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 .
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:
lid sealing portion in claim 1, which is interpreted as a downstream-oriented peripheral nut, for example in a V-like cross-section shape, or similar, as best understood, and equivalents thereof;
flow provision part in claim 1, which is interpreted as a drawer-like arrangement and equivalents thereof;
retention means in claim 6-9, 11 and 13-14 which, as best understood, is interpreted as
a localized embossment of the internal surface of the container part;
a tubular shape around at least part of the sidewall;
at least one projection extending outward in respect of at least most of the remaining sidewall;
a non-smooth exterior surface; or
an injection moulded part that extends through a perimeter transition region between upstream and downstream sidewall portion;
and equivalents thereof; and
the brewing device in claim 6, which is interested as a brew basket and 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.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-16 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.
The scopes, subject matter and claimed elements and structure in claims 1-16 are not definite. The claims include numerous recitations of indefinite language such as, “…in particular…”, “…preferentially…” and “…for example..” such that it is not definite if the language referred to by these terms is necessarily part of the claimed scope and subject matter.
It is not definite what is meant by “also a support surface for the downstream-oriented peripheral free-edge of the lid part, in particular configured as a lid sealing portion” as recited in claim 1. It is not definite how the support surface is configured or how to interpret the recitation of “…in particular configured as a lid sealing portion”.
The term “…similar…” is also used throughout the claims and it is not definite how to interpret the scope and limitations of the subject matter referred to as “similar”.
As noted above, the lid sealing portion in claim 1 is interpreted as a downstream-oriented peripheral nut, for example in a V-like cross-section shape, or similar, as best understood. However, it is not definite what is considered “…or similar” with regard to the lid sealing portion.
Furthermore, there are numerous recitations of elements which use the same terms but do not refer back to previous recitations. For example, claim 1 recites “a lid sealing portion” and then later recites “lid sealing portions” while dependent claims also recite “lid sealing portion” without referring back to the lid sealing portion(s) of claim 1 such that it is not definite how many lid sealing portions there are or whether these recitations refer the same element or elements.
As another example, claim 1 recites “a container sealing portion” while dependent claims also recite “container sealing portion” without referring back to the lid sealing portion(s) of claim 1 such that it is not definite how many container sealing portions there are or whether these recitations refer the same element or elements. Additional examples of this issue include the claimed “sidewall” and the claimed “lid part” and “lid parts”, and “extraction device”.
In claim 1, it is not definite what is meant by “said container part being adapted so that can be retained by retention means inside a portion receiving part of an extraction device that can be manually held and operated in a draw-like manner into an operating position engaged with a flow provision part of said extraction device.” It is not definite which elements invoke 35 U.S.C. 112(f) or what the corresponding structure may be. It is also not definite how the respective elements and structure are arranged and interrelated as recited in this portion of claim 1.
There are numerous recitations which lack antecedent basis. For example, there is no antecedent basis for “the brewing device” as recited in claim 6 or “the flow-confining wall” in claims 4 and 10.
There are numerous recitations of elements and subject matter throughout the claims which do not use clear and grammatically correct articles such as “a”, “said” or “the” such that it is not definite how many of such elements are claimed and whether the various recitations refer to the same element or multiple elements.
Claims 1 and 9 include recitations of “…so that can be…” without clearly reciting what is referred to by these recitations such that the recitations are not definite.
It is also not definite which recitations may invoke 35 U.S.C. 112(f). There are numerous recitations which use generic placeholders coupled with functional language. However, the claims are not definite how these recitations are interrelated to and/or distinct from the other claimed subject matter and structure such that it is not definite whether 35 U.S.C. 112(f) is invoked for the recitations of generic placeholders coupled with functional language throughout the claims.
The claims include recitations of both “lid connection means” and “connection means” without clearly referring back to and/or distinguishing from other recitations such that it is not definite whether these recitations refer to same element or multiple elements. It is also not definite what the corresponding structure for “lid connection means” and/or “connection means” is. As best understood, “lid connection means” and “connection means” are interpreted as a hinge(s) and equivalents thereof.
The claims include recitations of “lid retention means”, “retention means” and “the holder retention means” without clearly referring back to and/or distinguishing from other recitations such that it is not definite whether these recitations refer to same element or multiple elements. It is also not definite what the corresponding structure for “lid retention means”, “retention means” and/or “the holder retention means” is. As best understood, “lid retention means”, “retention means” and/or “the holder retention means” are interpreted as a tubular shape around at least part of the sidewall, at least one projection extending outward in respect of at least most of the remaining sidewall, or a non-smooth exterior surface, and equivalents thereof.
There is also no antecedent basis for “the holder retention means” as recited in claim 11.
It is not definite how claim 5 may further limit claim 1. As best understood, claim 5 only recites intended use for the previously claimed structure.
In claim 15, it is not definite what is meant by “a material connection of lid connection means that provide the hinged connection of the lid part with the container part at a peripheral region thereof.” It is not definite what the recitation of “a material connection” adds to or how it may further limit the already claimed lid connection means.
In claim 16, it is not definite what is meant by “pressurized flow means.” This recitation includes the functional language of “pressurized flow” and the generic placeholder of “means” but corresponding structure was not found in the specification such that it is not definite what is meant by the claimed pressurized flow means.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 102010048513 A1 to TANDIR (“TANDIR”) in view of US 20090101020 A1 to Webster et al. (“Webster”).
TANDIR discloses:
Regarding claim 1, as best understood: a portion holder for receiving a single portion comprising a given quantity of beverage precursor substance inside a compostable and permeable confinement, said portion holder comprising:
a container part (e.g., container portion indicated at 60a in Fig. 7) with a sidewall and a base wall (e.g., Fig. 7 and para 23-27) and
a lid part (e.g., lid 60c) with a flow-conducting wall (e.g., walls seen at 60d) presenting flow passageway (e.g., Fig. 7 and para 23-27),
jointly confining a collection space (e.g., space within capsule 60) extending upstream and downstream of the peripheral interface region between container and lid parts (e.g., Fig. 7 and 9 and para 23-27),
said lid part being peripherally hinged to the container part by lid connection means (e.g., hinge 60f) so that can be operated to a closed position at which the single portion is confined inside the cavity space (e.g., Fig. 1-17, para 23-27 and claims 1-9),
wherein the container part presents a container sealing portion (e.g., step-like structure at the top of the container portion seen in Fig. 7) for providing liquid sealing of the portion holder in the closed position, said container sealing portion configured as an inward-extending peripheral step providing an upstream-oriented support surface for a rim region of single portion and also a support surface (e.g., seal 61) for the downstream-oriented peripheral free-edge of the lid part, in particular configured as a lid sealing portion, such that there is provided a sealing engagement of said container and lid sealing portions in case the portion holder is closed (e.g., Fig. 1-17, para 23-27 and claims 1-9);
Regarding claim 2, as best understood: the portion holder according to claim 1,
wherein the lid part presents a lid sealing portion (e.g., seal 61) provided on the downstream-oriented peripheral free-edge of the lid part, whereby said lid sealing portion presents a downstream-oriented peripheral nut, for example in a V-like cross-section shape, or similar (e.g., as best understood, seal 61 is similar as seen in Fig. 7 for example), and whereby said lid sealing portion is configured to sit under pressure on the container sealing portion thereby providing a sealing engagement of said container and lid sealing portion in case the portion holder is closed (e.g., Fig. 1-17, para 23-27 and claims 1-9);
Regarding claim 3, as best understood: the portion holder according to claim 1
wherein the container part supports a container sealing portion (e.g., step-like structure at the top of the container portion seen in Fig. 7) provided in an elastically deformable material, preferentially a material different from the container part (e.g., Fig. 1-17, para 23-27 and claims 1-9, wherein the lid is claimed to be plastic and the capsule is claimed to be plastic or metal such that the plastic is different than the metal), and
in that the lid part presents a lid sealing portion (e.g., seal 61) provided in the same material as the remaining lid part, preferentially in a non-elastic rigid material (e.g., Fig. 1-17, para 23-27 and claims 1-9, wherein the lid is claimed to be plastic);
Regarding claim 4, as best understood: the portion holder according to claim 1,
wherein the container and lid parts present respective lid retention means (e.g., raised portions of the container and seal 61 as seen in Fig. 7 and 12-17) configured so as to provide a user actionable mechanical retention of the lid part on the container part, whereby said lid retention means are not arranged next to the hinged connection of the lid and container parts, whereby the lid retention means are preferentially configured as a localized embossment of the internal surface of the container part operationally aligned with a flattened exterior portion (e.g., flat exterior portions as seen in Fig. 7 and 12-17) of the flow-confining wall of the lid part, such that the lid part can be retained in a closed position and the lid sealing portion is pressed downwards against container sealing portion (e.g., Fig. 1-17, para 23-27 and claims 1-9);
Regarding claim 5, as best understood: the portion holder according to claim 1,
wherein the container and lid parts present respective container and lid sealing portions (e.g., seal 61) that are provided in mutually opposing regions, in particular in a downstream-oriented base region and in a upstream-oriented inwards extending step, respectively, and adapted such that the lid sealing portion sits under closure-driving pressure on the container sealing portion along a continuous peripheral extension in the closed position of the portion holder, whereby said closure-driving pressure can be provided by at least one of:
pressurized engagement of the top region of the lid part with the flow provision part of extraction device (e.g., Fig. 1-17, para 23-27 and claims 1-9, wherein this recitation is interpreted as intended use);
pressurized engagement of lid retention means corresponding to a closed position of the portion holder (e.g., Fig. 1-17, para 23-27 and claims 1-9, wherein this recitation is interpreted as intended use);
Regarding claim 6, as best understood: the portion holder according to claim 1,
wherein the container and lid parts present lid retention means (e.g., raised portions as seen in Fig. 7 and 12-17) configured so as to provide mechanical retention of the lid part on the container part by means of the user applying pressure on a peripheral portion of the top region of the lid part, enough to drive a lid retention portion (e.g., raised portions as seen in Fig. 7 and 12-17) past a container retention portion (e.g., raised portions as seen in Fig. 7 and 12-17), whereby the lid retention means are configured so as to provide mechanical retention of the lid part on the container part even in case the portion holder is not engaged by the flow provision part of the brewing device, preferentially also requiring the user to apply pressure so as to release the retention of the lid part from the container part (e.g., Fig. 1-17, para 23-27 and claims 1-9);
Regarding claim 7, as best understood: the portion holder according to claim 1,
wherein the container and lid parts present respective lid retention means (e.g., raised portions as seen in Fig. 7 and 12-17) configured so as to resist the upwards-acting hydraulic pressure build-up inside the confined space of the portion holder associated with flow injection, whereby the lid retention means are preferentially configured such that can provide retention and release thereof by means of a similar gesture and pressure by the user, and preferentially providing haptic perception thereof to the user (e.g., Fig. 1-17, para 23-27 and claims 1-9);
Regarding claim 8, as best understood: the portion holder according to claim 1,
wherein the container and lid parts present lid retention means (e.g., raised portions as seen in Fig. 7 and 12-17) configured so as resist the upwards-acting hydraulic pressure build-up inside the confined space of the portion holder associated with flow injection, whereby the lid retention means are preferentially configured such that can provide retention and release thereof by means of a similar gesture and pressure by the user, and preferentially providing haptic perception thereof to the user (e.g., Fig. 1-17, para 23-27 and claims 1-9);
Regarding claim 9, as best understood: the portion holder according to claim 1,
wherein the container and lid parts present retention means (e.g., raised portions as seen in Fig. 7 and 12-17) arranged opposite to connection means (e.g., hinge 60f), in particular to connection retention means associated with the connection means of the lid part to the container part, such that there are provided mutually opposing mechanical retentions of the lid part of portion holder, whereby said retentions are preferentially configured so that can be jointly actuated (e.g., Fig. 1-17, para 23-27 and claims 1-9);
Regarding claim 10, as best understood: the portion holder according to claim 1,
wherein the container and lid parts present lid retention means (e.g., raised portions as seen in Fig. 7 and 12-17) configured as a localized embossment of the internal surface of the container part operationally aligned with a flattened exterior portion (e.g., flat portions as seen in Fig. 7 and 12-17) of the flow-confining wall of the lid part, such that the lid part can be retained in a closed position whereby a lid sealing portion (e.g., seal 61) is pressed downwards against container sealing portion (e.g., Fig. 1-17, para 23-27 and claims 1-9);
Regarding claim 11, as best understood: the portion holder according to claim 1,
wherein the container sealing portion and the holder retention means are provided in a material with similar elastic properties (e.g., the claimed plastic), preferentially in a same material or a material with similar composition, that extends continuously from the retention means to the container sealing arrangement, whereby the lid connection means and the holder retention means are provided in a single part (e.g., a single part as seen in Fig. 1) or piece as the container and lid parts by means of bi-material injection moulding (e.g., Fig. 1-17, para 23-27 and claims 1-9);
Regarding claim 12, as best understood: the portion holder according to claim 1, characterized
in that the container part presents a sidewall with an upstream sidewall portion (e.g., sidewall portions seen in Fig. 7) and a downstream sidewall portion (e.g., sidewall portions seen in Fig. 7) that is recessed inwards relative to the upstream sidewall portion, and preferentially also relative to an outward extending portion (e.g., outward extending portions seen in Fig. 7) of the base wall (e.g., Fig. 1-17, para 23-27 and claims 1-9), and
in that the container part presents a container sealing portion (e.g., seal 61) configured as an inward-extending peripheral step provided in an elastically deformable material, whereby said container sealing portion is provided upstream of the downstream sidewall portion and inwards of the upstream sidewall portion (e.g., Fig. 1-17, para 23-27 and claims 1-9);
Regarding claim 13, as best understood: the portion holder according to claim 1,
wherein the lid part presents a collar-like flow- confining wall (e.g., walls as seen in Fig. 7 and 12-17) laterally extending along the periphery region of a flow-conducting wall, said lid part including or supporting at least one of:
lid connection means (e.g., hinge 60f) arranged at a first peripheral region thereof and providing swivelling connection with the container part (e.g., Fig. 1-17, para 23-27 and claims 1-9);
lid retention means (e.g., raised portions as seen in Fig. 7 and 12-17) arranged on a second peripheral region thereof, preferentially opposite to the first peripheral region (e.g., Fig. 1-17, para 23-27 and claims 1-9);
lid sealing portion (e.g., seal 61) extending along a downstream- oriented peripheral edge common to the flow-conducting wall (e.g., Fig. 1-17, para 23-27 and claims 1-9);
Regarding claim 14, as best understood: the portion holder according to claim 1, wherein said portion holder comprises:
a container part (e.g., container seen in Fig. 7 and 12-17) with a sidewall presenting an upstream sidewall portion (e.g., sidewall portions seen in Fig. 7 and 12-17) and a downstream sidewall portion (e.g., sidewall portions seen in Fig. 7 and 12-17) that supports retention means (e.g., raised portions as seen in Fig. 7 and 12-17) adapted for pressurized fitted retention of said container part inside the portion receiving part (e.g., Fig. 1-17, para 23-27 and claims 1-9);
a lid part (e.g., lid 60c) that presents a collar-like flow-confining wall extending laterally peripherally of a flow-conducting wall extending transversally to the prevailing flow direction (e.g., Fig. 1-17, para 23-27 and claims 1-9); and
Regarding claim 15, as best understood: the portion holder according to claim 1,
wherein the retention means are provided as an injection moulded part (e.g., raised portions as seen in Fig. 7 and 12-17, wherein the recitation of ‘injection moulded’ is interpreted as a product by process recitation) that extends through a perimeter transition region between upstream and downstream sidewall portions thereby forming at least one of:
a container sealing portion (e.g., portions of the container which engage seal 61) extending inwards along the interior perimeter and that provides sitting support, in the peripheral interface region between the container and lid parts, for a rim portion (e.g., rim seen in Fig. 7) of the single portion and to a lid sealing portion (e.g., seal 61) (e.g., Fig. 1-17 and para 23-27), and
a material connection (e.g., hinge and connection seen in Fig. 7) of lid connection means that provide the hinged connection of the lid part with the container part at a peripheral region thereof (e.g., Fig. 1-17 and para 23-27).
TANDIR does not explicitly disclose an extraction device (as recited in claim 1).
However, Webster discloses:
Regarding claim 1: said container part being adapted so that can be retained by retention means (e.g., tray 3 and lid 4) inside a portion receiving part (e.g., portion of casing 5 receiving tray 3 and lid 4) of an extraction device that can be manually held and operated in a draw-like manner into an operating position engaged with a flow provision part (e.g., drawer 6) of said extraction device (e.g., Fig. 1-12 and para 2, 33-40, 53 and 54); and
Regarding claim 16, as best understood: a system for preparing beverages and including a portion holder according to claim 1,
wherein said system further comprises a beverage preparation apparatus (e.g., a device for automatically brewing and dispensing single cup quantities of coffee through a vending machine disclosed in para 2, device seen in Fig. 11) comprising said extraction device and pressurized flow means (e.g., inflow line 10 delivers heated water, hot water, steam, or compress) upstream thereof so that a pressurized fluid can flow in a prevailing direction through said extraction device, portion holder and single portion inside thereof (e.g., Fig. 1-12 and para 2, 33-40, 53 and 54).
It would have been obvious to one of ordinary skill in the art at the time the invention was made (pre-AIA ) or at the time before the effective filing date (post AIA ) to modify TANDIR as suggested and taught by Webster in order to provide a holder that incorporates automatic means for processing the insertion, drip brewing, and dispensing of the grounds packet, all through a programmed control (e.g., para 8 of Webster).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-16 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-16 of copending Application No. 18/008260. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed subject matter of the present application and that of the claims of the copending application are substantially the same and the claimed subject matter of the present application would have been obvious to one of ordinary skill in the art based on the claimed subject matter of the claims of the copending application.
Claims 1-16 of the present application
Claims 1-16 of 18/008260
1. A portion holder for receiving a single portion comprising a given quantity of beverage precursor substance inside a compostable and permeable confinement, said portion holder (3) comprising: a container part with a sidewall and a base wall and a lid part with a flow-conducting wall presenting flow passageway, jointly confining a collection space extending upstream and downstream of the peripheral interface region between container and lid parts, said lid part being peripherally hinged to the container part by lid connection means so that can be operated to a closed position at which the single portion is confined inside the cavity space, said container part being adapted so that can be retained by retention means inside a portion receiving part of an extraction device that can be manually held and operated in a draw-like manner into an operating position engaged with a flow provision part of said extraction device 4), wherein the container part presents a container sealing portion for providing liquid sealing of the portion holder in the closed position, said container sealing portion configured as an inward-extending peripheral step providing an upstream-oriented support surface for a rim region of single portion and also a support surface for the downstream-oriented peripheral free-edge of the lid part, in particular configured as a lid sealing portion, such that there is provided a sealing engagement of said container and lid sealing portions in case the portion holder is closed.
2. The portion holder according to claim 1, wherein the lid part presents a lid sealing portion provided on the downstream-oriented peripheral free-edge of the lid part, whereby said lid sealing portion presents a downstream-oriented peripheral nut, for example in a V-like cross-section shape, or similar, and whereby said lid sealing portion is configured to sit under pressure on the container sealing portion thereby providing a sealing engagement of said container and lid sealing portion in case the portion holder is closed.
3. The portion holder according to claim 1 wherein the container part supports a container sealing portion provided in an elastically deformable material, preferentially a material different from the container part, and in that the lid part presents a lid sealing portion provided in the same material as the remaining lid part, preferentially in a non-elastic rigid material.
4. The portion holder according to claim 1, wherein the container and lid parts present respective lid retention means configured so as to provide a user actionable mechanical retention of the lid part on the container part, whereby said lid retention means are not arranged next to the hinged connection of the lid and container parts, whereby the lid retention means are preferentially configured as a localized embossment of the internal surface of the container part operationally aligned with a flattened exterior portion of the flow-confining wall of the lid part, such that the lid part can be retained in a closed position and the lid sealing portion is pressed downwards against container sealing portion.
5. The portion holder according to claim 1, wherein the container and lid parts present respective container and lid sealing portions that are provided in mutually opposing regions, in particular in a downstream-oriented base region and in a upstream-oriented inwards extending step, respectively, and adapted such that the lid sealing portion sits under closure-driving pressure on the container sealing portion along a continuous peripheral extension in the closed position of the portion holder, whereby said closure-driving pressure can be provided by at least one of: pressurized engagement of the top region of the lid part with the flow provision part of extraction device (4); pressurized engagement of lid retention means corresponding to a closed position of the portion holder.
6. The portion holder according to claim 1, wherein the container and lid parts present lid retention means configured so as to provide mechanical retention of the lid part on the container part by means of the user applying pressure on a peripheral portion of the top region of the lid part, enough to drive a lid retention portion past a container retention portion, whereby the lid retention means are configured so as to provide mechanical retention of the lid part on the container part even in case the portion holder is not engaged by the flow provision part of the brewing device, preferentially also requiring the user to apply pressure so as to release the retention of the lid part from the container part.
7. The portion holder according to claim 1, wherein the container and lid parts present respective lid retention means configured so as to resist the upwards-acting hydraulic pressure build-up inside the confined space of the portion holder associated with flow injection, whereby the lid retention means are preferentially configured such that can provide retention and release thereof by means of a similar gesture and pressure by the user, and preferentially providing haptic perception thereof to the user.
8. The portion holder according to claim 1, wherein the container and lid parts present lid retention means configured so as resist the upwards-acting hydraulic pressure build-up inside the confined space of the portion holder associated with flow injection, whereby the lid retention means are preferentially configured such that can provide retention and release thereof by means of a similar gesture and pressure by the user, and preferentially providing haptic perception thereof to the user.
9. The portion holder according to claim 1, wherein the container and lid parts present retention means arranged opposite to connection means, in particular to connection retention means associated with the connection means of the lid part to the container part, such that there are provided mutually opposing mechanical retentions of the lid part of portion holder, whereby said retentions are preferentially configured so that can be jointly actuated.
10. The portion holder according to claim 1, wherein the container and lid parts present lid retention means configured as a localized embossment of the internal surface of the container part operationally aligned with a flattened exterior portion of the flow-confining wall of the lid part (32), such that the lid part can be retained in a closed position whereby a lid sealing portion (35 is pressed downwards against container sealing portion.
11. The portion holder according to claim 1, wherein the container sealing portion and the holder retention means are provided in a material with similar elastic properties, preferentially in a same material or a material with similar composition, that extends continuously from the retention means to the container sealing arrangement, 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.
12. The portion holder according to claim 1, characterized in that the container part presents a sidewall with an upstream sidewall portion and a downstream sidewall portion that is recessed inwards relative to the upstream sidewall portion, and preferentially also relative to an outward extending portion of the base wall, and in that the container part presents a container sealing portion configured as an inward-extending peripheral step provided in an elastically deformable material, whereby said container sealing portion is provided upstream of the downstream sidewall portion and inwards of the upstream sidewall portion .
13. The portion holder according to claim 1, wherein the lid part presents a collar-like flow- confining wall laterally extending along the periphery region of a flow-conducting wall, said lid part (32) including or supporting at least one of: lid connection means arranged at a first peripheral region thereof and providing swivelling connection with the container part; lid retention means arranged on a second peripheral region thereof, preferentially opposite to the first peripheral region; lid sealing portion extending along a downstream- oriented peripheral edge common to the flow-conducting wall.
14. The portion holder according to claim 1, wherein said portion holder comprises: a container part with a sidewall presenting an upstream sidewall portion and a downstream sidewall portion that supports retention means (7) adapted for pressurized fitted retention of said container part (31) inside the portion receiving part; a lid part that presents a collar-like flow-confining wall extending laterally peripherally of a flow- conducting wall (321) extending transversally to the prevailing flow direction.
15. The portion holder according to claim 1, wherein the retention means are provided as an injection moulded part that extends through a perimeter transition region between upstream and downstream sidewall portions thereby forming at least one of: a container sealing portion extending inwards along the interior perimeter and that provides sitting support, in the peripheral interface region between the container and lidparts, for a rim portion of the single portion and to a lid sealing portion, and a material connection of lid connection means that provide the hinged connection of the lid part with the container part at a peripheral region thereof.
16. A system for preparing beverages and including a portion holder according to claim 1, wherein said system further comprises a beverage preparation apparatus comprising said extraction device and pressurized flow means upstream thereof so that a pressurized fluid can flow in a prevailing direction through said extraction device, portion holder and single portion inside thereof.
1. A portion holder for receiving a single portion comprising a given quantity of beverage precursor substance inside a compostable and permeable confinement, said portion holder comprising: a container part with a sidewall and a base wall, and a lid part with a flow-conducting wall presenting flow passageways, jointly confining a collection space extending upstream and downstream of the peripheral interface region between container and lid parts, said lid part being peripherally hinged to the container part by lid connection means so that can be operated to a closed position at which the single portion is confined inside the cavity space, said container part being adapted so that can be retained inside a portion receiving part of an extraction device that can be manually held and operated in a draw-like manner into an operating position engaged with a flow provision part of said extraction device, and characterized in that the portion holder presents retention means with different configuration and material properties from the remaining sidewall of container portion, adapted so that said container portion can be retained in pressurized fitting inside said portion receiving part.
2. The portion holder according to claim 1, wherein the container part supports retention means provided in a tubular shape around at least part, preferentially at least most part, more preferentially all of the sidewall such that can be pressed under peripheral strain inside said portion receiving part, whereby the retention means present at least one, preferentially several projections extending outward in respect of at least most of the remaining sidewall of container part, preferentially all of the remaining sidewall that sits inside of the portion receiving part.
3. The portion holder according to claim 1, wherein the retention means are provided in a different material or in a different material composition as the rest of said container part, and in that at least one of, preferentially both, the retention means and the container part of portion holder are provided in a different material or in a different material composition as the portion receiving part.
4. The portion holder according to claim 1, wherein the retention means present a non-smooth, preferentially grooved, exterior surface presenting at least one of: a rugosity and a pattern, with projections extending outwards in at least one of: a transversal and parallel direction in respect of the prevailing flow direction, configured so as to generate a material pressure with the corresponding interior surface of said portion receiving part transversal to said prevailing flow direction, whereby the retention means are preferentially provided in a material at least partially elastically deformable.
5. The portion holder according to claim 1, wherein the retention means are provided as a plurality of outwards extending projections arranged successively, for example in rows, at least from the vicinity of the peripheral interface region between container and lid parts to the base wall, and in that the retention means are provided as outwards extending projections presenting a cross-section profile narrowing from the base towards the free-edge thereof.
6. The portion holder according to claim 1, characterized wherein the container part presents a sidewall with an upstream sidewall portion and a downstream sidewall portion that is recessed inwards relative to the upstream sidewall portion, and preferentially also relative to an outward extending portion of the base wall, and 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.
7. The portion holder according to claim 1, in that the retention means are provided as an injection moulded part that extends through a perimeter transition region between upstream and downstream sidewall portions thereby forming at least one of: a container sealing portion extending inwards along the interior perimeter and that provides sitting support, in the peripheral interface region between the container and lid parts, for a rim portion of the single portion and to a lid sealing portion, and a material connection of lid connection means that provide the hinged connection of the lid part with the container part at a peripheral region thereof.
8. The portion holder according to claim 1, wherein said portion holder comprises: a container part with a sidewall presenting an upstream sidewall portion and a downstream sidewall portion that supports retention means adapted for pressurized fitted retention of said container part inside the portion receiving part; a lid part that presents a collar-like flow-confining wall extending laterally peripherally of a flow-conducting wall extending transversally to the prevailing flow direction, whereby the lid part is peripherally hinged connected to the container part by lid connection means that include a material connection of the container part with the lid part, whereby said lid connection means are configured such that can be provided by injection moulding of the container and lid parts such that these can be produced as a single piece.
9. The portion holder according to claim 1, wherein the lid connection means include a material connection provided in the form of an elastically bendable element, preferentially in a band shape or similar, that extends continuously from the upstream region of the upstream sidewall of container part to the lid part, whereby the material connection preferentially includes an elastic material band that is provided such that exerts an elastic force on the lid part upwards in respect of the container part, such that the lid part tends towards the open position.
10. The portion holder according to claim 1, wherein the lid connection means include a connection retention arrangement adapted so that can assist the retention of the lid part at the closed position on the container part, whereby said connection retention arrangement preferentially includes a male-female arrangement in opposing edges of, and arranged sideways in respect of, the material connection and adapted so as to provide a first hard-point retention of the lid part on the container part, whereby said male-female arrangement is preferentially provided on resp