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 .
Response to Amendment
Applicant's preliminary amendment filed on 1/26/2023 has been entered.
Claims 1-15 have been amended.
Claims 1-15 are still pending in this application, with claim 1 being independent.
Specification
The amendment filed 1/26/2023 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: The incorporation by reference of International Patent Application No. PCT/EP2021/071284 and European Application No. 20188293.3 is ineffective as it was added on the date of entry into the national phase, which is after the filing date of the instant application. The filing date of this national stage application is the filing date of associated PCT, in this case 7/29/2020, see MPEP 1893.03(b). Therefore the specification amendment of 1/26/2023 to include the incorporation by reference is new matter, per MPEP 608.01(p). For the purposes of this office action, Examiner will interpret the disclosure as reciting “The present application is a National Stage of International Application No. PCT/EP2021/071284, filed on July 29, 2021, which claims priority to European Patent Application No. 20188293.3, filed on July 29, 2020” on p. 1.
Applicant is required to cancel the new matter in the reply to this Office Action.
The disclosure is also objected to because of the following informalities: “trough” on p. 2, line 14 and should be “through”.
Appropriate correction is required.
The abstract of the disclosure is objected to because it uses phrases that can be implied, discusses the purported merits, and is over 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)&(c).
Claim Objections
Claim 1 is objected to because of the following informalities: lines 13-15 should recite “that pushing said exposed part of the liquid tank moves the liquid tank along the movement axis and out of the inserted position [[trough]]through said second opening”. Appropriate correction is required.
Claim 10, which requires a socket or a seal seat, is objected to because dependent claim 11 requires the seal seat. For the purposes of this office action, Examiner will interpret claim 10 as reciting “wherein the second connector comprises a socket for receiving at least part of the first connector, wherein the one or more sealing elements are arranged on the socket, [[and/or]]and wherein a seal seat, on which the valve sits when the valve is in the closed position, is arranged on the socket.”
Claim 13 will be objected to under 37 CFR 1.75 as being a substantial duplicate of claim 1 (if found allowable). When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m). In this case, claim 13 recites “wherein the machine functional elements are arranged in the machine housing” and does not further limit claim 1, which recites “a machine housing for enclosing machine functional elements”.
Claim Interpretation - 35 USC § 112(f)
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 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) 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). The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) 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). The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) 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) except as otherwise indicated in an Office action.
The following claim limitations are being interpreted under 35 U.S.C. 112(f):
Claim 15:
the limitation “brewing unit” is being interpreted as any structure capable of brewing since the specification does not provide any corresponding structure, see claim rejections under 35 USC § 112(a) and 35 USC § 112(b) below.
the limitation “control unit” is used by the claim to indicate controlling, based on one or more user requests, one more of the following: the beverage brewing chamber, the brewing unit, the liquid heater, the liquid pump, the capsule holder, the electronics, and combinations thereof [p. 10, lines 1-3], and is being interpreted as any structure capable of said controlling, since the specification does not provide any corresponding structure, see claim rejections under 35 USC § 112(a) and 35 USC § 112(b) below.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) 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) applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) (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).
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claim 15 is rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, at the time the application was filed, had possession of the claimed invention.
Claim 15 recites “brewing unit” and “control unit” which each invoke 35 U.S.C. 112(f). However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed functions and to clearly link the structure, material, or acts to the function. “Merely restating a function associated with a means-plus-function limitation is insufficient to provide the corresponding structure for definiteness. See, e.g., Noah, 675 F.3d at 1317, 102 USPQ2d at 1419; Blackboard, 574 F.3d at 1384; Aristocrat, 521 F.3d at 1334, 86 USPQ2d at 1239. It follows therefore that such a mere restatement of function in the specification without more description of the means that accomplish the function would also likely fail to provide adequate written description under section 112(a) or pre-AIA section 112, first paragraph.” MPEP § 2181-IV.
Claim Rejections - 35 USC § 112(b)
Claims 10-11 and 15 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.
Claim 10 recites the limitation “wherein the one or more sealing elements are arranged on the socket” in line 3. There is insufficient antecedent basis for this limitation in the claim. For the purposes of this office action, Examiner will interpret claim 10 as referring to the sealing elements of claim 8 (i.e., the second connector comprises one or more sealing elements…).
Claim 11 is rejected under 35 U.S.C. 112(b) due to dependence on a rejected claim.
Claim 15 recites the limitation “a brewing chamber”, which renders the claim indefinite because it is unclear if this is intended to be distinct from “a beverage brewing chamber” recited in claim 1. For the purposes of this office action, Examiner will interpret claim 15 as reciting “[[a]]the beverage brewing chamber”.
Claim 15 recites the limitation “a liquid heater”, which renders the claim indefinite because it is unclear if this is intended to be distinct from “a liquid heater” recited in claim 1. For the purposes of this office action, Examiner will interpret claim 15 as reciting “[[a]]the liquid heater”.
Claim 15 recites the limitation “a liquid pump”, which renders the claim indefinite because it is unclear if this is intended to be distinct from “a liquid pump” recited in claim 1. For the purposes of this office action, Examiner will interpret claim 15 as reciting “[[a]]the liquid pump”.
Claim 15 recites the limitation “one or more liquid circulation pipes”, which renders the claim indefinite because it is unclear if this is intended to be distinct from “liquid circulation pipes” recited in claim 1. For the purposes of this office action, Examiner will interpret claim 15 as reciting “[[one or more]]the liquid circulation pipes”.
Claim 15 recites “brewing unit” and “control unit” which each invoke 35 U.S.C. 112(f). However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Specifically, the disclosure is devoid of any structure that performs the function in the claim. Therefore, the claim is indefinite.
Applicant may:
a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f);
b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function.
For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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.
Claims 1, 2, 4, 6, 7, and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Yoakim (US 20150250351 A1) in view of Liu (CN 209846928 U).
Regarding claim 1,
Yoakim discloses:
A beverage preparation machine [fig. 1; para. 0035: “FIG. 1 is a schematic perspective view of a beverage system according to the invention”], comprising:
a machine housing [fig. 1: machine base 2, brewing unit 3; para. 0043: “As illustrated in FIG. 1, the beverage preparation machine 1 comprises a main machine base 2, a detachable brewing unit 3, and an ingredient capsule (not shown in FIG. 1).”] for enclosing machine functional elements, which machine functional elements include at least
liquid circulation pipes [para. 0046: “The machine base 2 comprises fluid-conducting pipes for conducting the fluid from the reservoir to the brewing unit and the ingredient contained therein”],
a liquid pump [para. 0045: “Finally, the machine comprises a pump element for circulating the water from the tank to the capsule”],
a liquid heater [para. 0045: “The machine comprises a heating element such as a boiler or a heat exchanger, which is able to warm up the water used therein to working temperatures”], and
a beverage brewing chamber [fig. 4: cavity 15; para. 0053: “In this open configuration of the brewing unit 3, an ingredient, or an ingredient capsule 14 as represented in FIG. 4 can be inserted inside the brewing unit cavity, or removed therefrom after usage. The capsule is inserted in a complementary hollow cup-shaped cavity 15…”], and
a liquid tank [fig. 1: fluid reservoir 4]
in an inserted position, functionally inserted entirely within the machine housing [see fig. 1]
such that liquid can be delivered by use of the liquid pump from the liquid tank via the liquid circulation pipes and the liquid heater to the beverage brewing chamber for mixing the liquid with a beverage ingredient contained therein to prepare a beverage [para. 0045: “The machine base 2 comprises a fluid reservoir 4-in most cases this fluid is water-for storing the fluid that is used to dissolve and/or infuse and/or extract under pressure the ingredient(s) contained in the capsule.”],
However, Yoakim does not disclose:
the liquid tank detachably arranged to move along a movement axis in order to be, in the inserted position;
wherein the machine housing comprises a first opening and a second opening, which are located on opposite wall portions of the machine housing, and
wherein, when the liquid tank is in the inserted position, the first opening is arranged to expose a part of the liquid tank such that pushing said exposed part of the liquid tank moves the liquid tank along the movement axis and out of the inserted position trough said second opening.
Liu, in the same field of endeavor, teaches the liquid tank [fig. 1: water tank 5] detachably arranged to move along a movement axis in order to be in the inserted position [see figs. 1 and 3; p. 3: “the water tank 5 can be detachably mounted on the pegs 10 and the bearing cylinder 4”]; wherein the machine housing comprises a first opening and a second opening, which are located on opposite wall portions of the machine housing [see fig. 1, showing opposite wall openings in base 1], and wherein, when the liquid tank is in the inserted position, the first opening is arranged to expose a part of the liquid tank such that pushing said exposed part of the liquid tank moves the liquid tank along the movement axis [i.e., the openings allow the water tank to be lifted such that it unmounted from pegs 10 and cylinder 4 ] and out of the inserted position trough said second opening [i.e., once the water tank 5 is detached, it can be removed through either opening].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the beverage preparation machine of Yoakim by detachably mounting the liquid tank such that it can be dismounted and removed through a first opening or a second opening located on opposite wall portions of the machine housing, since Liu teaches this makes the machine easy to dismount and clean [pp. 2-3: “Compared with the current technique, the advantages of this utility model are as follows: the machine is easy to dismount and clean, and it is convenient to carry, and the space position suitable to use, convenient to use, for multiple functions.”].
Regarding claim 2, Yoakim and Liu disclose the beverage preparation machine according to claim 1.
Yoakim as modified by Liu, specifically Liu discloses:
wherein the wall portions are lateral wall portions [see fig. 1, showing the first and second openings on opposite side wall portions].
Regarding claim 4, Yoakim and Liu disclose the beverage preparation machine according to claim 1.
Yoakim discloses:
wherein
the liquid tank does not protrude from the machine housing, when the liquid tank is in the inserted position [see fig. 1], and/or
wherein the liquid tank comprises one or more lateral ends [71, 72], wherein at least one of the one or more lateral ends is at least in part flush with the machine housing, such as with one of the wall portions or with the wall portions, respectively, when the liquid tank is in the inserted position.
Regarding claim 6, Yoakim and Liu disclose the beverage preparation machine according to claim 1.
Yoakim discloses:
wherein the machine housing comprises a channel that is arranged at least partially inside of the machine housing to receive the liquid tank [see fig. 1, showing fluid reservoir 4 in a channel arranged in machine base 2].
Regarding claim 7, Yoakim and Liu disclose the beverage preparation machine according to claim 1.
However, although Yoakim discloses sealing means at an interface between the
Liu also teaches:
the beverage preparation machine further comprising
a first connector arranged at least partially in the machine housing [fig. 3: bearing cylinder 4] and
a second connector arranged at least partially on the liquid tank [i.e., a bayonet; p. 2: “the bottom of the water tank is provided with a bayonet”],
wherein, in the inserted position of the liquid tank, the first connector and the second connector are connected to one another for delivering liquid from the liquid tank, wherein the first connector comprises a distal end with a connection opening [see fig. 1, showing bearing cylinder 4 with an upper distal end with a connection opening], wherein the first connector is arranged such that the connection opening opens in a direction, which is parallel to the movement axis [p. 4: “the water tank of the coffee machine 5 can be assembled and disassembled, after the bayonet is installed because the bearing cylinder 4 of the base 1 to open, then automatically closing, it can control flow and realize the function of preventing leakage at any time.”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the beverage preparation machine of Yoakim by including a first connector and a second connector since Liu teaches this allows for delivering liquid from the liquid tank [i.e., controlling the flow of liquid; p. 4: “the water tank of the coffee machine 5 can be assembled and disassembled, after the bayonet is installed because the bearing cylinder 4 of the base 1 to open, then automatically closing, it can control flow and realize the function of preventing leakage at any time.”].
Regarding claim 13, Yoakim and Liu disclose the beverage preparation machine according to claim 1, and thus, in view of claim 13 being a substantial duplicate of claim 1, Yoakim and Liu also disclose wherein the machine functional elements are arranged in the machine housing.
Regarding claim 14, Yoakim and Liu disclose the beverage preparation machine according to claim 1.
Yoakim as modified by Liu, specifically Liu teaches:
wherein at least part of the machine functional elements span a space, and wherein the liquid tank is at least partially arranged inside of the space, when the liquid tank is in the inserted position [see figs. 1-3, wherein, when the liquid tank 5 is in the inserted position, it shares a space with pegs 10 and bearing cylinder 4].
Regarding claim 15, Yoakim and Liu disclose the beverage preparation machine according to claim 1.
Yoakim discloses:
wherein the machine functional elements comprise one or more of the following:
a brewing chamber [fig. 4: cavity 15; para. 0053: “In this open configuration of the brewing unit 3, an ingredient, or an ingredient capsule 14 as represented in FIG. 4 can be inserted inside the brewing unit cavity, or removed therefrom after usage. The capsule is inserted in a complementary hollow cup-shaped cavity 15…”],
a brewing unit [para. 0036: “FIG. 2 is a schematic perspective partial cut view of a detached brewing unit and the connection portion of the machine base;”],
a liquid heater [para. 0045: “The machine comprises a heating element such as a boiler or a heat exchanger, which is able to warm up the water used therein to working temperatures”],
a control unit,
a liquid pump [para. 0045: “Finally, the machine comprises a pump element for circulating the water from the tank to the capsule”],
a capsule holder [para. 0038: “FIG. 4 is a schematic perspective view of a detachable brewing unit per the invention, in its open configuration, during insertion of an ingredient capsule therein”],
one or more liquid circulation pipes [para. 0046: “The machine base 2 comprises fluid-conducting pipes for conducting the fluid from the reservoir to the brewing unit and the ingredient contained therein”],
electronics [para. 0046: “It can also comprise data connection. The data connection between the base 2 and the brewing unit 3 can be performed by contact between the two ( e.g. by electrical contact), or alternatively, it can be contactless ( e.g. WIFI, RFID, GSM, Bluetooth, or equivalent contactless data transmission standards).”],
and combinations thereof.
Claims 3 and 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Yoakim (US 20150250351 A1) in view of Liu (CN 209846928 U) as respectively applied to claim 1 and 7 above, and further in view of Upston (US 20140069279 A1).
Regarding claim 3, Yoakim and Liu disclose the beverage preparation machine according to claim 1.
However, while Yoakim as modified by Liu discloses a vertical movement axis to dismount the liquid tank from connectors pegs 10 and bearing cylinder 4, and then an oblique movement to fully remove the liquid tank, neither Yoakim nor Liu explicitly teach:
wherein the movement axis extends parallel or oblique to the horizontal, when the beverage preparation machine is arranged to prepare a beverage.
Upston, in the same field of endeavor [i.e., a beverage preparation machine; fig. 10: espresso machine 1000], teaches an equivalent movement axis, wherein the movement axis extends parallel or oblique to the horizontal [see figs. 8-9 showing a removable water tank 820 in an inserted position, and figs. 10-11a/b showing the tank removed from the espresso machine 1000, wherein the movement axis is parallel to the horizontal, corresponding to a horizontally arranged releasable valve coupling element 1020; para. 0184: “In this embodiment, the water tank assembly is fitted to the espresso machine body in a substantially horizontal direction.”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the beverage preparation machine of Yoakim and Liu by substituting the parallel movement axis of Upston since this would predictably allow for the mounting and dismounting of the liquid tank for filling or cleaning [para. 0180: “The water tank is typically in fluid flow communication with the espresso machine boilers by way of a releasable valve coupling. The release valve restricts fluid flow from the water tank during removal of the tank (typically during filling and/or cleaning).”].
Regarding claim 8, Yoakim and Liu disclose the beverage preparation machine according to claim 7.
However, Liu does not provide structural details of the bayonet, specifically, Yoakim as modified by Liu does not explicitly disclose:
wherein the first connector and/or the second connector comprises one or more sealing elements, such as one or more radial sealing elements, wherein the one or more sealing elements are arranged to cooperate with the respective other connector for tightly connecting the connectors with one another, when the liquid tank is in the inserted position.
Upston, in the same field of endeavor [i.e., a beverage preparation machine; fig. 10: espresso machine 1000; figs. 14A (inserted position) and 14B (un-inserted position)], teaches wherein the first connector and/or the second connector [i.e., spring biased release valve 1434, valve coupling element 1440] comprises one or more radial sealing elements [i.e., the radial sealing element seated in a groove formed at the right-most distal end of valve 1434], wherein the one or more sealing elements are arranged to cooperate with the respective other connector for tightly connecting the connectors with one another when the liquid tank is in the inserted position [para. 0193: “Referring to FIG. 14A and FIG. 14B, engaging of the water tank 1410 with the espresso machine body 1420 brings the release valve assembly 1430 into engagement with a releasable valve coupling element 1440. As the release valve assembly 1430 is brought into engagement with valve coupling element 1440, a spring biased release valve 1434 engages an abutment surface 1442 and moving the valve to an open engaged configuration for enabling fluid flow from the tank. During disengagement, referring to FIG. 14B, the release valve assembly 1430 is moved away from the with valve coupling element 1440, causing the spring biased release valve 1434 to disengage the abutment surface 1442 and moving the valve to a closed disengaged configuration for restricting fluid flow from the tank.”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the beverage preparation machine of Yoakim and Liu by including one or more radial sealing elements tightly connecting the connectors with one another when the liquid tank is in the inserted position since Upston teaches this automatically restricts fluid flow from the tank during disengagement [para. 0193] so as to prevent: leakage, lower brew pressure, or restriction of water flow [para. 0181: “A partially engaged/disengaged connection between the water tank and boiler (via an inlet valve) can result in leakage, lower brew pressure during operation, or restriction of water flow from the water tank to the boiler.”].
Regarding claim 9, Yoakim and Liu disclose the beverage preparation machine according to claim 7.
However, Liu does not provide structural details of the bayonet, specifically, Yoakim as modified by Liu does not explicitly disclose:
wherein the second connector comprises a valve adapted to move between a closed position and an open position, wherein the first connector is arranged to move the valve into the open position, when the liquid tank is moved into the inserted position, in order to connect the first connector with the second connector for delivering liquid from the liquid tank.
Upston, in the same field of endeavor [i.e., a beverage preparation machine; fig. 10: espresso machine 1000; figs. 14A (inserted position) and 14B (un-inserted position)], teaches wherein the second connector comprises a valve [i.e., spring biased release valve 1434 on water tank 1410] adapted to move between a closed position [fig. 14B] and an open position [fig. 14A], wherein the first connector [i.e., valve coupling element 1440 on espresso machine body 1420] is arranged to move the valve into the open position, when the liquid tank is moved into the inserted position, in order to connect the first connector with the second connector for delivering liquid from the liquid tank [para. 0193: “Referring to FIG. 14A and FIG. 14B, engaging of the water tank 1410 with the espresso machine body 1420 brings the release valve assembly 1430 into engagement with a releasable valve coupling element 1440. As the release valve assembly 1430 is brought into engagement with valve coupling element 1440, a spring biased release valve 1434 engages an abutment surface 1442 and moving the valve to an open engaged configuration for enabling fluid flow from the tank. During disengagement, referring to FIG. 14B, the release valve assembly 1430 is moved away from the with valve coupling element 1440, causing the spring biased release valve 1434 to disengage the abutment surface 1442 and moving the valve to a closed disengaged configuration for restricting fluid flow from the tank.”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the beverage preparation machine of Yoakim and Liu by including a valve since Upston teaches this automatically restricts fluid flow from the tank during disengagement [para. 0193] so as to prevent: leakage, lower brew pressure, or restriction of water flow [para. 0181: “A partially engaged/disengaged connection between the water tank and boiler (via an inlet valve) can result in leakage, lower brew pressure during operation, or restriction of water flow from the water tank to the boiler.”].
Regarding claim 10, Yoakim and Liu disclose the beverage preparation machine according to claim 7.
However, Liu does not provide structural details of the bayonet, specifically, Yoakim as modified by Liu does not explicitly disclose:
wherein the second connector comprises a socket for receiving at least part of the first connector, wherein the one or more sealing elements are arranged on the socket, and/or
wherein a seal seat, on which the valve sits when the valve is in the closed position, is arranged on the socket.
Upston, in the same field of endeavor [i.e., a beverage preparation machine; fig. 10: espresso machine 1000; figs. 14A (inserted position) and 14B (un-inserted position)], teaches:
wherein the second connector comprises a socket [see figs. 14A and 14B, showing a spring biased release valve 1434 in a socket formed by water tank 1410]
for receiving at least part of the first connector [see fig. 14A, showing abutment surface 1442 of valve coupling element 1440 on espresso machine body 1420, inside the socket],
wherein the one or more sealing elements are arranged on the socket [see fig. 14B, showing the radial sealing element abutting the right-most wall of the socket], and/or
wherein a seal seat, on which the valve sits when the valve is in the closed position, is arranged on the socket [i.e., see fig. 14B, showing a seal seat formed by the radial sealing element held in a groove on valve 1434 abutting a right-most surface arranged on the socket formed by tank 1410, thereby sealing liquid held in tank 1410; para. 0193: “Referring to FIG. 14A and FIG. 14B, engaging of the water tank 1410 with the espresso machine body 1420 brings the release valve assembly 1430 into engagement with a releasable valve coupling element 1440. As the release valve assembly 1430 is brought into engagement with valve coupling element 1440, a spring biased release valve 1434 engages an abutment surface 1442 and moving the valve to an open engaged configuration for enabling fluid flow from the tank. During disengagement, referring to FIG. 14B, the release valve assembly 1430 is moved away from the with valve coupling element 1440, causing the spring biased release valve 1434 to disengage the abutment surface 1442 and moving the valve to a closed disengaged configuration for restricting fluid flow from the tank.”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the beverage preparation machine of Yoakim and Liu by including a socket for receiving at least part of the first connector, wherein the one or more sealing elements are arranged on the socket, and a seal seat, on which the valve sits when the valve is in the closed position, is arranged on the socket, since Upston teaches this automatically restricts fluid flow from the tank during disengagement [para. 0193] so as to prevent: leakage, lower brew pressure, or restriction of water flow [para. 0181: “A partially engaged/disengaged connection between the water tank and boiler (via an inlet valve) can result in leakage, lower brew pressure during operation, or restriction of water flow from the water tank to the boiler.”].
Regarding claim 11, Yoakim, Liu, and Upston disclose the beverage preparation machine according to claim 10.
Yoakim as modified by Liu and Upston, specifically Upston further discloses:
wherein the socket comprises a socket opening [see fig. 14B, showing valve 1434 in a cylindrical opening formed by the tank 1410], through which the at least part of the first connector can enter the socket for being received in the socket [see fig. 14A, showing abutment surface 1442 entering the opening], wherein the seal seat is further distanced from the socket opening than the one or more sealing elements [see fig. 14B, showing the sealing element closer to a centerline of the cylindrical socket opening than the socket walls].
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Yoakim (US 20150250351 A1) in view of Liu (CN 209846928 U) as applied to claim 1 above, and further in view of Mieville (US 20210338003 A1).
Regarding claim 5, Yoakim and Liu disclose the beverage preparation machine according to claim 1.
However, although Yoakim discloses wherein the machine housing comprises a front and a back [see fig. 1], Yoakim does not disclose:
wherein the liquid tank is arranged to be inclined towards the back, when the liquid tank is in the inserted position.
Mieville, in the same field of endeavor, teaches wherein a bottom wall of the liquid tank is arranged to be inclined [par. 0040: “The bottom wall of the chamber presents the shape of a funnel inclined in direction of the beverage outlet conduit.”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the liquid tank of Yoakim such that it is arranged to be inclined when in the inserted position, since Mieville teaches this facilitates full dispensing of the liquid [para. 0006: “In addition, it is strongly advisable to design the bottom wall of the chamber with a funnel shape sufficiently inclined in respect of horizontal in direction of the beverage outlet in order to facilitate the full dispensing of the large quantity milk as fast as possible.”].
Furthermore, selecting a given direction of inclination would have flown naturally to one of ordinary skill in the art as necessitated by the specific requirements of a given application [e.g., in a direction such that the liquid is directed towards the outlet]. It would have been an obvious matter of design choice to incline the liquid tank towards the back, since the applicant has not disclosed that the inclination direction solves any problem or is for a particular reason. It appears that the claimed invention would perform equally well with the liquid tank inclined as taught by Mieville [par. 0040: “The bottom wall of the chamber presents the shape of a funnel inclined in direction of the beverage outlet conduit.”].
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Yoakim (US 20150250351 A1) in view of Liu (CN 209846928 U) as applied to claim 1 above, and further in view of Rivera (US 20200187705 A1).
Regarding claim 12, Yoakim and Liu disclose the beverage preparation machine according to claim 1.
However, Yoakim as modified by Liu does not explicitly disclose:
wherein the liquid tank comprises a transparent part and an opaque part, wherein, when the liquid tank is in the inserted position and when viewed at least along the movement axis, the opaque part is arranged to obstruct a view onto one or more parts arranged inside of the machine housing, such as onto the first connector and/or the second connector.
Rivera, in the same field of endeavor, teaches the liquid tank [fig. 1A: container 12] may comprise transparent parts and opaque parts that allow selective viewing through the material of the tank [para. 0048: “The container 12 is preferably transparent to allow viewing the water in the container 12 as the water darkens while brewing progresses, but can be opaque or translucent in its entirety or in sections.”].
Therefore, it would have been obvious matter of design choice to modify the beverage preparation machine of Yoakim and Liu by having the liquid tank comprise a transparent part and an opaque part since Rivera teaches that selecting transparent/opaque portions allows for viewing the contents and allows for a decorative exterior [para. 0049: “The exemplary container 12 shown in the drawings is generally cylindrical in shape, but the cross-section of the container 12 can be any regular or irregular shape, and can have a decorative exterior.”].
Conclusion
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/THEODORE J EVANGELISTA/ Examiner, Art Unit 3761 /EDWARD F LANDRUM/Supervisory Patent Examiner, Art Unit 3761