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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/20/2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 1-13 are objected to because of the following informalities:
In claims 1, 4-5 and 12: the term: “…and/or …” should be changed to --…or…--.
Appropriate correction is required.
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.
Claims 1-13 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
In claim 1:
The limitation “…the ingredient opening …”, is indefinite because it is lack of antecedent basic.
The limitation “…a mixing chamber …”, as cited in line 30, is indefinite because it is unclean it is same “a mixing chamber” in line 29 or not? For the purpose of examination, they are the same. It is suggested “…a mixing chamber…” in line 30, is changed to “…the mixing chamber…”
In claim 4: the term “…substantially…”, is a relative term, so it is indefinite because it is unclear how much degree of substantially is? It is suggested the term “…substantially…” is removed.
In claim 12: The limitation “…a mixing chamber …”, as cited in line 14, is indefinite because it is unclean it is same “a mixing chamber” in line 13 or not? For the purpose of examination, they are the same. It is suggested “…a mixing chamber…” in line 14, is changed to “…the mixing chamber…”
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(a)(1) as being anticipated by De’ Longhi (US 20050139080 A1).
Regarding claim 1, De’ Longhi discloses
A machine (machine 1, fig.1) for handling a flavouring ingredient and preparing a beverage therefrom and serving said beverage via a dispensing outlet (machine 1, fig.1, is inherently has outlet/dispenser) to a consumer receptacle and has a mixing unit (container device 2, fig.1, supply device 3, fig.6) that comprises:
a support (container device 2, supply device 3, is/are inherently has frame or housing);
a seat (container device 2, figs.1-2) configured to receive said flavouring ingredient unwrapped before mixing with said water;
a closure part (supply device 3, fig.6) configured to close and open the ingredient opening (opening of container device 2, figs.6-7);
a wall part (first telescopic element 15, fig.6) that is movable inside the seat (container device 2),
the seat (container device 2), the closure part (supply device 3) and the wall part (first telescopic element 15) being: directly or indirectly mounted to the support; and
relatively movable between: a transfer configuration for supplying said flavouring ingredient into the seat (container device 2) or removing such ingredient upon beverage preparation; and
a mixing chamber (chamber of container device 2, figs.6-7) configuration in which the seat (container device 2) and the closure part (supply device 3) and the wall part (first telescopic element 15) form a mixing chamber fluidically connected with the water source, during beverage preparation, said flavouring ingredient being mixed with said water in the mixing chamber (second telescopic element 16, figs.9-10) to form said beverage prior to serving thereof via the dispensing outlet, and the mixing unit (container device 2, supply device 3, fig.6) is provided with a chamber thermal conditioner [Par.0094 cited: “…fluid supply device 3 is connected to the boiler 46 …”], for conditioning at least one of the seat (container device 2), the closure part (supply device 3) and the wall part (first telescopic element 15), the chamber conditioner being configured to thermally condition the mixing chamber (chamber of container device 2, figs.6-7) prior to supplying water into the mixing chamber (chamber of container device 2, figs.6-7) and independently of any thermal conditioning of said water prior to such supplying of said water.
Regarding claim 2, De’ Longhi discloses
the chamber heater [Par.0094 cited: “…fluid supply device 3 is connected to the boiler 46 …”] comprises a radiating heater (boiler 46, figs.6-7, is inherently a radiant/resistant heater) oriented to radiate heating light.
Regarding claim 3, De’ Longhi discloses
the mixing chamber (chamber of container device 2, figs.3, 6-7) is in fluid communication with a valve (valve 40, fig.3) configured to release pressure from the mixing chamber (chamber of container device 2) when containing said flavouring ingredient prior to driving said water into the mixing chamber (chamber of container device 2) for mixing with the flavouring ingredient.
Regarding claim 4, De’ Longhi discloses
the mixing unit (container device 2, supply device 3, fig.6) comprises a closure seal (bottom part of supply device 3, fig.6) which is located between the closure part (supply device 3, fig.6) and the seat (container device 2, figs.1-2) when closed by the seat (container device 2) so that the closure seal (bottom part of supply device 3) is urged between the seat (container device 2) and the closure part (supply device 3) in a direction that is substantially parallel to a direction of opening and/or closing the seat by the closure part (supply device 3).
Regarding claim 5, De’ Longhi discloses
the seat (container device 2, figs.1-2) is configured to move relatively to the support according to simultaneous and/or successive geometric translation and geometric rotation (fig.13).
Regarding claim 6, De’ Longhi discloses
the mixing unit (second telescopic element 16, fig.6) comprises said wall part actuator (top part of first telescopic element 15, fig.6) that is connected to the wall part (first telescopic element 15, fig.6) by a wall part transmission (middle part of first telescopic element 15, fig.6).
Regarding claim 7, De’ Longhi discloses
the support (frame of machine 1, fig.1) and the seat (container device 2, figs.1-2) are connected by a guide-rail arrangement (lower and upper portion 3a, 3b, fig.8-13) that is stationary relative to the support (frame of machine 1, fig.1) and a guide-rail counter-member arrangement (guide 11, fig.8-13) that is stationary relative to the seat (container device 2), or vice versa.
Regarding claim 8, De’ Longhi discloses
the mixing unit (container device 2, supply device 3, fig.6) comprises a waste ingredient remover (expulsion means 22, fig.4) configured to remove a waste ingredient from the ingredient opening (opening of container device 2, figs.6-7) upon beverage preparation.
Regarding claim 9, De’ Longhi discloses
after an introduction into the seat's ingredient opening (opening of container device 2, figs.6-7) in the transfer configuration of at least one solid portion of a self-supporting agglomerate of said flavouring ingredient and subsequent relative movement from the transfer configuration into the mixing chamber (chamber of container device 2, figs.6-7) configuration and prior to serving said beverage via the dispensing outlet, said control unit (microswitches, Par.0052) is configured to control a preconditioning of the flavouring ingredient by: a portion break-up relative movement of the seat (container device 2, figs.1-2) and the closure part (supply device 3, fig.6) and the wall part (first telescopic element 15, fig.6) associated therewith; and a portion loosening supply of water from a water source into the mixing chamber.
Regarding claim 10, De’ Longhi discloses
the control unit (microswitches, Par.0052) is configured to control via said at least one actuator (top part of first telescopic element 15, fig.6) said break-up relative movement between the wall part (first telescopic element 15, fig.6) and the closure part (supply device 3, fig.6) so as to exercise a compression force onto the solid portion(s) between the closure (supply device 3) and wall parts (first telescopic element 15) to break-up the solid portion(s).
Regarding claim 11, De’ Longhi discloses
the control unit (microswitches, Par.0052), to control the preconditioning of the flavouring ingredient, controls said liquid driver [Pars.0036, 0040, and 0052].
Regarding claim 12, De’ Longhi discloses
A combination of a machine (machine 1, fig.1) for handling a flavouring ingredient and preparing a beverage therefrom and serving said beverage via a dispensing outlet (machine 1, fig.1, is inherently has outlet/dispenser) to a consumer receptacle and has a mixing unit (container device 2, supply device 3, fig.6) that comprises:
a support (container device 2, supply device 3, fig.6, is inherently has frame or housing);
a seat (container device 2, figs.1-2) configured to receive said flavouring ingredient unwrapped before mixing with said water;
a closure part (supply device 3, fig.6) configured to close and open the ingredient opening (opening of container device 2, figs.6-7);
a wall part (first telescopic element 15, fig.6) that is movable inside the seat (container device 2),
the seat (container device 2), the closure part (supply device 3) and the wall part (first telescopic element 15) being: directly or indirectly mounted to the support; and
relatively movable between: a transfer configuration for supplying said flavouring ingredient into the seat (container device 2) and/or removing such ingredient upon beverage preparation; and
a mixing chamber (chamber of container device 2, figs.6-7) configuration in which the seat (container device 2) and the closure part (supply device 3) and the wall part (first telescopic element 15) form a mixing chamber fluidically connected with the water source, during beverage preparation, said flavouring ingredient being mixed with said water in the mixing chamber (chamber of container device 2) to form said beverage prior to serving thereof via the dispensing outlet, and
the mixing unit (container device 2, supply device 3, fig.6) is provided with a chamber thermal conditioner [Par.0094 cited: “…fluid supply device 3 is connected to the boiler 46 …”], for conditioning at least one of the seat (container device 2), the closure part (supply device 3) and the wall part (first telescopic element 15), the chamber conditioner being configured to thermally condition the mixing chamber (chamber of container device 2, figs.6-7) prior to supplying water into the mixing chamber (chamber of container device 2, figs.6-7) and independently of any thermal conditioning of said water prior to such supplying of said water and a flavouring ingredient for preparing a beverage in the machine (machine 1).
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-12 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of copending Application No. 18006060.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed subject matter of the present applicant and that of copending Application No. 18006060 are substantially the same and the claimed subject matter of the present application would have been obvious to one of ordinary skill in the art based on the claimed subject matter of copending Application No. 18006060.
Present application 18006302
Copending Application No. 18006060
1. A machine for handling a flavouring ingredient and preparing a beverage therefrom and serving said beverage via a dispensing outlet to a consumer receptacle and has a mixing unit that comprises: a support; a seat configured to receive said flavouring ingredient unwrapped before mixing with said water; a closure part configured to close and open the ingredient opening; a wall part that is movable inside the seat, the seat, the closure part and the wall part being: directly or indirectly mounted to the support; and relatively movable between: a transfer configuration for supplying said flavouring ingredient into the seat and/or removing such ingredient upon beverage preparation; and a mixing chamber configuration in which the seat and the closure part and the wall part form a mixing chamber fluidically connected with the water source, during beverage preparation, said flavouring ingredient being mixed with said water in the mixing chamber to form said beverage prior to serving thereof via the dispensing outlet, and the mixing unit is provided with a chamber thermal conditioner, for conditioning at least one of the seat, the closure part and the wall part, the chamber conditioner being configured to thermally condition the mixing chamber prior to supplying water into the mixing chamber and independently of any thermal conditioning of said water prior to such supplying of said water.
2. The machine of claim 1, wherein the chamber heater comprises a radiating heater oriented to radiate heating light.
3. The machine of claim 1, wherein the mixing chamber is in fluid communication with a valve configured to release 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.
4. The machine of claim 1, wherein the mixing unit comprises a closure seal which is located between the closure part and the seat when closed by the seat so that the closure seal is urged between the seat and the closure part in a direction that is substantially parallel to a direction of opening and/or closing the seat by the closure part.
5. The machine of claim 1, wherein the seat is configured to move relatively to the support according to simultaneous and/or successive geometric translation and geometric rotation.
6. The machine of claim 1, wherein the mixing unit comprises said wall part actuator that is connected to the wall part by a wall part transmission.
7. The machine of claim 1, wherein the support and the seat are connected by a guide-rail arrangement that is stationary relative to the support and a guide-rail counter-member arrangement that is stationary relative to the seat, or vice versa.
8. The machine of claim 1, wherein the mixing unit comprises a waste ingredient remover configured to remove a waste ingredient from the ingredient opening upon beverage preparation.
9. The machine of claim 1, 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 and subsequent relative movement from the transfer configuration into the mixing chamber configuration and prior to serving said beverage via the dispensing outlet, said control unit is configured to control a preconditioning of the flavouring ingredient by: a portion break-up relative movement of the seat and the closure part and the wall part associated therewith; and a portion loosening supply of water from a water source into the mixing chamber.
10. The machine of claim 9, wherein the control unit is configured to control via said at least one actuator said break-up relative movement between the wall part and the closure part so as to exercise a compression force onto the solid portion(s) between the closure and wall parts to break-up the solid portion(s).
11. The machine of claim 9, wherein the control unit, to control the preconditioning of the flavouring ingredient, controls said liquid driver.
12. A combination of a machine for handling a flavouring ingredient and preparing a beverage therefrom and serving said beverage via a dispensing outlet to a consumer receptacle and has a mixing unit that comprises: a support; a seat configured to receive said flavouring ingredient unwrapped before mixing with said water; a closure part configured to close and open the ingredient opening; a wall part that is movable inside the seat, the seat, the closure part and the wall part being: directly or indirectly mounted to the support; and relatively movable between: a transfer configuration for supplying said flavouring ingredient into the seat and/or removing such ingredient upon beverage preparation; and a mixing chamber configuration in which the seat and the closure part and the wall part form a mixing chamber fluidically connected with the water source, during beverage preparation, said flavouring ingredient being mixed with said water in the mixing chamber to form said beverage prior to serving thereof via the dispensing outlet, and the mixing unit is provided with a chamber thermal conditioner, for conditioning at least one of the seat, the closure part and the wall part, the chamber conditioner being configured to thermally condition the mixing chamber prior to supplying water into the mixing chamber and independently of any thermal conditioning of said water prior to such supplying of said water and a flavouring ingredient for preparing a beverage in the machine.
1. A machine for handling a flavouring ingredient and preparing a beverage therefrom and serving said beverage via a dispensing outlet to a consumer receptacle comprising: a support, such as a frame and/or housing, that is stationary during said handling of said flavouring ingredient a seat having an ingredient opening configured to receive said flavouring ingredient unwrapped before mixing with said water; a closure part configured to close and open the ingredient opening ; and a wall part that is movable inside the seat and dimensioned to be in sliding contact along and over inner boundaries of said inner shape of the seat at a seal that is stationary relative to the wall part and that seals the wall part against the inner shape, the seat, the closure part and the wall part being: directly or indirectly mounted to the support and relatively movable between: a transfer configuration for supplying said flavouring ingredient into the seat and/or removing such ingredient upon beverage preparation; and a mixing chamber configuration in which the seat and the closure part and the wall part form a mixing chamber fluidically connected with the water source, during beverage preparation, said flavouring ingredient being mixed with said water in the mixing chamber to form said beverage prior to serving thereof via the dispensing outlet, the mixing unit further comprises a waste ingredient remover configured to remove a waste ingredient from the ingredient opening upon beverage preparation and optionally after the waste ingredient having been pushed out of the opening by a corresponding relative movement of the wall part and the seat, for instance the remover having at least one of: a drawer-type configuration for being deployed and retracted over the ingredient opening in the transfer configuration; and a front face provided with a recessed part adjacent the ingredient opening in the transfer configuration to guide a supply of said ingredient into the seat in the transfer configuration.
2. The machine of claim 1, wherein, to remove the waste ingredient, the remover and the seat are relatively moved when the closure part and the wall part are in the transfer configuration.
3. The machine of claim 2, wherein the ingredient opening has a or said rim that extends in the transfer configuration along a removal plane: that is at an angle relative to a horizontal plane when the support is in an orientation for preparing beverage ; and whereby the rim of the ingredient opening and the remover are configured to move relatively to one another into and/or out of the transfer configuration without passing through the removal plan.
4. The machine of claim 1, wherein the seat is configured to move relatively to the support according to simultaneous and successive geometric translation and geometric rotation.
5. The machine of claim 4, wherein the seat has a first pivot and a second pivot spaced apart from the first pivot, the seat being configured such that, to move from the mixing chamber configuration to the transfer configuration: in a first step, the first and second pivots move relatively to the support along a single straight direction or along parallel directions to move out of the mixing chamber configuration; and then in a second step, the first and second pivots move simultaneously along first and second directions, respectively, whereby either the first and the second directions are at an angle, or the first and the second directions are parallel and the first and second pivots move at different respective speeds, such that the first and second pivots and the seat all simultaneously translate and rotate.
6. The machine of claim 1, wherein the mixing unit comprises said wall part actuator that is connected to the wall part by a wall part transmission.
7. The machine of claim 1, wherein the support and the seat are connected by a guide-rail arrangement that is stationary relative to the support and a guide-rail counter-member arrangement that is stationary relative to the seat, or vice versa.
8. The machine of claim 7, wherein the guide-rail arrangement has a first guide-rail section and a second guide-rail section that is different to the first guide-rail section.
9. The machine of claim 1, 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 and subsequent relative movement from the transfer configuration, said control unit is configured to control a preconditioning of the flavouring ingredient by: a portion break-up relative movement of the seat and the closure part and the wall part and a portion loosening supply of water from a or said water source into the mixing chamber, such as by controlling a or said liquid driver.
10. The machine of claim 9, wherein the control unit is configured to control via said at least one actuator said break-up relative movement between the wall part and the closure part so as to exercise a compression force onto the solid portion(s) between the closure and wall parts to break-up the solid portion(s).
11. The machine of claim 9, wherein the control unit, to control the preconditioning of the flavouring ingredient, controls said liquid driver and said thermal conditioner.
12. A combination of a machine for handling a flavouring ingredient and preparing a beverage therefrom and serving said beverage via a dispensing outlet to a consumer receptacle comprising: a support, such as a frame and/or housing, that is stationary during said handling of said flavouring ingredient; a seat having an ingredient opening configured to receive said flavouring ingredient unwrapped before mixing with said water; a closure part configured to close and open the ingredient opening; and a wall part that is movable inside the seat and dimensioned to be in sliding contact along and over inner boundaries of said inner shape of the seat at a seal that is stationary relative to the wall part and that seals the wall part against the inner shape, the seat, the closure part and the wall part being: directly or indirectly mounted to the support; and relatively movable between: a transfer configuration for supplying said flavouring ingredient into the seat and/or removing such ingredient upon beverage preparation; and a mixing chamber configuration in which the seat and the closure part and the wall part form a mixing chamber fluidically connected with the water source, during beverage preparation, said flavouring ingredient being mixed with said water in the mixing chamber to form said beverage prior to serving thereof via the dispensing outlet, the mixing unit further comprises a waste ingredient remover configured to remove a waste ingredient from the ingredient opening upon beverage preparation and optionally after the waste ingredient having been pushed out of the opening by a corresponding relative movement of the wall part and the seat, for instance the remover having at least one of: a drawer-type configuration for being deployed and retracted over the ingredient opening in the transfer configuration; and a front face provided with a recessed part adjacent the ingredient opening in the transfer configuration to guide a supply of said ingredient into the seat in the transfer configuration and a flavouring ingredient for preparing said beverage in the machine.
13. A method of handling a flavouring ingredient and preparing a beverage therefrom and serving said beverage via a dispensing outlet to a consumer receptacle, said method comprising: providing a machine for handling a flavouring ingredient and preparing a beverage therefrom and serving said beverage via a dispensing outlet to a consumer receptacle comprising: a support, such as a frame and/or housing, that is stationary during said handling of said flavouring ingredient; a seat having an ingredient opening configured to receive said flavouring ingredient unwrapped before mixing with said water; a closure part configured to close and open the ingredient opening; and a wall part that is movable inside the seat and dimensioned to be in sliding contact along and over inner boundaries of said inner shape of the seat at a seal that is stationary relative to the wall part and that seals the wall part against the inner shape, the seat, the closure part and the wall part being: directly or indirectly mounted to the support; and relatively movable between: a transfer configuration for supplying said flavouring ingredient into the seat and/or removing such ingredient upon beverage preparation; and a mixing chamber configuration in which the seat and the closure part and the wall part form a mixing chamber fluidically connected with the water source, during beverage preparation, said flavouring ingredient being mixed with said water in the mixing chamber to form said beverage prior to serving thereof via the dispensing outlet, the mixing unit further comprises a waste ingredient remover configured to remove a waste ingredient from the ingredient opening upon beverage preparation and optionally after the waste ingredient having been pushed out of the opening by a corresponding relative movement of the wall part and the seat, for instance the remover having at least one of: a drawer-type configuration for being deployed and retracted over the ingredient opening in the transfer configuration, and a front face provided with a recessed part adjacent the ingredient opening in the transfer configuration to guide a supply of said ingredient into the seat in the transfer configuration; supplying said flavouring ingredient into a seat in a transfer configuration; in the mixing chamber configuration, mixing the ingredient with said water in said mixing chamber to form the beverage; and serving the beverage via said dispensing outlet.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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
12/09/2025