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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 91 (fig. 1), and 122b (fig. 2; this may be supposed to be 112b).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 112b.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The abstract of the disclosure is objected to because it far exceeds the recommended word limit of 150 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The disclosure is objected to because of the following informalities:
Page 5, line 32, should be amended to replace “such an arrangements” with “such an arrangement.”
Claim Objections
Claims 2–12 are objected to because of the following informalities:
The last section of the body of each of claims 1 and 12 should be amended to begin with the word “wherein.”
Claim 4, line 10, should be amended to recite “either of.”
In claim 8 on lines 2–3, the colon should be removed and the sections should be joined as one.
Claims 2, 3, 5–7, and 9–11 are objected to due to dependency upon an objected-to claim.
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 1–12 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 the inventor or a joint inventor regards as the invention.
Regarding claims 1, 3, 4, and 12, the phrases “such as” and “for instance” renders each claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 1 recites “the ingredient opening” (l. 16), but this limitation lacks antecedent basis. The claim should also be amended to specify that the ingredient opening is part of the seat.
Claim 1 recites “the guide-rail counter-member arrangement” (the last section of the claim), but this limitation lacks antecedent basis.
Claim 5 recites “said wall part actuator” (l. 2), but this limitation lacks antecedent basis.
Claim 8 recites that “the ingredient opening has a or said rim,” but there is no antecedent basis for any “said rim.”
The preamble of claim 12 provides that it’s directed to “a combination.” However, the preamble only defines the combination as “a machine,” which is a single element and therefore not a proper combination. Only after repeating the subject matter of claim 1 does the claim, at an undistinguished part of the end of the claim, mention that there is also a flavoring ingredient. Applicant should amend the claim to make clear that the combination is of the machine and the flavoring ingredient. Applicant may choose to take advantage of MPEP § 2173.05(f) and incorporate the subject matter of claim 1 that is repeated in claim 12 by mentioning the machine of claim 1 in the body of the claim.
Claims 2, 6, 7, and 9–11 are rejected due to dependency upon a rejected claim.
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 1–3, 6, 7, 11, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tio (US Pat. 5,964,142).
Claims 1 and 12: Tio discloses a machine (1) for handling a flavouring ingredient and preparing a beverage therefrom (title, “Coffee”) and serving said beverage via a dispensing outlet (9) to a consumer receptacle (said outlet would be capable of delivering said beverage to a consumer receptacle) by mixing water from a water source (8) having a mixing unit comprising:
a support (2a, 2b) that is stationary during said handling of said flavouring ingredient;
a seat (21);
a closure part (12) configured to close and open the ingredient opening;
a wall part (31) that is movable inside the seat;
the seat, the closure part and the wall part being:
directly or indirectly mounted to the support (evident from the figures); and
relatively movable between: a transfer configuration (fig. 2) for supplying said flavouring ingredient into the seat and/or removing such ingredient upon beverage preparation; and a mixing chamber configuration (fig. 4) 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 (see col. 2, ll. 41–46 and col. 4, ll. 18–19),
the support and the seat being connected by a guide-rail arrangement, the guide-rail arrangement has a first guide-rail section (26a) and a second guide-rail section (28a) that is different to the first guide-rail section, and in that the guide-rail counter-member arrangement has a first guide-rail counter-member (25a) cooperating with the first guide-rail section and a second guide-rail counter-member (27) cooperating with the second guide-rail section 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 (evident from the figures, in particular the sequence shown in figs. 2–5).
Claim 2: Tio discloses that the second guide-rail counter-member and at least a portion of the second guide-rail section are configured to move relatively to one another along a direction that is non-parallel (evident from 30).
Claim 3: Tio discloses that the seat is configured to move relatively to the support according to simultaneous and/or successive geometric translation and geometric rotation (the sequence shown by figs. 2–5 show both simultaneous and successive geometric translation and rotation); and by simultaneous geometric translation and geometric rotation into and out of the transfer configuration (ibid.).
Claim 6: Tio discloses that the mixing unit comprises a waste ingredient remover configured to remove a waste ingredient (see the part which would scrape along 31 from the position in fig. 5 to fig. 2).
Claim 7: Tio discloses that, 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 (see this done when moving from the fig. 5 position to the fig. 2 position, which is the transfer configuration).
Claim 11: Tio discloses that, 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 (in fig. 2) 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 (from figs. 3 to 4, where the coffee is compressed by relative movement of the seat, closure part, and wall part).
Claims 1, 4, 5, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wu et al. (CN 110236398 A).
Claims 1 and 12: Wu discloses a machine (1) for handling a flavouring ingredient and preparing a beverage therefrom (“coffee”) and serving said beverage via a dispensing outlet (330) to a consumer receptacle (said outlet would be capable of delivering said beverage to a consumer receptacle) by mixing water from a water source (430) having a mixing unit comprising:
a support (100, 200) that is stationary during said handling of said flavouring ingredient;
a seat (400);
a closure part (320) configured to close and open the ingredient opening;
a wall part (420) that is movable inside the seat (cf. figs. 11 and 12);
the seat, the closure part and the wall part being:
directly or indirectly mounted to the support (see e.g. fig. 4); and
relatively movable between: a transfer configuration (fig. 9) for supplying said flavouring ingredient into the seat and/or removing such ingredient upon beverage preparation; and a mixing chamber configuration (fig. 11) 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 (clearly evident from 430),
the support and the seat being connected by a guide-rail arrangement, the guide-rail arrangement has a first guide-rail section (110) and a second guide-rail section (120) that is different to the first guide-rail section, and in that the guide-rail counter-member arrangement has a first guide-rail counter-member (412) cooperating with the first guide-rail section and a second guide-rail counter-member (413) cooperating with the second guide-rail section 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 (evident from the figures, in particular the sequence shown in figs. 9–12).
Claim 4: Wu discloses that the seat has a first pivot (412) and a second pivot (413) spaced apart from the first pivot, the counter-member arrangement forming for instance the first and second pivots, 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 (see figs. 8A and 8B); 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 (see figs. 8B through 8E).
Claim 5: Wu discloses that the mixing unit comprises said wall part actuator (30) that is connected to the wall part by a wall part transmission (510, 520).
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Tio as applied to claim 1 above, and further in view of Park (US Pub. 2004/0177761).
Claim 9: Tio does not seem to explicitly disclose that its mixing unit comprises a closure seal, although it seems to depict an unlabeled seal-like element around 10.
Nonetheless, such a seal is already known in the art, as taught by Park, which discloses a mixing unit (including 130) comprising a closure seal (138).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to implement the closure seal taught by Park onto the mixing unit of Tio to prevent fluid leaks.
Claim 10: Tio does not disclose that its closure part comprises a peripheral sealing member, although it seems to depict something like that as an unlabeled element around 10.
Nonetheless, such a sealing member is already known in the art, as taught by Park, which discloses a closure part (130) comprising a peripheral sealing member (138).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to add the peripheral sealing member taught by Park to the closure part of Tio to prevent fluid leaks.
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.
Claims 1, 6, and 7 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 7, and 8 of copending Application No. 18/006,060 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the reference claims disclose, or render obvious, every element of the pending claims.
Pending Claims
Reference Claims
Claim 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 by mixing water from a water source having a mixing unit comprising:
a support, such as a frame and/or housing, that is stationary during said handling of said flavouring ingredient;
a seat
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,
the support and the seat being connected by a guide-rail arrangement,
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, for instance the first and second guide-rail sections extending along different directions and/or forming guiding profiles of different shapes, and in that the guide-rail counter-member arrangement has a first guide-rail counter-member cooperating with the first guide-rail section and a second guide-rail counter-member cooperating with the second guide-rail section 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.
Claim 6: The machine of claim 1, wherein the mixing unit comprises a waste ingredient remover configured to remove a waste ingredient.
Claim 7: The machine of claim 6, 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.
Claim 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.
Claim 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.
Claim 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.
The reference claims do not mention any first and second guide-rail counter-members. However, this would naturally follow from the guide-rail and guide-rail counter-member arrangements, as well as the first and second guide-rail sections, of the reference claims.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, and 5 of copending Application No. 18/006,483 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the reference claims disclose, or render obvious, every element of the pending claims.
Pending Claims
Reference Claims
Claim 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 by mixing water from a water source having a mixing unit comprising:
a support, such as a frame and/or housing, that is stationary during said handling of said flavouring ingredient;
a seat
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,
the support and the seat being connected by a guide-rail arrangement,
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, for instance the first and second guide-rail sections extending along different directions and/or forming guiding profiles of different shapes, and in that the guide-rail counter-member arrangement has a first guide-rail counter-member cooperating with the first guide-rail section and a second guide-rail counter-member cooperating with the second guide-rail section 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.
Claim 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 by mixing water from a water source including a mixing unit that comprises:
a support, such as a frame and/or housing, that is stationary during said handling of said flavouring ingredient;
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 by a wall part actuator,
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 wall part actuator is connected to the wall part by a wall part transmission having first and second linear drives arranged in parallel on opposite sides of the wall part.
Claim 4: 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.
Claim 5: The machine of claim 4, 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 and wherein the guide-rail counter-member arrangement has a first guide-rail counter-member cooperating with the first guide-rail section and a second guide-rail counter-member cooperating with the second guide-rail section 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.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6, and 7 of copending Application No. 18/006,181 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the reference claims disclose, or render obvious, every element of the pending claims.
Pending Claims
Reference Claims
Claim 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 by mixing water from a water source having a mixing unit comprising:
a support, such as a frame and/or housing, that is stationary during said handling of said flavouring ingredient;
a seat
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,
the support and the seat being connected by a guide-rail arrangement,
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, for instance the first and second guide-rail sections extending along different directions and/or forming guiding profiles of different shapes, and in that the guide-rail counter-member arrangement has a first guide-rail counter-member cooperating with the first guide-rail section and a second guide-rail counter-member cooperating with the second guide-rail section 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.
Claim 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 that is stationary during said handling of said flavouring ingredient and optionally during beverage preparation and/or beverage serving;
a seat;
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 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.
Claim 6: 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.
Claim 7: The machine of claim 6, 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, and wherein the guide-rail counter-member arrangement has a first guide-rail counter-member cooperating with the first guide-rail section and a second guide-rail counter-member cooperating with the second guide-rail section 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.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1, 9, and 10 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6, and 7 of copending Application No. 18/006,170 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the reference claims disclose, or render obvious, every element of the pending claims.
Pending Claims
Reference Claims
Claim 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 by mixing water from a water source having a mixing unit comprising:
a support, such as a frame and/or housing, that is stationary during said handling of said flavouring ingredient;
a seat
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,
the support and the seat being connected by a guide-rail arrangement,
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, for instance the first and second guide-rail sections extending along different directions and/or forming guiding profiles of different shapes, and in that the guide-rail counter-member arrangement has a first guide-rail counter-member cooperating with the first guide-rail section and a second guide-rail counter-member cooperating with the second guide-rail section 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.
Claim 9: The machine of claim 1, wherein the mixing unit comprises a closure seal.
Claim 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 that is stationary during said handling of said flavouring;
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 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.
Claim 6: 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, such as an arrangement that is fixed to or integral with the support and/or an arrangement that is fixed to or integral with the seat.
Claim 7: The machine of claim 6, 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, and wherein the guide-rail counter-member arrangement has a first guide-rail counter-member cooperating with the first guide-rail section and a second guide-rail counter-member cooperating with the second guide-rail section 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.
Claim 10: The machine of claim 1, wherein the closure part comprises a peripheral sealing member.
The reference claims do not explicitly mention that the closure part comprises a peripheral sealing member.
However, reference claim 1 mentions that “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.”
Given the parallel positioning of the closure seal, one of ordinary skill in the art would intuit that it would need a peripheral position to surround an inner part.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
Claim 8 would be allowable if rewritten to overcome the objections, as well as the rejection(s) under 35 U.S.C. 112(b), set forth in this Office action, and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 8, the claimed “removal plane” is understood to be the plane formed by the ingredient opening rim when the remover (of claim 6) is used, most appreciable from viewing submitted figs. 9–15. Prior art with a guide-rail arrangement and guide-rail counter-member arrangement as claimed do not show or render obvious, alone or in combination with analogous prior art, an apparatus where the ingredient opening and remover move into and out of the transfer configuration without passing through this removal plane.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
De’ Longhi (US Pub. 2010/0186598), Nicolini (US Pub. 2005/0199128), De’Longhi et al. (US Pub. 2014/0373724), Arcelus (WO 03/043471 A1), and Torma (EP 0486433 A1) disclose prior art with at least similar guide rail arrangements.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to John J. Norton whose telephone number is (571) 272-5174. The examiner can normally be reached 9:00 AM to 5:00 PM EST.
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, Edward F. Landrum can be reached at (571) 272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOHN J NORTON/Primary Examiner, Art Unit 3761