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 .
Priority
The claim to priority as a 371 filing of PCT/EP2021/079271, filed on October 21, 2021, which claims benefit to DE 102020213332.8, filed on October 22, 2020, DE 102020213333.6, filed on October 22, 2020, DE102020215357.4, filed on December 4, 2020, DE 102021202394.0, filed on March 11, 2021, DE 102021202395.9, filed on March 11, 2021 and DE102021202396.7, filed on March 11, 2021 is acknowledged in the instant application.
Information Disclosure Statement
The Information Disclosure Statement filed on March 10, 2023, May 5, 2023 and May 14, 2024 have been considered by the Examiner.
Specification
The abstract of the disclosure is objected to because the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The disclosure is objected to because of the following informalities: On page 2 on line 7 the specification refers to a specific claim (claim 1) which is not permitted since claims are subject to renumbering and amendment during prosecution.
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 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: “a first connecting means” and “a fist mating connecting means” in claims 1 and 30.
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 3 and 34 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 3 recites “the first mating connecting means is connected to the first connecting means positively, non-positively and/or materially” renders the claim indefinite because it is unclear what kind of connecting “positively, non-positively and/or materially”. For the purpose of examination, it is presumed that the first mating connecting means is connected to the first connecting means.
Regarding claim 34, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d)
Claim Rejections - 35 USC § 102
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 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(s) 1-4, 8, 10, 29-34 and 39 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gaunt et al. (US Pat. 4,635,824) (cited by Applicant).
Regarding claim 1, Gaunt et al. discloses a low-cost post-mix beverage dispenser and syrup supply system therefor having a cartridge system for making a beverage, wherein the cartridge system can be insert into a beverage preparation machine (10), wherein the cartridge system comprises: a cartridge (20) comprising a reservoir filled with a beverage substance (syrup container 20); a cartridge receptacle (cabinet mount valve assembly 60) comprising: a mixing chamber (mixing nozzle 68) which can be brought into fluid connection with the reservoir; and a fluid feed (soda valve 62) opening into the mixing chamber (68); and an intermediate cap (syrup valve adaptor assembly 80); wherein the cartridge (20) has a first connecting means (screw threads 20C); wherein the intermediate cap (80) has a first mating connecting means (Fig. 3, first mating connecting means for thread 20C) complementary to the first connecting means (20C); and wherein the first mating connecting means is connected to the first connecting means (20C) (Fig. 1-3; Col. 3, Line 25 to Col. 4, Line 7).
Regarding claim 2, Gaunt et al. discloses the cartridge system comprises a sealing element (poppet 84), wherein an opening (22) of the cartridge (20) is closed by the sealing element (84) in an initial state of the cartridge system (Fig. 3. 6 and 7-8; Col. 4, Lines 13-40).
Regarding claim 3, Gaunt et al. discloses the first mating connecting means (Fig. 3, first mating connecting means for thread 20C) is connected to the first connecting means (screw threads 20C) positively, nonpositively and/or materially (Fig. 3; Col. 4, Lines 3-7).
Regarding claim 4, Gaunt et al. discloses the first connecting means (screw threads 20C) comprises an external thread, wherein the first mating connecting means comprises an internal thread (Fig. 3, threaded for mating thread 20C), wherein the cartridge (20) and the intermediate cap (80) are connected to one another by the external thread of the cartridge (20) and the internal thread of the intermediate cap (Fig. 3).
Regarding claim 8, Gaunt et al. discloses the intermediate cap (80) has a base region and an intermediate cap wall, wherein the intermediate cap wall extends generally perpendicular from the base region and circumferentially around the base region (Fig. 3).
Regarding claim 10, Gaunt et al. discloses the first mating connecting means (Fig. 3, first mating connecting means for thread 20C) is arranged on the intermediate cap wall (via 80) (Fig. 3 and 6).
Regarding claim 29, Gaunt et al. discloses a beverage machine (10), comprising the cartridge system as claimed in claim 1 (Fig. 1-2).
Regarding claim 30, Gaunt et al. discloses a process for manufacturing the cartridge system as claimed in claim 1, comprising: providing the cartridge (20) and the intermediate cap (syrup valve adaptor assembly 80) in a first process step; and connecting in a second process step, after the first process step, the cartridge (20) and the intermediate cap to one another by the first connecting means (screw threads 20C) of the cartridge (20) and the first mating connecting means (Fig. 3, first mating connecting means for thread 20C) of the intermediate cap (Fig. 3).
Regarding claim 31, Gaunt et al. discloses in an intermediate step, before the second process step, a sealing element (poppet 84) is arranged on the intermediate cap and/or is secured on the intermediate cap (80) (Fig. 3 and 6).
Regarding claim 32, Gaunt et al. discloses the sealing element (84) is secured on the intermediate cap (80) by a plastic in the intermediate step before the second process step (Fig. 3 and 6).
Regarding claim 33, Gaunt et al. discloses the sealing element (84) secured on the intermediate cap (80) sealed to an edge of a cartridge wall in the second process step (Fig. 3 and 6).
Regarding claim 34, Gaunt et al. discloses in a first partial step of the second process step, the cartridge (20) and the intermediate cap (80) are connected to one another, in particular screwed to one another, by the fist connecting means (20c) of the cartridge (20) and/or the first mating connecting means (Fig. 3, first mating connecting means for thread 20C) of the intermediate cap (80); and wherein, in a second partial step of the second process step following the first partial step, the sealing element (84) secured on the intermediate cap (80) is connected to an edge of a cartridge wall (Fig. 3 and 6).
Regarding claim 39, Gaunt et al. discloses the intermediate cap (80) is a cup-shape design (Fig. 6).
Claim(s) 1-3, 8-11, 29-34 and 39-41 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by of Kruger et al. (US Pub. 2019/0127200) (new cited).
Regarding claim 1, Kruger et al. discloses a cartridge receiver, cartridge system (1), drink preparation machine and method for producing a drink having the cartridge system (1) for making a beverage, wherein the cartridge system (1) can be insert into a beverage preparation machine (3), wherein the cartridge system (1) comprises: a cartridge (2) comprising a reservoir (6) filled with a beverage substance (7); a cartridge receptacle (10) comprising: a mixing chamber (8) which can be brought into fluid connection with the reservoir (6); and a fluid feed (91) opening into the mixing chamber (8); and an intermediate cap (10); wherein the cartridge (2) has a first connecting means (52); wherein the intermediate cap (10) has a first mating connecting means (51) complementary to the first connecting means (52); and wherein the first mating connecting means (51) is connected to the first connecting means (52) (Fig. 1-3 and 7-8; Par. 61-62, 64-66).
Regarding claim 2, Kruger et al. discloses the cartridge system comprises a sealing element (18), wherein an opening (63) of the cartridge (2) is closed by the sealing element (18) in an initial state of the cartridge system (Fig. 2a; Par. 70).
Regarding claim 3, Kruger et al. discloses the first mating connecting means (51) is connected to the first connecting means (52) (Fig. 3 and 7-8; Par. 64).
Regarding claim 8, Kruger et al. discloses the intermediate cap (10) has a base region and an intermediate cap wall, wherein the intermediate cap wall extends generally perpendicular from the base region and circumferentially around the base region (Fig. 8a).
Regarding claim 9, Kruger et al. discloses the base region of the intermediate cap (10) has a through-opening (guide channel 110) for passing a piercing spike (73) through the through-opening for the base region (Fig. 3 and 8; Par. 91-92).
Regarding claim 10, Kruger et al. discloses the fist mating connecting means (51) is arranged on the intermediate cap wall (10) (Fig. 8a).
Regarding claim 11, Kruger et al. discloses the sealing element (18) is arranged between an edge of a cartridge wall of the cartridge (2) and a base region of the intermediate cap (10) (Fig. 2 and 3).
Regarding claim 29, Kruger et al. discloses a beverage preparation machine (3), comprising the cartridge system as claimed in claim 1 (Fig. ; Par. 61).
Regarding claim 30, Kruger et al. discloses a process for manufacturing the cartridge system as claimed in claim 1, comprising: providing the cartridge (2) and the intermediate cap (10) in a first process step; and connecting in a second process step, after the first process step, the cartridge (2) and the intermediate cap (10) to one another by the first connecting means (52) of the cartridge (2) and the first mating connecting means (51) of the intermediate cap (Fig. 3 and 7-8).
Regarding claim 31, Kruger et al. discloses in an intermediate step, before the second process step, a sealing element (18) is arranged on the intermediate cap and/or is secured on the intermediate cap (10) (Fig. 3).
Regarding claim 32, Kruger et al. discloses the sealing element (18) is secured on the intermediate cap (10) by a plastic in the intermediate step before the second process step (Fig. 3).
Regarding claim 33, Kruger et al. discloses the sealing element (18) secured on the intermediate cap (10) sealed to an edge of a cartridge wall (via 2; Fig. 2a) in the second process step (Fig. 2a-b and 3).
Regarding claim 34, Kruger et al. discloses in a first partial step of the second process step, the cartridge (2) and the intermediate cap (10) are connected to one another, in particular screwed to one another, by the fist connecting means (52) of the cartridge (2) and/or the first mating connecting means (51) of the intermediate cap (10); and wherein, in a second partial step of the second process step following the first partial step, the sealing element (18) secured on the intermediate cap (10) is connected to an edge of a cartridge wall (Fig. 3).
Regarding claim 39, Gaunt et al. discloses the intermediate cap (10) is a cup-shape design (Fig. 1 and 8a).
Regarding claim 40-41, Kruger et al. discloses the sealing element (18) is a sealing film and wherein the sealing element is secured by adhesive bonding (Fig. 2a; Par. 70).
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.
Claim(s) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gaunt et al. (US Pat. 4,635,824) in view of Kowalik (US Pat. 3,893,582) (new cited).
Regarding claim 5, Gaunt et al. discloses substantially all features of the claimed invention as set forth above including the cartridge (20), the intermediate cap (syrup valve adaptor assembly 80) except the cartridge has a first twist prevention means and/or wherein the intermediate cap has a further first twist prevention means, wherein a relative orientation between the cartridge and the intermediate cap is defined with the aid of the first twist prevention means and/or the further first twist prevention means. Kowalik discloses the cartridge has a first twist prevention means (20) and/or wherein the cap (7) has a further fist twist prevention means (17), wherein a relative orientation between the cartridge (4) and the cap (7) is defined with the aid of the first twist prevention means (20) and/or the further first twist prevention means (17) (Fig. 2-5; Col. 2, Line 9 to Col. 3, Line 68). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Gaunt et al., the cartridge has a first twist prevention means and/or wherein the intermediate cap has a further first twist prevention means, wherein a relative orientation between the cartridge and the intermediate cap is defined with the aid of the first twist prevention means and/or the further first twist prevention means, as taught by Kowalik, for the purpose of providing a locking lug engaging to the shoulder to prevent opening.
Regarding claim 6, Kowalik discloses the first twist prevention means (20) of the cartridge (4) comprises vertical rib and/or a vertical groove, and/or wherein the further first twist prevention means (17) of the cap (7) comprises vertical rib and/or vertical groove (Fig. 2-3).
Regarding claim 7, Kowalik discloses the first twist prevention means (20) formed adjacent to the external thread (13a) of the cartridge (4), and/or wherein the further twist prevention (17) formed adjacent to the internal thread (13) of the cap (7) (Fig. 2).
Claim(s) 40-41 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gaunt et al. (US Pat. 4,635,824) in view of Kruger et al. (US Pub. 2019/0127200).
Regarding claim 40-41, Gaunt et al. discloses substantially all features of the claimed invention as set forth above except the sealing element is a sealing film and wherein the sealing element is secured by adhesive bonding. Kruger et al. discloses the sealing element (18) is a sealing film and wherein the sealing element is secured by adhesive bonding (Fig. 2a; Par. 70). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Gaunt et al., the sealing element is a sealing film and wherein the sealing element is secured by adhesive bonding, as taught by Kruger et al., for the purpose of sealing the cartridge.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kruger et al. (US Pub. 2019/0127200) in view of Gaunt et al. (US Pat. 4,635,824).
Regarding claim 4, Kruger discloses substantially all features of the claimed invention as set forth above including the first connecting means (52) and the first mating connecting means (51) except the first connecting means comprises an external thread, wherein the first mating connecting means comprises an internal thread, wherein the cartridge and the intermediate cap are connected to one another by the external thread of the cartridge and the internal thread of the intermediate cap. Gaunt et al. discloses the first connecting means (screw threads 20C) comprises an external thread, wherein the first mating connecting means comprises an internal thread (Fig. 3, threaded for mating thread 20C), wherein the cartridge (20) and the intermediate cap (80) are connected to one another by the external thread of the cartridge (20) and the internal thread of the intermediate cap (Fig. 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Kruger et al., the first connecting means comprises an external thread, wherein the first mating connecting means comprises an internal thread, wherein the cartridge and the intermediate cap are connected to one another by the external thread of the cartridge and the internal thread of the intermediate cap, as taught by Gaunt et al., for the purpose of suitable to the user application to use internal and external thread for connecting the cartridge and the cap.
Claim(s) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kruger et al. (US Pub. 2019/0127200) in view of Kowalik (US Pat. 3,893,582).
Regarding claim 5, Kruger et al. discloses substantially all features of the claimed invention as set forth above including the cartridge (2), the intermediate cap (10) except the cartridge has a first twist prevention means and/or wherein the intermediate cap has a further first twist prevention means, wherein a relative orientation between the cartridge and the intermediate cap is defined with the aid of the first twist prevention means and/or the further first twist prevention means. Kowalik discloses the cartridge has a first twist prevention means (20) and/or wherein the cap (7) has a further fist twist prevention means (17), wherein a relative orientation between the cartridge (4) and the cap (7) is defined with the aid of the first twist prevention means (20) and/or the further first twist prevention means (17) (Fig. 2-5; Col. 2, Line 9 to Col. 3, Line 68). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Kruger et al., the cartridge has a first twist prevention means and/or wherein the intermediate cap has a further first twist prevention means, wherein a relative orientation between the cartridge and the intermediate cap is defined with the aid of the first twist prevention means and/or the further first twist prevention means, as taught by Kowalik, for the purpose of providing a locking lug engaging to the shoulder to prevent opening.
Regarding claim 6, Kowalik discloses the first twist prevention means (20) of the cartridge (4) comprises vertical rib and/or a vertical groove, and/or wherein the further first twist prevention means (17) of the cap (7) comprises vertical rib and/or vertical groove (Fig. 2-3).
Regarding claim 7, Kowalik discloses the first twist prevention means (20) formed adjacent to the external thread (13a) of the cartridge (4), and/or wherein the further twist prevention (17) formed adjacent to the internal thread (13) of the cap (7) (Fig. 2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUNG D NGUYEN whose telephone number is (571)270-7828. The examiner can normally be reached Mon-Fri 9AM - 9PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edward Landrum can be reached at (571)272-5567. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HUNG D NGUYEN/Primary Examiner, Art Unit 3761 12/9/2025
HUNG D. NGUYEN
Primary Examiner
Art Unit 3761