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 .
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.
The Supreme Court in KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1395-97 (2007) identified a number of rationales to support a conclusion of obviousness which are consistent with the proper “functional approach” to the determination of obviousness as laid down in Graham. The key to supporting any rejection under 35 U.S.C. 103 is the clear articulation of the reason(s) why the claimed invention would have been obvious. The Supreme Court in KSR noted that the analysis supporting a rejection under 35 U.S.C. 103 should be made explicit.
EXEMPLARY RATIONALES
Exemplary rationales that may support a conclusion of obviousness include:
(A) Combining prior art elements according to known methods to yield predictable results;
(B) Simple substitution of one known element for another to obtain predictable results;
(C) Use of known technique to improve similar devices (methods, or products) in the same way;
(D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results;
(E) “Obvious to try” – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success;
(F) Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art;
(G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention.
Claim(s) 1,3, 5-14, 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stordy et al. (US 9545169B2).
Stordy discloses an apparatus, comprising: a chamber 12 in which coffee beans can be received for roasting, the chamber including a bottom (lower section), a top (upper opening) and a sidewall extending from the bottom to the top; a device (fan) 20 for generating a current of air in order to agitate the coffee beans (col. 13, Ins. 16-20) received in the chamber; a discharge channel 24 located at an upper portion of the sidewall which is selectively moveable between a closed position and an open position, such that a current of air generated by the device can drive the coffee beans through the discharge channel (col. 13, Ins. 16-20) when the discharge channel is in an open position; a heater 15 adapted to generate a heated current of air to roast the coffee beans; a control unit 17 for switching the apparatus between a roasting mode and a discharge mode; air inlets 22 in the chamber bottom to allow air to enter the chamber; a chaffs collector 52 arranged to collect chaffs of the coffee beans; a grinder 19 for grinding the coffee beans, wherein the grinder receives the coffee beans from chamber 12 as they are discharged through the channel 24 by way of the air fan 20 (col. 7, Ins. 29-32; col. 10, Ins. 6-65; col. 3, Ins. 8-13); and a beverage preparation machine 40 for preparing a beverage from the coffee beans.
Stordy further discloses:
(33) Now with reference to FIG. 7, the dosing chamber 32 is rotated into the aforementioned dosing configuration so that the coffee beans contained therein fall into the roasting chamber 12. Once the coffee beans have fallen into the roasting chamber 12 (as shown in FIG. 8) the dosing chamber 32 is rotated back into the aforementioned measuring configuration (either manually by a user, by means of a spring or by means of an electro-mechanical device such as a servo).
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From the above it is clear that Stordy discloses a discharge channel at 24 that can contain a dosing cup 32 which functions to open and close the discharge channel with respect to the chamber 12. It is further noted that the dosing cup 32 is disclosed at acting to open a discharge channel to allow beans to fall from the dosing cup 32 into roasting chamber 12. Fig. 11 further discloses that after roasting the beans are forced by air flow up and out of the chamber 12 through the channel 24. Since Stordy already discloses that the dosing cup 32 may serve to close off the discharge channel either manually by a user, by means of a spring or by means of an electro-mechanical device such as a servo, one of skill in the art would find it obvious to modify Stordy device to include a similar means to open the discharge channel when the beans have been sufficiently roasted to allow for the forced air transfer to the griding station while at the same time preventing loss of heat from the roasting chamber before a controlled discharge of roasted beans to the grinder.
3. (original) The apparatus according to claim 1, wherein the discharge port is manually moveable between the closed position and the open position, and the apparatus comprises a driving unit arranged to move the discharge port between the closed position and the open position.
(33) Now with reference to FIG. 7, the dosing chamber 32 is rotated into the aforementioned dosing configuration so that the coffee beans contained therein fall into the roasting chamber 12. Once the coffee beans have fallen into the roasting chamber 12 (as shown in FIG. 8) the dosing chamber 32 is rotated back into the aforementioned measuring configuration (either manually by a user, by means of a spring or by means of an electro-mechanical device such as a servo).
5. (original) The apparatus according to claim 1, wherein the device is adapted to generate a heated current of air to roast the coffee beans received by the chamber. See Figure 10
6. (original) The apparatus according to claim 1, wherein the apparatus comprises a control unit for switching the apparatus between a roasting mode and a discharging mode, wherein in the roasting mode the discharge port is in the closed position, and wherein in the discharging mode the discharge port is in the open position. See claim 1 and Fig. 9-11
7. (original) The apparatus according to claim 6, wherein in the roasting mode the apparatus is arranged to roast the coffee beans received by the chamber. See claim 1 and Fig. 9-11
8. (original) The apparatus according to claim 6, wherein in the discharging mode the apparatus is arranged to use the current of air generated by the device to drive the coffee beans through the discharge port to be discharged from the chamber-. See claim 1 and Fig. 11
9. (original) The apparatus according to claim 1, wherein at least a cross-section of the sidewall, which comprises the discharge port, has at least in part a circular or elliptical shape. See Fig. 1 showing the discharge port having a portion having a shape that is in part elliptical. See Fig. 2-3
10. (original) The apparatus according to claim 1, wherein the bottom comprises an air inlet, and wherein the device is arranged to blow air through said inlet in order generate the current of air inside of the chamber. See Figures 2-8
11. (original) The apparatus according to claim 1, wherein the top comprises an outlet that is selectively moveable between a closed position and an open position, wherein in the open position the outlet allows air to be discharged from the chamber. See reference to claim1, dosing cup 32 serving as an outlet that is selectively moveable between a closed position and an open position, wherein in the open position the outlet allows air to be discharged from the chamber
12. (original) The apparatus according to claim 1, further comprising a chaffs collector, wherein the chaffs collector is arranged to collect chaffs of the coffee beans. See Fig. 12
13. (currently amended) System comprising an apparatus for roasting coffee beans, the apparatus comprising:
a chamber in which coffee beans can be received for roasting,
a device for generating a current of air in order to agitate the coffee beans received by the
chamber, and wherein the chamber is defined by a bottom, a top, and a sidewall extending from the bottom to the top, wherein the sidewall comprises a discharge port, which is selectively moveable between a closed position and an open position, such that the current of air generated by the device can drive the coffee beans through the discharge port to be discharged from the chamber, when the discharge port is in the open position, wherein the discharge port is slidably, pivotably, and/or rotatably moveable between the closed position and the open position, and a further apparatus, wherein the further apparatus is functionally connected to the apparatus to process the coffee beans, which are discharged from the apparatus through the discharge port. See claim 1, mutatis mutandis
14. (original) System according to claim 13, wherein the further apparatus comprises a grinder for grinding the coffee beans, and a beverage preparation machine for preparing a beverage from the coffee beans. See Figs 1-12.
16. (new) The apparatus according to claim 1, wherein the discharge port comprises an opening in the side wall and a covering element (See dosing cup 32 as discussed above with reference to claim 1) that covers the opening in the closed position, wherein the sidewall is pivotably moveable such that the opening is at least partially uncovered in the open position.
17. (new) The apparatus according to claim 16, wherein the side wall comprises teeth arranged on the side wall, and the apparatus further comprises a driving unit that meshes with the teeth to drive rotational movement of the sidewall. Note that Stordy discloses the use of an electro-mechanical device such as a servo to rotate the dosing cup from open to closed position, the use of gear teeth meshing with a servo motor to accomplish the rotation of the of the dosing cup as disclosed would have been obvious to one of skill in the art as the use of such gear teeth mechanisms would be well understood by the artisan to be suitable for the intended purpose.
18. (new) The apparatus according to claim 17, wherein the side wall further comprises a coffee bean insertion port, a chaffs port, or a combination thereof. Note the port in the side wall can be read as comprises a coffee bean insertion port, a chaffs port, or a combination thereof.
Allowable Subject Matter
Claims 2, 19-20 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-14 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 THOR S CAMPBELL whose telephone number is (571)272-4776. The examiner can normally be reached M,W-F 6:30-10:30, 12-4.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at 5712705569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOR S CAMPBELL/
Primary Examiner
Art Unit 3761
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