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
The claim to priority as a 371 filing of PCT/EP2021/070637, filed on July 23, 2021, which claims benefit to EP 20187613.3, filed on July 24, 2020 is acknowledged in the instant application.
Information Disclosure Statement
The Information Disclosure Statement filed on January 23, 2023 and January 30, 2023 have been considered by the Examiner.
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: reference “91” and “122b”. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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.
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: “support surface 81”. 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
The abstract of the disclosure is objected to because it is more than 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).
Claim Objections
Claim 9 is objected to because of the following informalities: the term “from a or said water source” in line 16 should be changed to “from said water source”. 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 closure part configured to close and open the ingredient open” in claims 1 and 12.
“a waste ingredient remover configured to remove a waste ingredient” in claim 8.
“said control unit is configured to control a preconditioning of the flavouring ingredient by: …” in claim 9
“the control unit is configured to control via said at least one actuator” in claim 10
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.
Claims 5 and 9-11 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.
Claim 5 recites the limitation "said wall part actuator" in line 2. There is insufficient antecedent basis for this limitation in the claim
Claim 9 recites the limitation "said control unit" in line 11. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "said liquid driver" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-2, 5-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Radhakrishnan et al. (US Pub. 2016/0157663) (new cited).
Regarding claims 1 and 12, Radhakrishnan et al. discloses a brewer with compact force activation having a machine (Fig. 1) for handling a flavouring ingredient (Par. 22 and 24, 114) and preparing a beverage therefrom (Par. 24) and serving the beverage via a dispensing outlet (230) to a consumer receptacle (Par. 23, cup) by mixing water from a water source (Par. 21, heat water system 106) including a mixing unit that comprises: a support (Par. 17, frame 34) that is stationary during the handling of the flavoring ingredient (114); a seat (Fig. 1; Par. 25, cavity 130) configured to receive the flavouring ingredient (114) unwrapped before mixing with the water (Par. 33, “pressurized water”); a closure part (Fig. 1, Par. 26-27, 142 face of the piston 52) configured to close and open the ingredient opening (Fig. 1, mouth 116); a wall part (Fig. 1, Par. 28, 52) that is movable inside the seat (130), the seat (130), the closure part (142) and the wall part (52) being: directly or indirectly mounted to the support (Fig. 1, 34); ; and relatively movable between: a transfer configuration for supplying the flavoring ingredient (114) into the seat (130) and removing such ingredient upon beverage preparation (Par. 24 and 36); and a mixing chamber configuration (Fig. 1; Par. 30, the piston engage with the seat 130) in which the heat (130) and the closure part (142) and the wall part (52) form a mixing chamber fluidically connected with the water source (160), during beverage preparation, the flavouring ingredient (114) being mixed with the water (Par. 33, pressurize water) in the mixing chamber to form the beverage prior to serving thereof via the dispensing outlet (Par. 40, 230), the closure part (142) comprises a closure holder (Par. 27, annual groove) and peripheral sealing member (Par. 27, compressible gasket, O-ring 150) displaceably mounted on the holder and urged away from the holder against the seat (130) (Fig. 1).
Regarding claim 2, Radhakrishnan et al. discloses the mixing unit comprises a closure seal (Fig. 4; Par. 27, leading edge 154) which is located between the closure part (142) and the seat (130) so that the closure seal (154) is surge between the seal and the closure part (142) in a direction that is substantially parallel to a direction of opening and closing the seat (130) by the closure part (142).
Regarding claim 5, Radhakrishnan et al. discloses the mixing unit comprises the wall part actuator (Fig. 1; Par. 36, motor 80) that is connected to the wall part by a wall part transmission Fig. 1; Par. 37, drive mechanism 42 and lead screw 74).
Regarding claim 6, Radhakrishnan et al. discloses the support (Fig. 1, frame 34) and the seat (130) are connected by a guide-rail arrangement (Fig. 1, 64 and 170) that is stationary relative to the support and a guide-rail counter-member (Fig. 1, 66) that is stationary relative to the seat (130).
Regarding claim 7, Radhakrishnan et al. discloses the guide-rail arrangement (Fig. 1, 64 and 170) has a first guide-rail section (64) and a second guide-rail section (170) that is different to the first guide-rail section (Fig. 1).
Regarding claim 8, Radhakrishnan et al. discloses the mixing unit comprises a waste ingredient remover (Fig. 7; Par. 36, chute/wiper 36 cause a blade portion 262 to sweep across the face 140 of the second piston 56 thereby ejecting or disposing of the puck 246) configured to remove a waste ingredient from the ingredient opening upon beverage preparation.
Regarding claim 9, Radhakrishnan et al. discloses after an introduction into the seat's ingredient opening (Fig. 1, 116) in the transfer configuration (Par. 24, piston is positioned outside of the brewing chamber to receive the brewing ingredient in the chamber) of at least one solid portion of a self-supporting agglomerate of the flavouring ingredient (114) and subsequent relative movement from the transfer configuration (the piston 52 is engaged with the seat 130 and the closure part 142 to form a mixing chamber) into the mixing chamber configuration and prior to serving the beverage via the dispensing outlet (230), a control unit (Par. 20, controller 90) is configured to control a preconditioning of the flavouring ingredient (Par. 19-20, the controller of the invention controls the movement of the invention into each configuration and the processing of the ingredient when contained in the seat) by: a portion break-up relative movement of the seat and the closure part and the wall part (Par. 30, compaction and compression); and a portion loosening supply of water from the water source (106) into the mixing chamber.
Regarding claim 10, Radhakrishnan et al. discloses the controller unit (90) is configured to control via the at least one actuator (Fig. 1, motor 80) the break-up relative movement between the wall part (Fig. 1, 52) and the closure part (Fig. 1, 142) so as to exercise a compression force (Par. 30, compaction and compression) onto the solid portion(s) between the closure and wall parts to break-up the solid portion(s).
Regarding claim 11, Radhakrishnan et al. discloses the controller unit (90), to control the preconditioning of the flavoring ingredient (114), controls the liquid driver (Fig. 1-2, inlet line 220).
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Radhakrishnan et al. (US Pub. 2016/0157663) in view of Tilton (US Pub. 20019/0038065) (new cited).
Regarding claim 3, Radhakrishnan et al. discloses substantially all features of the claimed invention as set forth above except the mixing chamber is in fluid communication with a valve configured to release pressure from the mixing chamber when containing the flavouring ingredient prior to driving the water into the mixing chamber for mixing with the flavouring ingredient. Tilton discloses the mixing chamber (110) is in fluid communication with a valve (valve assembly 120) configured to release pressure from the mixing chamber (110) when containing the flavouring ingredient (10) prior to driving the water (20) into the mixing chamber for mixing with the flavouring ingredient (Abstract; Fig. 7-8). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Radhakrishnan et al., 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, as taught by Tilton, for the purpose of releasing pressure from the mixing chamber when a threshold pressure is reached and further control the brewing process in order to create the desire beverage.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Radhakrishnan et al. (US Pub. 2016/0157663) in view of De’Longhi (US Pub. 20016/0157663) (new cited).
Regarding claim 4, Radhakrishnan et al. discloses substantially all features of the claimed invention as set forth above including the seat (130) except the seat is configured to move relatively to the support according to simultaneous and/or successive geometric translation and geometric rotation. De’Longhi discloses the seat (Fig. 1; Par. 45, container 2) is configured to move relatively to the support (Fig. 1 shows a frame or housing) according to simultaneous and/or successive geometric translation and geometric rotation (Par. 73, “translation” and “rotation”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Radhakrishnan et al., the seat is configured to move relatively to the support according to simultaneous and/or successive geometric translation and geometric rotation, as taught by De’Longhi, for the purpose of “realize a machine that can be washed easily and without the risk of damaging the components and parts are all easily accessible”.
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 1-2, 5 and 8-12 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4 and 6-12 of copending Application No. 18/006,478 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the copending claims anticipate the instant claims.
Instant application 18/006,480
Copending application 18/006,478
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 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, 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 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 closure part comprises a closure holder and a peripheral sealing member displaceably mounted on the holder and urged away from the holder against the seat.
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 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 ; 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 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 seat is configured to move relatively to the support according to simultaneous and successive geometric translation and geometric rotation.
8. The machine of claim 1, wherein the closure part comprises a peripheral sealing member displaceably mounted on a closure holder and urged away from the holder against the seat
2. 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 closing the seat by the closure part.
7. 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.
5. 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.
4. 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.
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.
6. The machine of claim 1, wherein the mixing unit comprises a waste ingredient remover configured to remove a waste ingredient from the ingredient opening.
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; and a portion loosening supply of water from a or said water source into the mixing chamber.
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 ; and a portion loosening supply of water from a or said 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).
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.
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 by mixing water from a water source including a mixing unit that comprises: a support 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, 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 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 closure part comprises a closure holder and a peripheral sealing member displaceably mounted on the holder and urged away from the holder against the seat and a flavouring ingredient for preparing said beverage in the machine.
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 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, 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 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 seat is configured to move relatively to the support according to simultaneous and successive geometric translation and geometric rotation and a flavouring ingredient for preparing said beverage in the machine.
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 HUNG D NGUYEN whose telephone number is (571)270-7828. The examiner can normally be reached Mon-Fri 9AM - 9PM.
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/HUNG D NGUYEN/Primary Examiner, Art Unit 3761
HUNG D. NGUYEN
Primary Examiner
Art Unit 3761