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 .
Response for Election/Restrictions
Applicant's election without transverse of Group I (claims 1-12) in the reply filed on 02/03/2026 is acknowledged. Non-elected Group II (claims 13-14) is withdrawn from consideration. The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/31/2023. 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 title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. In this case, the present title is too long. See MPEP 606.01. Correction is required.
The following tittle is suggested: --A tool adjusting the amount of powdered material--.
Claim Objections
Claim 12 is objected to because of the following informalities:
In claim 12, the limitation: “a tool” should be changed to –the tool--.
Appropriate 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.
Claims 1-5 and 12 are rejected under 35 U.S.C. 102(a1) as being anticipated by Morin et al. (US 20190183282 A1).
Regarding claim 1, Morin discloses
A tool (storage reservoir 5, figs.3-4) adjusting the amount of powdered material contained in a vessel (housing 2, fig.3), comprising:
a storage reservoir (volume 8, fig.3) of an excess of powdered material contained in said vessel (housing 2),
a lower wall (bottom wall 13, fig.4) configured to be positioned inside said vessel (housing 2),
a side wall (side wall of storage reservoir 5, figs.3-4) configured to rotatably support said tool (storage reservoir 5) resting on a peripheral edge of said vessel (housing 2) and to position said lower wall (bottom wall 13) at a fixed or adjustable predetermined height inside said vessel (housing 2) [storage reservoir 5 can be removed and rotated with respect to the housing 2, fig.4],
wherein said lower (bottom wall 13) comprising:
at least a first blade (member 16, fig.5) configured to pick up said excess of powdered material [powdered material is picked up when member 16 is closing] and
at least one transfer passage (aperture 14, fig.4) for transferring at least most of said excess of powdered material picked up from said first blade (member 16) towards said storage reservoir (volume 8, fig.3).
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Regarding claim 2, Morin discloses
said lower wall (bottom wall 13, fig.4) is circular and is configured to match with a cylindrical peripheral wally of said vessel (housing 2, fig.3).
Regarding claim 3, Morin discloses
said transfer passage (aperture 14, fig.4) is delimited by the cutting edge (edge of member 16, fig.5) of said first blade (member 16, fig.5).
Regarding claim 4, Morin discloses
said first blade (member 16, fig.5) extends radially.
Regarding claim 5, Morin discloses
said storage reservoir (volume 8, fig.3) is configured inside a single hollow body defined at least by said side wall (side wall of storage reservoir 5, figs.3-4) and said lower wall (bottom wall 13, fig.4) having said first blade (member 16, fig.5) and said transfer passage (aperture 14, fig.4).
Regarding claim 12, Morin discloses
A filter holder (filter holder 6, fig.3) with filter [filter, Par.0004 cited: “…filter holder for receiving a filter …”] for a coffee machine (coffee machine 1, fig.3), in combination with the tool (storage reservoir 5, figs.3-4) adjusting the amount of coffee powder contained in said filter (filter).
Allowable Subject Matter
Claims 6-11 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 6, the best prior art Morin et al. (US 20190183282 A1) does not anticipate or render fairly obvious in combination to teach the limitations: “…a second blade movable with respect to said first blade and configured to transfer to said storage reservoir any residual part of said excess of powdered material picked up from said first blade which has not been transferred to said storage reservoir…”.
The dependent claims 7-11 are also objected by being depended on the dependent claim 6.
Conclusion
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
02/08/2026