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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/04/2026 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/04/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities: “the dump valve 12” as cited in lines 14-15, Page 6 of the present Specification, should be changed to --the dump valve 13--.
Appropriate correction is required.
Claim Objections
Claims 17-23, 25, and 27-35 are objected to because of the following informalities:
In claim 17: the limitation: "apparatus" as cited in line 1, should be changed to --an apparatus--.
In claim 29: the limitation: "actuator arrangement" as cited in line 2, should be changed to --the actuator arrangement--.
Correction is required.
Notification regarding 35 USC § 112f
The following is a quotation of AIA 35 U.S.C. 112f:
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.
Claim limitation “an actuator arrangement for moving the restrictor” in claim 17 has been interpreted under 35 U.S.C. 112(f), because it uses/they use a generic placeholder “an actuator arrangement” coupled with functional language “for moving the restrictor” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f), claim 17 has been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that, although it is not clear, the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) limitation: “…The actuator arrangement may comprise a step motor…The actuator arrangement may comprise an actuator member…” has been described in the present Specification.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f), applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f).
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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.
Claim 21 is rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
In claim 21, the limitation: “an actuator”, is indefinite because it is unclear is it the same “an actuator” as cited in independent claim 17 or not? For the purpose of examination, they are considered as the same. Thus, “an actuator” as cited in claim 21, should be changed to --the actuator--. Correction is required.
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.
Claim 1 is rejected under 35 U.S.C. 102(a1) as being anticipated by Grundmann (EP 1486250 A2).
Regarding claim 1, Grundmann discloses a beverage preparation machine1 (intended use) having apparatus (apparatus 10, figs.1-2) for generating foam in a beverage ingredient [Par.0008 cited: “…apparatus for foaming a liquid…”], the foam generating apparatus (apparatus 10) including at least one nozzle (vessel 12, figs.1-2) having a central fluid flow passage (passage 30, figs.1-2) which defines a fluid flow path from an inlet end (end wall 12a, figs.1-2) adjacent to an inlet port (inlet 14, figs.1-2) of said passage (passage 30) towards an outlet end (end wall 12b, figs.1-2) of said passage (passage 30), the nozzle (vessel 12) having a restrictor (restrictor 22, figs.1-2) movable relative to the passage (passage 30) to vary the minimum cross-sectional area of the fluid flow path through the passage (passage 30), the nozzle (vessel 12) having an actuator arrangement (rod 26, figs.1-2) for moving the restrictor (restrictor 22), wherein the passage (passage 30) has a longitudinal axis and the restrictor (restrictor 22) is co-axial with or parallel to the passage (passage 30), the cross-sectional area of the restrictor (restrictor 22) being smaller than that of the passage (passage 30) and wherein the restrictor (restrictor 22) is movable to at least one advanced position in which the restrictor (restrictor 22) projects into the passage (passage 30), and when the restrictor (restrictor 22) projects into the passage, at least part of the fluid flow path through the passage (passage 30) is defined by a gap (spaces between end wall 12a and restrictor 22, fig.2) between a side surface extending in an axis direction of the restrictor (restrictor 22) and a surface of the fluid central flow passage (passage 30), an axis (vertical axis) of the inlet port (inlet 14) is perpendicular to an axis (horizontal axis) of the flow restrictor (restrictor 22), and at the inlet port (inlet 14), a gas/fluid beverage mixture collides with an exposed portion of the side surface of the restrictor (restrictor 22) before flowing through the gap (spaces between end wall 12a and restrictor 22), and the gas/fluid beverage mixture impacts the restrictor (restrictor 22) to generate a foamed gas/fluid beverage mixture when passing through the gap (spaces between end wall 12a and restrictor 22) before being dispensed via a dispensing outlet (outlet 16, figs.1-2).
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Claim Rejections - 35 USC § 103
The following is a quotation of AIA 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 17-23, 25, and 27-35 are rejected under 35 U.S.C. 103 as being unpatentable over Piscaer et al. (US 20090107342 A1) in view of Grundmann (EP 1486250 A2).
Regarding claim 17, Piscaer discloses
A beverage preparation machine having apparatus (apparatus 100, fig.1) for generating foam in a beverage ingredient [Par.0028 cited: “… at least one beverage such as coffee, tea, chocolate milk, soup and the like. Here, as desired, the beverage may be foamed…”], the foam generating apparatus (apparatus 100, fig.1) including at least one nozzle (device, fig.2b) having a fluid flow passage (outlet 130A, 130B, fig.2b) which defines a fluid flow path from an inlet end of said passage (outlet 130A, 130B) towards an outlet end of said passage (outlet 130A, 130B), the nozzle (device, fig.2b) having a restrictor (plug 136A, 136B, fig.2b) movable relative to the passage (outlet 130A, 130B) to vary the minimum cross-sectional area of the fluid flow path through the passage (outlet 130A, 130B), the nozzle (device, fig.2b) having an actuator arrangement (first and second drive 150A, 150 B, fig.2b) for moving the restrictor (plug 136A, 136B) wherein the passage (outlet 130A, 130B, fig.2b) has a longitudinal axis and the restrictor (plug 136A, 136B, fig.2b) is co-axial with or parallel to the passage (outlet 130A, 130B), the cross-sectional area of the restrictor (plug 136A, 136B) being smaller than that of the passage (outlet 130A, 130B) [parts of plug 136A, 136B, are smaller than outlet 130A, 130B, fig.2b].
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However, Piscaer does not disclose the nozzle having a central fluid flow passage; and an inlet end adjacent to an inlet port; and the restrictor is movable to at least one advanced position in which the restrictor projects into the passage, and when the restrictor projects into the passage, at least part of the fluid flow path through the passage is defined by a gap between a side surface extending in an axis direction of the restrictor and a surface of the fluid central flow passage, an axis of the inlet port is perpendicular to an axis of the flow restrictor, and at the inlet port, a gas/fluid beverage mixture collides with an exposed portion of the side surface of the restrictor before flowing through the gap, and the gas/fluid beverage mixture impacts the restrictor to generate a foamed gas/fluid beverage mixture when passing through the gap before being dispensed via a dispensing outlet.
Grundmann discloses apparatus (apparatus 10, figs.1-2) for generating foam in a beverage ingredient [Par.0008 cited: “…apparatus for foaming a liquid…”], the foam generating apparatus (apparatus 10) including at least one nozzle (vessel 12, figs.1-2) having a central fluid flow passage (passage 30, figs.1-2) which defines a fluid flow path from an inlet end (end wall 12a, figs.1-2) adjacent to an inlet port (inlet 14, figs.1-2) of said passage (passage 30) towards an outlet end (end wall 12b, figs.1-2) of said passage (passage 30), the nozzle (vessel 12) having a restrictor (restrictor 22, figs.1-2) movable relative to the passage (passage 30) to vary the minimum cross-sectional area of the fluid flow path through the passage (passage 30), the nozzle (vessel 12) having an actuator arrangement (rod 26, figs.1-2) for moving the restrictor (restrictor 22), wherein the passage (passage 30) has a longitudinal axis and the restrictor (restrictor 22) is co-axial with or parallel to the passage (passage 30), the cross-sectional area of the restrictor (restrictor 22) being smaller than that of the passage (passage 30) and wherein the restrictor (restrictor 22) is movable to at least one advanced position in which the restrictor (restrictor 22) projects into the passage (passage 30), and when the restrictor (restrictor 22) projects into the passage, at least part of the fluid flow path through the passage (passage 30) is defined by a gap (spaces between end wall 12a and restrictor 22, fig.2) between a side surface extending in an axis direction of the restrictor (restrictor 22) and a surface of the fluid central flow passage (passage 30), an axis (vertical axis) of the inlet port (inlet 14) is perpendicular to an axis (horizontal axis) of the flow restrictor (restrictor 22), and at the inlet port (inlet 14), a gas/fluid beverage mixture collides with an exposed portion of the side surface of the restrictor (restrictor 22) before flowing through the gap (spaces between end wall 12a and restrictor 22), and the gas/fluid beverage mixture impacts the restrictor (restrictor 22) to generate a foamed gas/fluid beverage mixture when passing through the gap (spaces between end wall 12a and restrictor 22) before being dispensed via a dispensing outlet (outlet 16, figs.1-2).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify a foam generating apparatus of Piscaer, comprises the nozzle having a central fluid flow passage; and an inlet end adjacent to an inlet port; and the restrictor is movable to at least one advanced position in which the restrictor projects into the passage, and when the restrictor projects into the passage, at least part of the fluid flow path through the passage is defined by a gap between a side surface extending in an axis direction of the restrictor and a surface of the fluid central flow passage, an axis of the inlet port is perpendicular to an axis of the flow restrictor, and at the inlet port, a gas/fluid beverage mixture collides with an exposed portion of the side surface of the restrictor before flowing through the gap, and the gas/fluid beverage mixture impacts the restrictor to generate a foamed gas/fluid beverage mixture when passing through the gap before being dispensed via a dispensing outlet, as taught by Grundmann, in order to improve the method of generating foam.
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Regarding claim 18, Piscaer discloses
the foam generating apparatus (apparatus 100, fig.1) has more than one said nozzle (device, figs.2b and 3).
Regarding claim 19, Piscaer discloses
the foam generating apparatus (apparatus 100, fig.1) comprises at least two of said nozzles (device, figs.2b and 3) connected in series or in parallel.
Regarding claim 20, Piscaer does not disclose the foam generating apparatus comprises four of said nozzles, a first pair of said nozzles being fluidly connectable in series and a second pair of said nozzles being fluidly connectable in series.
However, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify a foam generating apparatus of Piscaer, comprises four of said nozzles, a first pair of said nozzles being fluidly connectable in series and a second pair of said nozzles being fluidly connectable in series, since It has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960), in order to improve productivity.
Regarding claim 21, Piscaer discloses
the foam generating apparatus (apparatus 100, fig.1) comprises an actuator (bottom part of first and second drive 150A, 150 B, fig.2b) operatively connected with the restrictor (plug 136A, 136B, fig.2b) of at least two of said nozzles (device, figs.2b and 3) for simultaneously moving the restrictors (plug 136A, 136B) of said at least two nozzles (device, figs.2b and 3) relative to their respective passages (outlet 130A, 130B, fig.2b).
Regarding claim 22, Piscaer discloses
the foam generating apparatus (apparatus 100, fig.1) including, at least two of said nozzles (device, figs.2b and 3) and wherein the bores of said at least two nozzles (device, figs.2b and 3) are defined in a single, common body.
Regarding claim 23, Piscaer discloses
the restrictor (plug 136A, 136B, fig.2b) is movable to at least one retracted position in which it is fully withdrawn out of the passage (outlet 130A, 130B, fig.2b).
Regarding claim 25, Piscaer discloses
the restrictor (plug 136A, 136B, fig.2b) is movable to any one of a range of different advanced positions.
Regarding claim 27, Piscaer discloses
the restrictor (plug 136A, 136B, fig.2b) and the passage (outlet 130A, 130B, fig.2b) are the same shape in lateral cross-section.
Regarding claim 28, Piscaer discloses
the restrictor (plug 136A, 136B, fig.2b) is an elongate pin-like member aligned parallel or co-axially with an axis of the passage (outlet 130A, 130B, fig.2b) and is reciprocally movable in a direction parallel to said axis.
Regarding claim 29, Piscaer discloses
the actuator arrangement (first and second drive 150A, 150 B, fig.2b) comprises a stepper motor [Par.0051 cited: “…central shaft 9 is driven by drive means 12, for instance an electric motor…”].
Regarding claim 30, Piscaer discloses
the nozzle (apparatus 100, fig.1) comprising a body (housing of apparatus 100, fig.1) defining a bore (compartment inside apparatus 100, fig.1) having an axis and wherein the passage (outlet 130A, 130B, fig.2b) is located in a region of the bore so as to extend parallel to or co-axial with said axis, the nozzle (apparatus 100) comprising an inlet port (inlet opening 104, fig.1) for directing fluid into the bore upstream of the passage (outlet 130A, 130B), and the actuator arrangement (first and second drive 150A, 150 B, fig.2b) being adapted to move the restrictor (plug 136A, 136B) reciprocally along the bore to move the restrictor (plug 136A, 136B) into and out of the passage (outlet 130A, 130B).
Regarding claim 31, Piscaer discloses
passage (outlet 130A, 130B, fig.2b) is defined by an annular sleeve (constriction 134A, 134B, fig.2b) mounted in said region of the bore (compartment inside apparatus 100, fig.1).
Regarding claim 32, Piscaer discloses
the restrictor (plug 136A, 136B, fig.2b) is an elongate pin-like member (part 146a, 146b, fig.2b), the nozzle (device, fig.2b) being configured such at that the pin-like member (part 146a, 146b) is locatable in at least one advanced position in which part (bottom of part 146a, 146b) of the pin-like member (part 146a, 146b) penetrates the passage (outlet 130A, 130B, fig.2b) while another part (top of part 146a, 146b) of the pin-like member (part 146a, 146b) is located in the bore opposite the inlet port (inlet opening 104, fig.1) such that fluid entering bore through the port is directed onto the pin-like member (part 146a, 146b) and is able to enter the passage (outlet 130A, 130B) by flowing about the pin-like member (part 146a, 146b).
Regarding claim 33, Piscaer discloses
the pin-like member (part 146a, 146b, fig.2b) is locatable in at least one retracted position in which the pin-like member (part 146a, 146b) is fully withdrawn from the passage (outlet 130A, 130B, fig.2b) so as to be wholly located on the opposite side of the inlet port (inlet opening 104, fig.1) from the sleeve (constriction 134A, 134B, fig.2b).
Regarding claim 34, Piscaer discloses
the actuator arrangement (first and second drive 150A, 150B, fig.2b) comprises an actuator member (top portion of first and second drive 150A, 150B, fig.2b) reciprocally slidable in a further region of the bore which extends beyond the inlet port (inlet opening 104, fig.1) on the opposite side of the inlet port (inlet opening 104) from the sleeve (constriction 134A, 134B, fig.2b).
Regarding claim 35, Piscaer discloses
the passage (outlet 130A, 130B, fig.2b) is cylindrical and at least part (part 146a, 146b, fig.2b) of the restrictor (plug 136A, 136B, fig.2b) which projects into the passage (outlet 130A, 130B) is cylindrical but with a smaller outer dimeter than the passage (outlet 130A, 130B).
Response to Amendment
Applicant's arguments with respect to claims 17-23, 25, and 27-35, filed on 05/04/2026, have been considered but are moot in view of the new ground(s) of rejection.
The newly Grundmann reference has the same technical field with the primary Piscaer reference in field of generating foam. Grundmann discloses in figs.1-2, with the restrictor (restrictor 22) is movable to at least one advanced position in which the restrictor (restrictor 22) projects into the passage (passage 30), and when the restrictor (restrictor 22) projects into the passage, at least part of the fluid flow path through the passage (passage 30) is defined by a gap (spaces between end wall 12a and restrictor 22, fig.2) between a side surface extending in an axis direction of the restrictor (restrictor 22) and a surface of the fluid central flow passage (passage 30), an axis (vertical axis) of the inlet port (inlet 14) is perpendicular to an axis (horizontal axis) of the flow restrictor (restrictor 22), and at the inlet port (inlet 14), a gas/fluid beverage mixture collides with an exposed portion of the side surface of the restrictor (restrictor 22) before flowing through the gap (spaces between end wall 12a and restrictor 22), and the gas/fluid beverage mixture impacts the restrictor (restrictor 22) to generate a foamed gas/fluid beverage mixture when passing through the gap (spaces between end wall 12a and restrictor 22) before being dispensed via a dispensing outlet (outlet 16, figs.1-2).
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Examiner’s note: for compact prosecution purpose, it is suggested the independent claim 17 is amended, by including more structure limitations as shown in the present Drawing in Fig.1, such as a valve, a dump valve, a one-way-valve, a pump, and a heater… in order to clarify it is in beverage preparation machine field, thus it overcomes the newly cited prior art above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pelfrey et al. (US 20130140380 A1) is considered as the relevant prior art in field of an apparatus to generate foam, as shown in fig.4, with a nozzle, a passage, and an actuator, but does not disclose the newly amended limitations such as a gap, and an axis of the inlet port is perpendicular to an axis of the flow restrictor…
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONG T NGUYEN whose telephone number is (571)270-1834. The examiner can normally be reached 9.00am-5.00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached on 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHUONG T NGUYEN/Primary Examiner, Art Unit 3761
06/29/2026
1 An apparatus 10 of Grundmann, for generating the foam, it can be used in a beverage preparation machine.
Prosecution Insights