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
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following feature(s) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Claim 13 recites that “wherein the fluid outlet protrudes upward over the slow or the slot protrudes upward over the fluid outlet” is not shown.
Claim 13 recites a first limitation that “a slot defined in the fluid inlet that is upwardly closed” which is shown in the instant specification Fig. 4, slot 8 is defined in the fluid inlet 4 and slot 8 is upwardly closed.
However, claim 13 continues to require that the fluid outlet protrudes upward over the slow or the slot protrudes upward over the fluid outlet, in which Fig. 4 does not clearly show that the fluid outlet 5 protrudes upward over the slot 8 OR the slot 8 protrudes upward over the fluid outlet 5.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
The following claim(s) is/are objected to because of the following informalities:
Claim 2, “or milk for forming the milk-containing fluid” should be changed to “or b) milk for forming the milk-containing fluid”
The numbers in parentheses claims 3-4 and 7-19 should be removed.
Appropriate correction is required.
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) 8, 10, 12, 14-15 and 18 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 8 recites “the overflow collar” which lacks a prior antecedent.
Claim 10 recites “an elastic cross section at least at a free end” which is unclear what makes a cross section elastic.
Claim 12 recites “a first sidewall of the overflow adjoins a side edge of a first opening of the fluid inlet flush on an outer side” which is unclear which structure is flush with which.
Claim 15 recites “a cover which is open in a region of the fluid inlet” which is unclear if “a region of the fluid inlet” is the same or different from “at a side at least in one region” previously recited in claim 7.
Claim 18 recites “the sweetening unit is place on pivotably about a pivot axis formed by an axis of the milk outlet” which is unclear where the sweetening unit is placed on that allows the sweetening unit to be pivotable and pivotable about what structure or axis. The claim only describes that the pivot axis is formed by an axis of the milk outlet, but does not clarify if the sweetening unit is pivotable about the axis of the milk outlet or something else.
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) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reyhanloo (US 20130280403 A1).
Regarding claim 1
Reyhanloo discloses a method for sweetening a milk-containing fluid (method for automatically producing milk froth is based on a milk-frothing apparatus and adding a sweetening means, [0007, 0009], Fig 1), the method comprising:
providing a volume (first partial space 50a, Fig 1, [0026 top]) occupied by a sweetener (a sweetening means 80A, [0027 top]);
conducting the milk-containing fluid (milk and air is sucked into the hollow space 10, [0028 top]) through the sweetener wherein the conducting is undertaken by the milk-containing fluid being conducted through the volume which is occupied by the sweetener (outlet channel 70 through which the automatically produced sweetened milk froth is subsequently output from the emulsion chamber 50, [0028 bottom], this indicates that milk flows through sweetener 80a in the volume 50a to flow out at outlet 70),
wherein the sweetener is a liquid sweetener that does not have dimensional stability (the sweetening means 80A being dissolved at least partially or completely, [0028 top], this indicates that the sweetening means 80A dissolves partially into a liquid once mixed with the milk, and by being liquid, the sweetener 80A is the same or similar to the claimed sweetener, thus would also not have dimensional stability,
note that the claim does not require that the sweetener is a liquid prior to mixing with the milk, thus this limitation is interpreted such that the sweetener can become a liquid during mixing with the milk).
Regarding claim 2
Reyhanloo discloses the method as claimed in claim 1,
Reyhanloo further discloses wherein b) milk for forming the milk-containing fluid is first frothed before being conducted into a container which forms the volume (milk and air is sucked into the hollow space 10 and the steam flows into the emulsion chamber 50 in the form of a milk-air-steam mixture together with the milk, Fig 1, [0028 top], this indicates that the milk is frothed by the air first to result in a frothed milk, then the frothed milk flows into the container 100-1 which forms the volume 50a).
Regarding claim 3
Reyhanloo discloses the method as claimed in claim 1,
Reyhanloo further discloses a) injecting the milk-containing fluid (milk-air-steam mixture through space 10, Fig 1, [0028 top]) into a container (100-1) that defines the volume (50a) such that the milk-containing fluid is conducted through the sweetener (milk mixture flows through sweetener mean 80A).
Regarding claim 4
Reyhanloo discloses the method as claimed in claim 1,
Reyhanloo further discloses wherein
b) the milk-containing fluid (milk-air-steam mixture through space 10, Fig 1, [0028 top]) is injected or conducted into a container (100-1) that forms the volume (50a) such that, upon entry, the milk-containing fluid is at least one of directed downward or does not have a speed component upward (milk mixture enters space 10 and directed downward into the volume 50a).
Regarding claim 5
Reyhanloo discloses the method as claimed in claim 1.
Reyhanloo further discloses wherein the sweetener further comprises a solid (sweetening means 80A is present in the form of a lump of sugar, Fig 1, [0028 bottom]).
Regarding claim 6
Reyhanloo discloses the method as claimed in claim 1.
Reyhanloo further discloses wherein the sweetener is at rest when the milk-conducting fluid is conducted therein (sweetener 80A is not moving/at rest when milk mixture from space 10 is added, Fig 1).
Claim(s) 7-9, 11, 14-17, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brouwer (US 20050155494 A1).
Regarding claim 7
Brouwer discloses a sweetening unit (30, Fig 1) for a dispensing device (Fig 1) for a milk- containing fluid (intended use, the dispensing device in Fig 1 can dispense different types of drinks, including milk or coffee), the sweetening unit (1) comprises:
a container (30, Fig 1) for a sweetener (sugar, [0036 top]), the container having a fluid inlet (inlet 40, annotated in Fig 1, [0028 middle]), a fluid outlet (outlet path 36, [0027]) and a base (lowest bottom wall portion is interpreted as a base annotated in Fig 1),
wherein the fluid inlet (40) and the fluid outlet (36) are configured to allow fluid flow through the sweetener (fluid flows from opening 18 to inlet 40 to outlet 36 through sugar of container 30)
wherein at least one of
a) the fluid outlet (36) is configured as an overflow (fluid flows over the top of outlet 36 in Fig 1) or (“or” is interpreted as only a) or b) is require, not both)
b) the container (30) comprises a trough (container 30 having a trough as seen in Fig 1); and
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the fluid inlet (40) comprises an inlet collar which protrudes upward from the base (inlet collar having a sidewall that protrudes from base annotated in Fig 1) and is not completely closed at a side at least in one region (top side/region of the inlet collar is not closed to allow the fluid to flow through inlet 40).
Regarding claim 8
Brouwer discloses the sweetening unit as claimed in claim 7.
Brouwer further discloses that the fluid outlet (36 Fig 1) is configured as the overflow collar which protrudes upward from base (outlet collar protrudes from base, annotated in Fig 1), and is formed such that the flow can (“can” is interpreted as optional and not required by the claim) pass around the overflow collar on all sides,
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wherein the overflow collar is completely closed at a side (lateral side of the outlet overflow collar is closed, so that the flow has to reach the top of the overflow collar to flow down to outlet path 36) thereof at least in a lower region, and is open above the closed region and at a bottom.
Regarding claim 9
Brouwer discloses the sweetening unit as claimed in claim 7.
Brouwer further discloses wherein
a) the inlet collar (inlet collar annotated in Fig 1) is open upward on an inner side (top/inner side is open to allow fluid to flow into 40) and is closed downward (inlet collar is bounded and closed by the base on the downward side).
Regarding claim 11
Brouwer discloses the sweetening unit as claimed in claim 7.
Brouwer further discloses wherein
b) the overflow (overflow collar of outlet path 36, Fig 1) is spaced apart on all sides from a lateral border (sidewall of container 30) of the sweetening unit (30).
Regarding claim 14
Brouwer discloses the sweetening unit as claimed in claim 8.
Brouwer further discloses wherein the fluid inlet (40 Fig 1) and the fluid outlet (outlet path 36 is at the center of the inlet 40, i.e. merge into each other) merge into each other, and a region of the overflow collar (5) forms a region (center of the overflow outlet collar of outlet path 36 in Fig 1) of the inlet collar (since the inlet collar surrounds the overflow outlet collar, the region of the overflow collar also forms a region of the inlet collar).
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Regarding claim 15
Brouwer discloses the sweetening unit as claimed in claim 7.
Brouwer further discloses a cover (12, Fig 2a) which is open in a region of the fluid inlet (40 Fig 1) for filling the sweetening unit (sweetener container 30 in open position with cover 12 removed Fig 2b, outer channel 54 is detachably connected with the additive holder 30. It can therefore be removed, as shown in FIGS. 2a and 2b, [0029 bottom]) with the sweetener (sugar, [0036 top]), and
the cover (12 Fig 2a) has a mechanism by which the container (30) is openable and closable (Figs 2a and 2b showing the container 30 is open by the cover 12 and Fig 1 shows the container 30 is closed by the cover 12).
Regarding claim 16
Brouwer discloses the sweetening unit as claimed in claim 7.
Brouwer further discloses a partition (a bottom 16 of the pad holder are a number of outflow openings 18, Fig 1, [0025 top], thus bottom 16 is interpreted to be the partition) formed in the container (30) to only partially close the container (bottom 16 partially closes the top of the container 30), the partition (16) leaves an opening (18) downward in the container (fluid flows downward through opening 18 to the container 30), and the fluid inlet (40) and the fluid outlet 36) are formed on a same side of the partition (inlet 40 and outlet 36 are formed on the top side which is the same side as the partition 12).
Regarding claim 17
Brouwer discloses a dispensing device (beverage unit 2, Fig 1) for a milk-containing fluid (intended use, the dispensing device 2 having a fluid unit 6, thus would be capable of dispending milk since milk is also a fluid), the dispensing device (2) comprising:
a basic appliance (beverage unit 2 may be used for preparing beverages of another type, instead of coffee, for instance, chocolate milk, [0036 bottom]) that includes a milk-conducting unit (fluid unit 6 with a fluid conduit 8 capable of dispensing another fluid such as milk, since milk is interpreted as intended use) with a milk outlet (20) for a milk-containing fluid (fluid in conduit 8), and the sweetening unit (30) according to claim 7 connected to the milk outlet 20.
Regarding claim 19
Brouwer discloses the dispensing device of claim 17.
Brouwer further discloses wherein the dispensing device (2, Fig 1) comprises a fully automatic coffee machine (an apparatus for preparing coffee with a fine-bubble froth layer, in particular cappuccino, [0024], where beverage unit 6 is then started with feeding hot water under pressure to the feed opening 20 of the cover 10, the liquid will start flowing out of the additive holder 30 via the siphon and the outflow opening 44, reservoir 34 empties via the outflow opening 60, Para 0033, indicates that the coffee machine is automatic).
Allowable Subject Matter
Claim(s) 13 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
i. In claim 13, the cited prior art of record fails to anticipate and/or render obvious, either solely or in combination, a sweetening unit comprising, among other features,
a slot defined in the fluid inlet that is upwardly closed,
wherein the fluid outlet protrudes upward over the slot or the slot protrudes upward over the fluid outlet.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ullmann (US 20140033503 A1) teaches a milk foam device
Dubief (US 10966563 B2) teaches a chamber for a frothed beverage to mix
Grossi (US 5862740 A) teaches a milk frothed chamber
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Thuyhang Nguyen whose telephone number is (571) 272-5317. The examiner can normally be reached Monday-Friday 8am-5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edward F. Landrum can be reached on (571) 272-5567. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Thuyhang N Nguyen/Examiner, Art Unit 3761
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