patentably distinct from each other because claim 11 of copending Application No. 18/006,599 is narrower in scope, thus includes all of the limitations of claim 1 and anticipates claim 11 of the instant specification.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Erikawa (US 10292524 B2) teaches a controller to control operations of a beverage device
Byun (US 20200129002 A1) teaches a beverage machine with movable parts
Nosler (US 20100024657 A9) teaches a machine for brewing a beverage with a piston
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Thuyhang Nguyen whose telephone number is (571) 272-5317. The examiner can normally be reached Monday-Friday 8am-5pm EST.
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/Thuyhang N Nguyen/Examiner, Art Unit 3761