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:
Claim 1, “the cavity space” should be changed to “[[the]]a cavity space”
Claim 1, “the peripheral interface region” should be changed to “[[the]]a peripheral interface region”
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 use the word “means” or “step” 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:
Claim 1 lines 10-11, “lid connection means” does not invoke 112(f) because “means” is modified by the sufficient structure “lid”.
Claim 1 line 18, “retention means” does not invoke 112(f) because “means” is modified by sufficient structures being “different configuration and material properties” from the sidewall of the container portion, broadly interpreted to be any feature(s)/configuration(s) that support the portion holder and the single portion to remain within the portion receiving part.
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 applicant regards as his invention.
Claim(s) 1-16 is/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 1 lines 19-20, “the remaining sidewall of container portion” is unclear which area of the sidewall is being referred to and if the container portion is referring to “a container part”, “a single portion”, “a portion receiving part”, or something else.
Claim 2 line 2, “retention means” is unclear if this is the same or different from the retention means previously recited in claim 1.
Claim 6 line 3, “a sidewall” is unclear if this is the same or different from the sidewall previously recited in claim 1.
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) 1-5 and 7-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DeMiglio (US 20190069710 A1).
Regarding claim 1
DeMiglio discloses a portion holder (reusable beverage brewing device 20, Fig 1) for receiving a single portion (single-cup beverage brewer, Para 0015 top) comprising a given quantity of beverage precursor substance inside a compostable and permeable confinement (beverage brewing device 20 is configured to contain a preselected dry beverage medium, such as coffee grounds, Para 0015 top, device 20 is compostable and permeable to brew coffee grounds into a cup C, Fig 1), said portion holder (20, Figs 2-3) comprising:
- a container part (cup-shaped body 26, Fig 2, Para 0017) with a sidewall (28) and a base wall (bottom end 34 with bottom surface 42), and
- a lid part (a removable lid 84, Fig 2, Para 0033) with a flow-conducting wall (a hollow conical portion 132, Fig 3, Para 0043 middle) presenting flow passageways (via plurality of openings 136),
jointly confining a collection space (brew chamber 36, Para 0043, Fig 3) extending upstream and downstream of the peripheral interface region (brew chamber 36 extends from upstream at lid 84 to downstream at sidewall 28, i.e. peripheral interface region) between container (26) and lid parts (84),
said lid part (84) being peripherally hinged (120, Para 0049 bottom) to the container part (26) by lid connection means (does not invoke 112f, interpreted to be hinge 120, seal 116) so that can be operated to a closed position (Fig 4 showing lid part 84 in a closed position) at which the single portion is confined inside the cavity space (single portion of coffee ground is confined within the cavity space of brew chamber 36, Fig 4),
said container part (26) being adapted so that can be retained inside a portion receiving part (brewing holster H, Fig 1) of an extraction device (a coffee brewer B, Fig 1, Para 0015 top) that can be manually held and operated in a draw-like manner (brewing holster H being a drawer that manually opens to hold the portion holder 20 in Fig 1) into an operating position engaged with a flow provision part (flow provision part at inlet I engages with the portion holder 20) of said extraction device (coffee brewer B), and
characterized in that the portion holder (20, Figs 2-3) presents retention means (does not invoke 112f) with different configuration (grips 62, 66 aligned with holster H, Para 0028, filter 38 allows a brewed beverage to pass therethrough while retaining the dry beverage medium within the body 26, i.e. retention, Fig 3, probe receptacles 54 and 58 to seat within holster H, Para 0023, Fig 4, the grips, filter, and receptables are different features/configurations to retain the portion holder 20 inside holster H) and material properties from the remaining sidewall of container portion (filter 38 along the sidewall 28 can be made of metal, Para 0018 middle, while body 26 can be made from plastic, Para 0049 top, this indicates that the sidewall 28 of container 26 can be made of plastic while the retention means being filter 38 can be made of metal, which is a different material), adapted so that said container portion (26) can be retained in pressurized fitting (grips 62/66, filter 38, receptables 54/58 to retain container 26 sit inside holster H and apply pressure against the interior surfaces of the holster H to remain fitted inside, i.e. retained) inside said portion receiving part (holster H).
Regarding claim 2
DeMiglio discloses the portion holder according to claim 1.
DeMiglio further discloses wherein the container part (26 Fig 2) supports retention means provided in a tubular shape (receptables 54, 58 having tubular shape in Fig 2) around at least part, preferentially (“preferentially” is broadly interpreted as optional and not required) at least most part, more preferentially all of the sidewall (28) such that can be pressed under peripheral strain inside said portion receiving part (container 26 can be pressed into portion receiving part holster H to seat inside holster H in Fig 4),
whereby the retention means present at least one, preferentially (“preferentially” is broadly interpreted as optional and not required) several projections (projections annotated in Fig 4) extending outward in respect of at least most of the remaining sidewall (projections extending outward in a vertical direction from sidewall 28) of container part (26), preferentially (“preferentially” is broadly interpreted as optional and not required) all of the remaining sidewall that sits inside of the portion receiving part (H).
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Regarding claim 3
DeMiglio discloses the portion holder according to claim 1.
DeMiglio further discloses wherein the retention means (grips 62, 66, filter 38, probe receptacles 54 and 58, Figs 3-4) are provided in a different material or in a different material composition (filter 38 along the sidewall 28 can be made of metal, Para 0018 middle) as the rest of said container part (body 26 can be made from plastic, Para 0049 top, which is a different material from metal), and in that at least one of, preferentially both (“preferentially” is broadly interpreted as optional and not required), the retention means and the container part of portion holder are provided in a different material (retention means being filter 38 is made of metal which is different from the container part 26 which is made of plastic) or in a different material composition as the portion receiving part (“or” is broadly interpreted as optional).
Regarding claim 4
DeMiglio discloses the portion holder according to claim 1.
DeMiglio further discloses wherein the retention means (grips 62, 66 Fig 3) present a non-smooth (grips 62, 66 protrude outward from sidewall 28, i.e. non-smooth), preferentially (“preferentially” is broadly interpreted as optional and not required) grooved (gripping cavity 78 being a groove, Para 0030 top), exterior surface presenting at least one of: a rugosity and a pattern (retention means being grips 62, 66 being projections extending outward from sidewall 28, i.e. rugosity, that locate on opposite side around the circumference of sidewall 28, i.e. pattern, Fig 3), with projections (62, 66 project outward) extending outwards in at least one of: a transversal (grips 62, 66 extend outward from sidewall 28, thus transversal/perpendicular to the flow direction, annotated in Fig 3) and parallel direction (lower grip portion 70 extends downward/parallel to the flow direction in Fig 3) in respect of the prevailing flow direction (flow direction annotated in Fig 3), configured so as to generate a material pressure with the corresponding interior surface of said portion receiving part (curved lower grip portion 70 is receivable within the correspondingly shaped curved cavity R defined within the brewing holster H, Para 0027 bottom, Fig 3, this indicates that the curved shape of lower grip portion 70 presses against cavity R, thus generating an amount of pressure between the two surfaces) transversal to said prevailing flow direction, whereby the retention means are preferentially (“preferentially” is broadly interpreted as optional and not required) provided in a material at least partially elastically deformable (part 26 can be made of plastic, Para 0049, and plastic is capable of being deformed).
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Regarding claim 5
DeMiglio discloses the portion holder according to claim 1.
DeMiglio further discloses wherein the retention means (grips 62, 66, filter 38, Fig 3) are provided as a plurality of outwards extending projections arranged successively (grips 62 and dividers between filters 38 are arranged successively,
where the grips extend outwardly from sidewall 28), for example (“for example” is broadly interpreted as optional and not required) in rows, at least from the vicinity of the peripheral interface region between container (26) and lid (84) parts to the base wall (bottom end 34), and in that the retention means are provided as outwards extending projections (grips 62, 66) presenting a cross-section profile narrowing from the base towards the free-edge thereof (cross-section profile of container 26 is narrow at base 34 and larger at free edge 122, annotated in Fig 3, where the retention means grips 62, 66 are positioned on the peripheral interface region between the container 26 and lid 84).
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Regarding claim 7
DeMiglio discloses the portion holder according to claim 1.
DeMiglio further discloses in that the retention means (grips 62, 66, filter 38, Fig 3) are provided as an injection moulded part (filter 38 may be molded within the body 26, Para 0020 top) that extends through a perimeter transition region between upstream and downstream sidewall portions (filter 38 extends through the sidewall 28, in a transition region between upstream portion and downstream/base 34, annotated in Fig 3) thereby forming:
- a material connection of lid connection means (lid 84 is connected to container 26 via the material of the lid attached to the material of the container) that provide the hinged connection (hinge 120) of the lid part (84) with the container part (26) at a peripheral region (hinge 120 positioned on a periphery) thereof.
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Regarding claim 8
DeMiglio discloses the portion holder according to claim 1.
DeMiglio further discloses wherein said portion holder (20 Fig 3) comprises:
- a container part (26) with a sidewall (28) presenting an upstream sidewall portion (upstream/top portion, annotated in Fig 3) and a downstream sidewall portion (downstream/bottom portion) that supports retention means (grips 62, 66, filter 38, and receptacles 54, 58) adapted for pressurized fitted retention of said container part (grips 62/66, filter 38, receptables 54/58 to retain container 26 sit inside holster H and apply pressure against the interior surfaces of the holster H to remain fitted inside, i.e. retained) inside said portion receiving part (holster H);
- a lid part (84) that presents a collar-like flow-confining wall (collar 114 interpreted to be the flow-confining wall, Fig 3) extending laterally peripherally of a flow-conducting wall (collar 114 extends laterally around the flow-conducting wall 132, i.e. peripherally) extending transversally to the prevailing flow direction (collar 114 extends transversally to the vertical prevailing flow direction),
whereby the lid part (84) is peripherally hinged (120) connected to the container part (26) by lid connection means (hinge 120) that include a material connection of the container part with the lid part (material of the container 26 connects to the material of lid 84),
whereby said lid connection means (hinge 120) are configured such that can be provided by injection moulding (product-by-process, also body 26 and lid 84 may be made through plastic injection molding as a single unit with the flexible hinge 120 connecting the body 25 and lid 84, Para 0049 bottom) of the container and lid parts, such that these can be produced as a single piece.
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Regarding claim 9
DeMiglio discloses the portion holder according to claim 1.
DeMiglio further discloses wherein the lid connection means (hinge 120 and seal 116, Fig 3) include a material connection provided in the form of an elastically bendable element (hinge 120 is made of a flexible material that is bendable to open and close, Para 0049 bottom), preferentially (“preferentially” is broadly interpreted as optional and not required) in a band shape or similar, that extends continuously from the upstream region of the upstream sidewall of container part to the lid part (hinge 120 extends continuously from an upstream region of the upstream sidewall 28 to the lid 84),
whereby the material connection preferentially (“preferentially” is broadly interpreted as optional and not required) includes an elastic material band (seal 116 being any suitable seal may be used, such as a silicone seal, Para 0040 middle, where silicone is an elastic material) that is provided such that exerts an elastic force on the lid part (84) upwards in respect of the container part (26), such that the lid part tends towards the open position (lid part 84 is in an open position in Fig 3).
Regarding claim 10
DeMiglio discloses the portion holder according to claim 1.
DeMiglio further discloses wherein the lid connection means (hinge 120 and seal 116, Fig 3) include a connection retention arrangement (protrusion 114 of the lid 84 is inserted inside flanged rim 122 of container part 26 to retain the lid to the container, Fig 4, Para 0040-0041) adapted so that can assist the retention of the lid part at the closed position (lid in closed position in Fig 4) on the container part (26),
whereby said connection retention arrangement preferentially (“preferentially” is broadly interpreted as optional and not required) includes a male-female arrangement (protrusion 114 of the lid 84 is inserted inside flanged rim 122), in opposing edges of, and arranged sideways in respect of, the material connection (edge of protrusion 114 contacts edge of flanged rim 122) and adapted so as to provide a first hard-point retention of the lid part (84) on the container part (26),
whereby said male-female arrangement, is preferentially (“preferentially” is broadly interpreted as optional and not required) provided on respective peripheral support non-curved portions of the container and lid parts (male-female arrangement being protrusion 114 and flanged rim 122 are on a flat surface, i.e. non-curved portion of the container 26 and lid 84) and corresponding to a portion of, and to a projection on, the upstream free-edge region (flanged rim 122 is at an upstream free-edge region of the container 26), respectively.
Regarding claim 11
DeMiglio discloses the portion holder according to claim 1.
DeMiglio further discloses wherein the lid connection means (hinge 120 and seal 116, Fig 3) and the holder retention means (grips 62, 66, filter 38, probe receptacles 54 and 58) are provided in
a material with similar elastic properties (lid connection means seal 116 made of silicone, Para 0040 middle, hinge 120 is made of plastic, grips 62, 66 made of plastic by being part of container 26, Para 0049 top), preferentially (“preferentially” is broadly interpreted as optional and not required) in a same material provided that extends continuously from the retention means to the lid connection means (grips 62, 66 of retention means extend to lid connection means hinge 120, both made of plastic),
whereby the lid connection means and the holder retention means are provided in a single part, or piece, as the container and lid parts, by means of bi-material injection moulding (bi-material is interpreted to be the same material but injected in two parts, also this is a product-by-process claim limitation, also body 26 and lid 84 may be made through plastic injection molding as a single unit with the flexible hinge 120 connecting the body 25 and lid 84, Para 0049 bottom).
Regarding claim 12
DeMiglio discloses a system (coffee brewer B in Fig 1) for preparing a beverage (coffee) including a portion holder (20) according to claim 1.
DeMiglio further discloses wherein said system further comprises a beverage preparation apparatus (brewer B) comprising said extraction device (coffee brewer) and pressurized flow means (shoulder S Fig 1) upstream thereof so that a pressurized fluid can flow in a prevailing direction (heated water, which becomes at least somewhat pressurized within the dispersion cone 124, passes through the dispersion cone openings 136 to substantially evenly and uniformly soak the coffee grounds G within the brew chamber 36, Fig 3, Para 0054 middle) through said extraction device (brewer B), portion holder (20) and single portion (coffee ground inside the portion holder 20) inside thereof.
Regarding claim 13
DeMiglio discloses a process for operating a beverage preparation system, in particular (“in particular” is broadly interpreted as optional and not required) a system according to claim 12.
DeMiglio further disclose the steps:
- providing a beverage preparation apparatus (brewer B, Fig 1) with a beverage preparation device (brewer B) comprising a portion receiving part (holster H) that can be manually removed from engagement with a flow-feeding part (shoulder S where heated water flow is dispensed, Para 0052), manually removing a portion receiving part from engagement with the flow-feeding part (beverage brewing device 20 received within the portion receiving part holster H, the inlet probe of the flow-feeding part shoulder S assembly is lowered into engagement with the beverage brewing device 20, either manually or automatically, Para 0053 top);
- manually inserting a portion holder (20) into the portion receiving part (holster H) such that the container part (26) is retained inside thereof by means of pressurized fitting of retention means (grips 62, 66, filter 38, probe receptacles 54 and 58),
and including a plurality of beverage preparation cycles (each cycle is interpreted to be when the brewer B brews coffee or tea, thus overtime, the brewer B is preparing a plurality of beverage cycles), whereby each beverage preparation cycle (a single brewing cycle) can include the steps:
- dropping a single portion into the container part (lid 84 is moved into the open position, and the brew chamber 36, i.e. the container part 26, is filled with a desired amount of dry beverage medium, such as coffee grounds G, i.e. a single portion, Para 0050 middle),
- manually inserting the portion receiving part into engagement with the flow-feeding part (inlet probe assembly of the flow-feeding part shoulder S is lowered into engagement with the beverage brewing device 20 within the portion receiving part holster H, either manually or automatically, Para 0053);
- initiating circulation of pressurized fluid flow (beverage brewer B dispenses heated water through the inlet probe I into the portion holder 20, Para 0054 top) into said beverage preparation device (brewer B) so as to obtain a beverage (coffee),
whereby the plurality of beverage preparation cycles does not include removing the portion holder from the portion receiving part (the portion holder 20 does not need to be removed from the portion receiving part holster H in order for the shoulder S to engage and dispense heated water, Fig 1, thus the portion holder 20 can be used in multiple cycles).
Regarding claim 14
DeMiglio discloses the process according to claim 13.
DeMiglio further discloses the steps of
- manually opening the lid part (84 Fig 3) previously to inserting a single portion (coffee ground, Para 0052) into the container part (26);
- manually closing the lid part (84) previously to inserting the portion receiving part (holster H) into the flow-feeding part (Fig 4 showing the flow-feeding part inlet I of shoulder S inserted into the lid 84),
whereby the closure of the lid part (84) is made by manually pressing a portion thereof onto retention on the container part (retention portion being the grips 62, 66 on the container part 26, Fig 3).
Regarding claim 15
DeMiglio discloses the process according to claim 13.
DeMiglio further discloses the steps of:
- removing the portion receiving part (holster H Fig 1) from the flow-feeding part (shoulder S) after conclusion of the pressurized flow injection (after brewing a beverage, the beverage brewing device 20 can be removed from the brewing holster and cleaned for subsequent use, Para 0054);
- opening the lid part (84 Fig 3);
whereby opening of the lid part is enabled by manually pressing the lid part out of retention on the container part (grips 62 and 66 are sized and configured to be graspable by a user for helping to insert and remove the beverage brewing device 20 from within the brewing holster H, Para 0029, once the container part 26 is removed by gripping onto retention means 62, 66, the lid 84 can be opened via hinge 120).
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.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over DeMiglio in view of Rivera (US 20110274802 A1).
Regarding claim 6
DeMiglio discloses the portion holder according to claim 1.
DeMiglio further discloses wherein the container part (26 Fig 3) presents a sidewall (28) with an upstream sidewall portion and a downstream sidewall portion (annotated in Fig 3) that is recessed inwards relative to the upstream sidewall portion (filter 38 having recessed portion where metal mesh are along the downstream portion of sidewall 28, Fig 3), and preferentially (“preferentially” is broadly interpreted as optional and not required) also relative to an outward extending portion of the base wall.
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DeMiglio is silent on in that the retention means are provided on a laterally-oriented indent associated with said downstream sidewall portion, such that the retention means extend inwards and outwards in respect of the upstream sidewall portion.
However, Rivera teaches a portion holder (100, Figs 1A-C) having a sidewall (102) with retention means provided on a laterally-oriented indent (the spaces in between protrusions 122 are interpreted to be indents of the receptacle/sidewall 102, Fig 1B, Para 0047 bottom, where the protrusions are positioned on the circumference/lateral side of the sidewall 102) associated with said downstream sidewall portion (protrusions 122 are located towards a lower/downstream sidewall), such that the retention means extend inwards and outwards in respect of the upstream sidewall portion (protrusions 122 extend inwards toward bottom wall 114 and outwards away from interior side surface 123, Fig 1B).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to add the protrusions, taught by Rivera, to the interior side surface of the sidewall in DeMiglio, because the protrusions provide a raised surface for a pod to rest against (Para 0047 top), allowing the portion holder to be an adaptor that can be used with other single-use beverage pods.
Allowable Subject Matter
Claim(s) 16 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
i. In claim 16, the cited prior art of record fails to anticipate and/or render obvious, either solely or in combination, a process for operating a beverage preparation system comprising, among other features and steps,
removing the single portion out of the container part after opening the lid part,
whereby said removal can be obtained by turning the portion receiving part downwards such that the single portion can fall out of the container part driven by the gravity force,
while the portion holder is further retainer inside the portion receiving part.
ii. Bisio (US 20150274412 A1) teaches a portion holder (Figs 13a-b), but is silent on said removal can be obtained by turning the portion receiving part downwards such that the single portion can fall out of the container part driven by the gravity force.
Lai (US 20120121768 A1) teaches a brewer appliance, but is silent on said removal can be obtained by turning the portion receiving part downwards such that the single portion can fall out of the container part driven by the gravity force.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Oh (US 20130340626 A1) teaches a brewing system
Dorfmueller (US 20090229470 A1) teaches a holder portion
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 PST.
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/Thuyhang N Nguyen/Examiner, Art Unit 3761