Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. DETAILED ACTION Claim Objections The following claim(s) is/are objected to because of the following informalities: In claim 1, “the water source” should be changed to “[[the ]] a water source” In claim 1, “ the seat's ingredient opening ” should be changed to “ an the seat's ingredient opening of the seat ” In claim 1, “ from a or said water source ” should be changed to “from [[a or]] 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 control unit ” in claims 1-3 and 12 , invoking 112(f), according to the specification [0029] being a controller, a processor, a printed circuit board, a mem ory, a user-interface, and a power manager , or equivalents thereof. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. This application includes one or more claim limitations that use the word “means” or “step” or a generic placeholder but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “a mixing unit ” in claims 1 and 12 does not invoke 112(f) because the term “mixing” is broadly interpreted to be a structure such as a mixer or a container for mixing. Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof. If applicant intends 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 remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function. 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 appl icant regards as his invention. Claim(s) 1 -12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claims 1 and 12, the phrase "such as" in the limitation “ a support, such as a frame and/or housing ” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-3, 6, 8, and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Masciandaro (US 20100112165 A1). Regarding claim 1 Masciandaro disclose a machine (machine in Fig 1, mixing unit 11 in Figs 2A-F) for handling a flavouring ingredient (coffee from hopper 36, Fig 2D, [0032]) and preparing a beverage (coffee) therefrom and serving said beverage via a dispensing outlet (outlet at pipe 12, Fig 2D) to a consumer receptacle (cup to receive coffee in Fig 2D) including a mixing unit (infusion unit 11, Figs 2A-D) that comprises: a support (housing of mixing unit 11), such as a frame and/or housing, that is stationary during said handling of said flavouring ingredient ( support housing of mixing unit 11 is stationary during handling and brewing of coffee); a seat (33A) configured to receive said flavouring ingredient (coffee in Fig 2D) unwrapped before mixing with said water (seat 33A receives coffee from hopper 36 in an open position before adding water , Fig 2D); a closure part (33B) configured to close and open the ingredient opening (open position in Fig 2D and close position in Fig 2E); a wall part (moving element 41, [0034 middle]) that is movable inside the seat (wall part 41 slides inside seat 33A, Figs 2D-F, [0036 middle]), the seat (33A), the closure part (33B) and the wall part (41) being: directly or indirectly (broadly interpreted that the components are position ed within the support) mounted to the support (seat 33A, closure part 33B and wall part 41 are positioned within the housing support of mixing unit 11); and relatively movable between: a transfer configuration (Fig 2D) for supplying said flavouring ingredient into the seat (supplying coffee into seat 33A) and/or removing such ingredient upon beverage preparation (Fig 2F, discharge ground coffee F, [0050]); and a mixing chamber configuration (Fig 2E where coffee and water are mixing together) in which the seat (33A) and the closure part (33B) and the wall part (41) form a mixing chamber ( inner compartment 35 construed as a mixing chamber, Figs 2A-B, [0034 top] ) fluidically connected with the water source (water is fed through pipe 13 during the infusion step, [0034 bottom]), during beverage preparation (Fig 2E), said flavouring ingredient (coffee) being mixed with said water (water from pipe 13) in the mixing chamber (35) to form said beverage prior to serving thereof via the dispensing outlet (outlet of pipe 12), such machine comprising a control unit ( invoking 112f, control unit 31, Fig 1, [0029], a programmed control unit controls the dispensing cycles and a hydraulic circuit is provided to feed the hot water to the infusion chamber, Para 0003 bottom); the control unit (31) is configured to control a preconditioning of the flavouring ingredient (hot water is supplied via pump 7 into boiler 3 and into the pipe 13, [0049], where the control unit 31 controls the boiler 3, pump 7, and valves, [0029 top], water flows from pipe 13 to the mixing chamber 35 to infuse with the coffee , this is construed as preconditioning of the flavouring ingredient/coffee ) 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 (hot water is supplied to the seat 33A after introducing one solid portion of coffee from hopper 36 through the ingredient opening , Fig 2D) and subsequent relative movement from the transfer configuration (Fig 2D) into the mixing chamber configuration (Fig 2E) and prior to serving said beverage the dispensing outlet (outlet of pipe 12 in Fig 2E), wherein said preconditioning of the flavouring ingredient comprises: a portion loosening supply of water (water supplied via pipe 13, [0034 bottom]) from a or said water source (pipe 13) into the mixing chamber (35). Regarding claim 2 Masciandaro discloses th e machine of claim 1 . Masciandaro further discloses wherein the control unit (31 Fig 1), to control the preconditioning of the flavouring ingredient (preconditioning the ingredient/coffee is construed to be adding the coffee from hopper 36 to mixing chamber 35, Fig 2D), controls said liquid driver (pump 7, Fig 1, where the control unit 31 causes the pump 7 to feed of hot water from boiler 3 directly into the pipe 13, [0049 bottom]) for thermal conditioning to a temperature corresponding substantially to a water temperature during beverage preparation (feeding hot water from pipe 13 to the chamber 35 during infusion, Fig 2E) and serving of the beverage via the dispensing outlet (coffee is served via outlet 12 in Fig 2E), to supply said portion loosening supply of water (water supplied via pipe 13, [0034 bottom]). Regarding claim 3 Masciandaro discloses th e machine of claim 1 . Masciandaro further discloses wherein the control unit (31 Fig 1) is configured to control via said at least one actuator (mechanism 47, Figs 2A-F, [0036]) said break-up relative movement between the wall part (41) and the closure part (33B) so as to exercise a compression force (mechanism 47 causes the wall part 41 to slide inside seat 33A and chamber 35 towards closure part 33B during the compacting cycle, [0036], where the compacting cycle exerts a compression force, as seen in Fig 2E) onto the solid portion(s) between the closure and wall parts to break-up the solid portion(s) (coffee). Regarding claim 6 Masciandaro discloses th e machine of claim 1 . Masciandaro further discloses wherein the mixing unit (11, Figs 2A-F) comprises said wall part actuator (mechanism 47, Figs 2A-F [0036]) that is connected to the wall part (41) by a wall part transmission (mechanism 47 includes sliders and pivots as annotated in Fig 2D-E, the sliders and pivots are interpreted to be a transmission since they transmit movement to the wall part 41 and seat 33A). Regarding claim 8 Masciandaro discloses th e machine of claim 1 . Masciandaro further discloses wherein the mixing unit (11 Fig 2F) comprises a waste ingredient remover (chute 37, [0033]) configured to remove a waste ingredient (coffee F discarded via chute 37). Regarding claim 12 Masciandaro disclose a combination of a machine (machine in Fig 1, mixing unit 11 in Figs 2A-F) for handling a flavouring ingredient (coffee from hopper 36, Fig 2D, [0032]) and preparing a beverage (coffee) therefrom and serving said beverage via a dispensing outlet (outlet at pipe 12, Fig 2D) to a consumer receptacle (cup to receive coffee in Fig 2D) including a mixing unit (infusion unit 11, Figs 2A-D) that comprises: a support (housing of mixing unit 11), such as a frame and/or housing, that is stationary during said handling of said flavouring ingredient (housing of mixing unit 11 is stationary during handling of coffee brewing); a seat (33A) configured to receive said flavouring ingredient (coffee in Fig 2D) unwrapped before mixing with said water (seat 33A receives coffee from hopper 36 in an open position, Fig 2D); a closure part (33B) configured to close and open the ingredient opening (open position in Fig 2D and close position in Fig 2E); a wall part (moving element 41, [0034 middle]) that is movable inside the seat (wall part 41 slides inside seat 33A, Figs 2D-F, [0036 middle]), the seat (33A), the closure part (33B) and the wall part (41) being: directly or indirectly (broadly interpreted that the components are positioned within the support) mounted to the support (seat 33A, closure part 33B and wall part 41 are positioned within the housing support of mixing unit 11); and relatively movable between: a transfer configuration (Fig 2D) for supplying said flavouring ingredient into the seat (supplying coffee into seat 33A) and/or removing such ingredient upon beverage preparation (Fig 2F, discharge ground coffee F, [0050]); and a mixing chamber (inner compartment 35 construed as a mixing chamber, Figs 2A-B, [0034 top]) configuration in which the seat (33A) and the closure part (33B) and the wall part (41) form a mixing chamber (35, Figs 2A-F) fluidically connected with the water source (water is fed through pipe 13 during the infusion step, [0034 bottom]), during beverage preparation (Fig 2E), said flavouring ingredient (coffee) being mixed with said water (water from pipe 13) in the mixing chamber (35) to form said beverage prior to serving thereof via the dispensing outlet (outlet of pipe 12), such machine comprising a control unit ( invoking 112f, control unit 31, Fig 1, [0029], a programmed control unit controls the dispensing cycles and a hydraulic circuit is provided to feed the hot water to the infusion chamber, Para 0003 bottom); the control unit (31) is configured to control a preconditioning of the flavouring ingredient (hot water is supplied via pump 7 into boiler 3 and into the pipe 13, [0049], where the control unit 31 controls the boiler 3, pump 7, and valves, [0029 top], water flows from pipe 13 to the mixing chamber 35 to infuse with the coffee , this is construed as preconditioning of the flavouring ingredient/coffee ) 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 (hot water is supplied to the seat 33A after introducing one solid portion of coffee from hopper 36 through the ingredient opening , Fig 2D) and subsequent relative movement from the transfer configuration (configuration of Fig 2D) into the mixing chamber configuration (configuration of Fig 2E) and prior to serving said beverage the dispensing outlet (outlet of pipe 12 in Fig 2E), wherein said preconditioning of the flavouring ingredient comprises: a portion loosening supply of water (water supplied via pipe 13, [0034 bottom]) from a or said water source (pipe 13) into the mixing chamber (35), and a flavouring ingredient (coffee from hopper 36) for preparing said beverage in the machine (mixing unit 11 of the machine). Claim(s) 1, 4-5, 7, and 9-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by De’Longhi (US 20140373724 A1) FILLIN "Insert the prior art relied upon." \d "[ 4 ]" . Regarding claim 1 De’Longhi discloses a machine (coffee machine 1 in Fig 1) for handling a flavouring ingredient (coffee) and preparing a beverage (coffee) therefrom and serving said beverage via a dispensing outlet (coffee is discharged after infusion via holes 63, 64, [0058], for conveying the infusion of coffee towards a remote dispenser not shown, [0056]) to a consumer receptacle (a coffee cup) including a mixing unit (assembly in Figs 5-11 is construed to be the mixing unit) that comprises: a support (shell 9, [0019]), such as a frame and/or housing (shell 9 is a housing), that is stationary during said handling of said flavouring ingredient (support shell 9 is stationary during coffee infusion ); a seat (sidewall of infusion mixing chamber 4, annotated in Fig 5) configured to receive said flavouring ingredient unwrapped (coffee) before mixing with said water (coffee from loader 6 received inside the seat); a closure part (closing piston 3, [0021]) configured to close and open the ingredient opening (opening of infusion chamber 4 to receive the coffee, annotated in Fig 5); a wall part (ejection piston 5, [0023]) that is movable inside the seat (piston 5 movable inside the seat), the seat (seat in chamber 4), the closure part (3) and the wall part (5) being: directly or indirectly mounted (broadly interpreted to position within the support) to the support (the seat, closure part, and wall part are all secured within the support 9); and relatively movable between: a transfer configuration (Fig 5) for supplying said flavouring ingredient into the seat and/or removing such ingredient upon beverage preparation (coffee from loader 6 is transferred to the chamber 4 to prepare the beverage); and a mixing chamber configuration (Fig 7) in which the seat and the closure part and the wall part form a mixing chamber (infusion chamber 4) fluidically connected with the water source (for the infusion, i.e. mixing configuration, an internal conduit 70 of the closing piston 3 is supplied with a flow of water expressly heated by a heater unit, [0072]), during beverage preparation, said flavouring ingredient (coffee) being mixed with said water (heated water from conduit 70) in the mixing chamber (4) to form said beverage prior to serving thereof via the dispensing outlet (coffee is discharged after infusion via holes 63, 64, [0058], for conveying the infusion of coffee towards a remote dispenser not shown, [0056]), such machine comprising a control unit ( invoking 112f, water is heated by a heater unit and the heated water is injected via conduit 70 for infusion of the coffee, [0072] , this indicates that there is a command from a controller for hot water to be injected into conduit 70 and this controller is interpreted to be equivalent to the claimed control unit ); the control unit is configured to control a preconditioning of the flavouring ingredient (injecting hot water into the infusion chamber 4 after receiving the ingredient/coffee from loader 6, Figs 5-7 , this is construed as a precondition for the coffee ) after an introduction into the seat's ingredient opening in the transfer configuration of at least one solid portion of a self-supporting agglomerate of said flavouring ingredient ( one solid portion of coffee is introduced into the seat via the ingredient opening in the transfer configuration in Fig 5 ) and subsequent relative movement from the transfer configuration (Figs 6-7) into the mixing chamber configuration (mixing chamber 4 for infusion of coffee in Fig 6 , annotated in Fig 5 ) and prior to serving said beverage the dispensing outlet (outlet at holes 63, 64 to a remote dispenser, [0056]), wherein said preconditioning of the flavouring ingredient comprises: a portion loosening supply of water from a or said water source (hot water is injected via conduit 70 for infusion of the coffee, [0072]) into the mixing chamber (4). 742950 408305 0 0 Regarding claim 4 De’Longhi discloses t he machine of claim 1 . De’Longhi further discloses wherein the seat (seat annotated in Fig 5) is configured to move relatively to the support (support 9) according to simultaneous and/or successive geometric translation (seat moves with infusion chamber 4 up and down, i.e. translation, Figs 6-7) and geometric rotation (seat rotates with infusion chamber 4, Figs 5-6). Regarding claim 5 De’Longhi discloses t he machine of claim 4. De’Longhi further discloses wherein the seat has a first pivot and a second pivot (first pivot 41 and second pivot 36, Fig 7, [0074], annotated in Fig 11) spaced apart from the first pivot, the seat being configured such that, to move from the mixing chamber configuration (mixing chamber configuration in Fig 7) to the transfer configuration (transfer configuration in Fig 12, which is similar to the transfer configuration in Fig 5): in a first step (Figs 8-9), the first and second pivots move relatively to the support along a single straight direction (first and second pivots move along control cam 32, [0074], where the seat, infusion chamber 4 and piston 5 translate along a straight direction) or along parallel directions to move out of the mixing chamber configuration (piston 5 moves out of the mixing configuration in Fig 9); and then in a second step (Figs 10-12), the first and second pivots move simultaneously along first and second directions (first and second pivots move at the same time along a downward/first direction and a sideway/second direction, annotated in Fig 11). Regarding claim 7 De’Longhi discloses t he machine of claim 1 . De’Longhi further discloses wherein the support (shell 9, Fig 7) and the seat (seat annotated in Fig 7) are connected by a guide-rail arrangement (guide-rail being the path where pins 41, 36 and rocker 32 are sliding from Figs 5-12). Regarding claim 9 De’Longhi discloses t he machine of claim 1 . De’Longhi further discloses wherein the mixing unit (Fig 7) comprises a closure seal (closure seals being rings annotated in Fig 7), which is located between the closure part (3 annotated in Fig 7) and the seat (seat annotated in Fig 7) when closed by the seat so that the closure seal is urged between the seat and the closure part (closure seal rings urges between the seat and closure part in engagement seen in Fig 7) in a direction that is substantially parallel to a direction of opening and/or closing the seat by the closure part (parallel to the direction of closing the seat by the closure part). Regarding claim 10 De’Longhi discloses t he machine of claim 1 . De’Longhi further discloses wherein the closure part (3 Fig 5) comprises a peripheral sealing member (sealing member being a ring on the outside or periphery of the closure part as seen in Fig 5). Regarding claim 11 De’Longhi discloses t he machine of claim 1 . De’Longhi further discloses wherein the mixing chamber (Fig 5) is in fluid communication with a valve (shutter 67 is movable between a closing and open position of the hole 68, Fig 5, [0060], thus shutter 67 functions as a valve) configured to release pressure from the mixing chamber (shutter 67 connects to hoses 63, 64, where hoses 63, 64 are connected to the infusion cylinder 2 to dispense the coffee to a remote dispenser, [0058], this indicates that shutter 67 is connected to the mixing chamber, annotated in Fig 5) when containing said flavouring ingredient prior to driving said water into the mixing chamber for mixing with the flavouring ingredient (this limitation is interpreted as functional language – since Fig 5 shows that the mixing chamber contains the flavoring ingredient coffee, prior to water being supplied through conduit 70, and the shutter/valve 67 is in the open position, this indicates that the shutter/valve 67 is capable of releasing pressure from the mixing chamber when containing coffee prior to driving said water into the mixing chamber). Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer . Claim(s) 11 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 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 claim 9 of copending Application No. 18/006,181 is narrower in scope, thus includes all of the limitations of claim 11 and anticipates claim 11 of the instant specification FILLIN "Insert the prior art relied upon." \d "[ 4 ]" . This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Doglioni ( US 20160157664 A1 ) teaches a coffee dispenser having O-rings Reimondo ( US 9480360 B2 ) teaches a translational and rotational movement of the cartridge holder portion Anthony ( US 12551043 B2 ) teaches pressure relief valve for the water heater Any inquiry concerning this communication or earlier communications from the examiner should be directed to Thuyhang Nguyen whose telephone number is (571) 272-5317. The examiner can normally be reached Monday-Friday 8am-5pm EST. 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, Helena Kosanovic can be reached on (571) 272-9059 . 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. / Thuyhang N Nguyen/ Examiner, Art Unit 37 6 1