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 .
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 use the word "means" (See claim 1, “elastic return means”), and thus are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. 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.
Corresponding structure for a "elastic return means " is found at para 0032 and 0102, wherein the "the elastic means 17" is disclosed as a spring 29. 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.
GROUND 1: Claims 1-14 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 1 recites “a chamber which puts the entry and exit apertures in selective communication” which leads to confusion. Chamber 16 is merely illustrated and disclosed as being the interior of housing compartment 15, and thus it is unclear how the chamber itself, is capable of putting the entry and exit apertures 12, 13 in “selective communication” as claimed. Rather, it appears from the drawings and disclosure, that movement of piston 14 between a “closing position” and “opening position” enables fluid flow through the valve, and thus would be responsible for “putting the entry and exit apertures in selective communication”. Thus, it is unclear what is meant by the current claim language. Appropriate clarification and correction is required.
Claim 1 recites the limitation "the position of maximum release" in line 12 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the elastic means" in line 12 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites “a free space, directly facing the entry aperture and substantially as wide as the housing compartment” which leads to confusion as to how free space 30 is substantially as wide as the housing compartment, when the free space is illustrated and disclosed as being contained within the housing compartment. In other words, housing compartment 15 must by definition, be wider than the free space area 30 which is defined to be contained within the boarder thereof. Appropriate clarification and correction is required.
Claims 2-14 are rejected as being necessarily dependent upon claim 1.
Claim 2 recites “wherein in the closing position of the piston the free space has a minimum volume greater than or equal to 10% of a maximum volume corresponding to the fluid passage position” which leads to confusion as to how the “minimum value” could be greater than (i.e. up to possible 100%) of the maximum volume corresponding to a fluid passage position. It is unclear what is meant by the current claim language. Appropriate clarification and correction is required.
Claim 2 recites the limitation "the fluid passage position " in line 4 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites “wherein the free space has a width on a plane orthogonal to an axis coaxial to the entry aperture at least equal to 80% of the width of the housing compartment, or greater than it”, however it is unclear how the free space 30 may be configured to have a width wider than the housing compartment 15. Similar to the rejection made in view the language of claim 1 above, housing compartment 15 must by definition, be wider than the free space area 30 which is defined to be contained within the boarder thereof. Appropriate clarification and correction is required.
Claim 4 recites “the free space has a substantially constant depth on a plane orthogonal to an axis (X) coaxial to the entry aperture” which leads to confusion in view of the drawings and specification which disclose the free space as increasing or decreasing in depth dependent upon positioning of the piston within the housing (i.e. open or close). It is unclear what is meant by the current claim language. Appropriate clarification and correction is required.
Claim 5 recites “a shutter portion which delimits the chamber, separating it from the elastic means, and is provided with a lateral wall which acts as a shutter portion for the exit aperture” which leads to confusion if there are two separate and distinct “shutter portions” of the same shutter portion is being referred to twice within the claim. The claim recites a shutter portion to delimit the chamber and a lateral wall that is a shutter portion for the exit aperture. Appropriate clarification and correction is required.
Claim 6 recites the limitation "the mobile piston " in line 4 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the closing condition " in line 5 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the mobile piston " in lines 4-5 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the closing condition " in line 5 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites wherein the shutter portion of the piston comprises “a section substantially the same as the section of the housing compartment and a smaller portion” which leads to confusion as to how the piston, which is moveable within the housing, can have the same section as the housing. In other words, if the housing and piston were the same size, the functionality of the piston would be destroyed, as it would no longer slide with in the housing as disclosed and illustrated. Appropriate clarification and correction is required.
Claim 10 recites the limitation "the shutter portion " in lines 2-3 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites “in order to guarantee a hydraulic seal” which leads to confusion as to how an annular gasket can be relied on to necessarily “guarantee a seal” as claimed. Appropriate clarification and correction is required.
Claim 11 recites “to keep them in position” which leads to confusion as to what the claim is referring to and what position is being referred to. Cavity 37 clearly houses the elastic means 17, but it is unclear what position (i.e. open or closed) the elastic means 17 is kept in as claimed. Appropriate clarification and correction is required.
Claim 12 recites the limitation "the lower part " in line 5 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the “a machine for preparing coffee beverages, comprising: a brewing unit provided with a brewing chamber, connected by means of an entry aperture to a feed circuit for the water, and by means of an exit aperture to an exit circuit for the beverage, comprising at least one valve device as claim 1 located upstream or downstream of the brewing chamber” which leads to confusion as to the number of entry and exit apertures, as claim 13 recites at least 4 apertures with the inclusion of the valve device of claim 1. Furthermore, it is unclear if the same or different entry and exit apertures are being claimed. It is also noted, the claim limitation reciting “comprising at least one valve device as claim 1” is grammatically incorrect. Appropriate clarification and correction is required.
Claim 14 recites “a first valve device” and “a second valve device” in addition to the “at least one valve device as claim 1” recited in claim 13, from which claim 14 is dependent from. Thus, it is unclear what is meant by the current claim language, in particular how many valves the machine comprises. The current claim lanague appears to require at least 3 distinct valves, however this does not appear to be supported by the figures and specification.
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.
GROUND 2: Claim(s) 1-6 and 10-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Publication No. 2003/0034073 to Roth.
In regard to claim 1, Roth discloses a valve device comprising: a valve body 20 delimiting a housing compartment 26; an entry aperture and an exit aperture for a fluid (See Fig. 3); a chamber 40 which puts the entry and exit apertures in selective communication; a piston 36 disposed in the compartment, which is mobile between a closing position in which it prevents the transit of the fluid and an opening position in which it allows the passage of the fluid through the exit aperture (see Figs. 2-3); elastic return means 50 associated with the piston and disposed outside the chamber 40, wherein in the closing position of the valve device and in the position of maximum release of the elastic means, between a head surface; of the piston and an entry wall of the valve body there remains defined a free space, directly facing the entry aperture and substantially as wide as the housing compartment (See paras 0016-0024).
In regard to claim 2, Roth discloses a valve device, wherein in the closing position of the piston the free space has a minimum volume greater than or equal to 10% of a maximum volume corresponding to the fluid passage position (See Figs. 2-3 and paras 0016-0024).
In regard to claim 3, Roth discloses a valve device, wherein the free space has a width on a plane orthogonal to an axis coaxial to the entry aperture at least equal to 80% of the width of the housing compartment, or greater than it (See Figs. 2-3 and paras 0016-0024).
In regard to claim 4, Roth discloses a valve device, wherein the entry wall comprises at least one flat portion substantially parallel to the head surface and the free space has a substantially constant depth on a plane orthogonal to an axis (X) coaxial to the entry aperture (See Figs. 2-3 and paras 0016-0024).
In regard to claim 5, Roth discloses a valve device, wherein the entry and exit apertures are disposed substantially orthogonal to each other and the piston comprises a shutter portion which delimits the chamber, separating it from the elastic means, and is provided with a lateral wall which acts as a shutter portion for the exit aperture (See Figs. 2-3 and paras 0016-0024).
In regard to claim 6, Roth discloses a valve device, wherein the housing compartment has, in correspondence with the periphery of the entry wall, a portion with a smaller diameter defined by a shoulder 44 that is configured to act as a striker and abutment element for the mobile piston; in the closing condition, wherein the shoulder delimits the free space laterally (See Figs. 2-3 and paras 0016-0024).
In regard to claim 10, Roth discloses a valve device, wherein in a lateral wall of the shutter portion there is provided at least one circumferential groove 46 suitable to house an annular gasket 48 in order to guarantee a hydraulic seal of the chamber between the piston and the valve body (See Figs. 2-3 and paras 0016-0024).
In regard to claim 11, Roth discloses a valve device, wherein the piston has, on the opposite side of the chamber, a cavity configured to house at least part of the elastic means and to keep them in position (See Figs. 2-3 and paras 0016-0024).
In regard to claim 12, Roth discloses a valve device, wherein the valve body comprises an upper half-shell defining an upper portion of the compartment, and a lower half-shell configured to couple to the upper half-shell and close the compartment at the lower part (See Figs. 2-3 and paras 0016-0024).
GROUND 3: Claim(s) 1-6 and 10-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Publication No. 2022/0304497 to Piras et al.
In regard to claim 1, Piras et al. disclose a valve device comprising: a valve body 10 delimiting a housing compartment; an entry aperture and an exit aperture 34, 35 for a fluid (See Figs. 3-4); a chamber 23 which puts the entry and exit apertures in selective communication; a piston 21 disposed in the compartment, which is mobile between a closing position in which it prevents the transit of the fluid and an opening position in which it allows the passage of the fluid through the exit aperture (see paras 0052-0055); elastic return means 28 associated with the piston and disposed outside the chamber, wherein in the closing position of the valve device and in the position of maximum release of the elastic means, between a head surface; of the piston and an entry wall of the valve body there remains defined a free space, directly facing the entry aperture and substantially as wide as the housing compartment (See Figs. 5-7 and paras 0082-0101).
In regard to claim 2, Piras et al. disclose a valve device, wherein in the closing position of the piston the free space has a minimum volume greater than or equal to 10% of a maximum volume corresponding to the fluid passage position (See Figs. 4-7 and paras 0052-055, 0082-0101).
In regard to claim 3, Piras et al. disclose a valve device, wherein the free space has a width on a plane orthogonal to an axis coaxial to the entry aperture at least equal to 80% of the width of the housing compartment, or greater than it (See Figs. 4-7 and paras 0052-055, 0082-0101).
In regard to claim 4, Piras et al. disclose a valve device, wherein the entry wall comprises at least one flat portion substantially parallel to the head surface and the free space has a substantially constant depth on a plane orthogonal to an axis (X) coaxial to the entry aperture (See Figs. 4-7 and paras 0052-055, 0082-0101).
In regard to claim 5, Piras et al. disclose a valve device, wherein the entry and exit apertures are disposed substantially orthogonal to each other and the piston comprises a shutter portion 21 which delimits the chamber, separating it from the elastic means, and is provided with a lateral wall which acts as a shutter portion for the exit aperture (See Figs. 4-7 and paras 0052-055, 0082-0101).
In regard to claim 6, Piras et al. disclose a valve device, wherein the housing compartment has, in correspondence with the periphery of the entry wall, a portion with a smaller diameter defined by a shoulder that is configured to act as a striker and abutment element for the mobile piston; in the closing condition, wherein the shoulder delimits the free space laterally (See Figs. 4-7 and paras 0052-055, 0082-0101).
In regard to claim 10, Piras et al. disclose a valve device, wherein in a lateral wall of the shutter portion there is provided at least one circumferential groove 46 suitable to house an annular gasket 42 in order to guarantee a hydraulic seal of the chamber between the piston and the valve body (See Figs. 4-7 and paras 0052-055, 0082-0101).
In regard to claim 11, Piras et al. disclose a valve device, wherein the piston has, on the opposite side of the chamber, a cavity configured to house at least part of the elastic means and to keep them in position (See Figs. 4-7 and paras 0052-055, 0082-0101).
In regard to claim 12, Piras et al. disclose a valve device, wherein the valve body comprises an upper half-shell defining an upper portion of the compartment, and a lower half-shell configured to couple to the upper half-shell and close the compartment at the lower part (See Figs. 4-7 and paras 0052-055, 0082-0101).
In regard to claims 13-14, Piras et al. disclose a machine for preparing coffee beverages, comprising: a brewing unit provided with a brewing chamber, connected by means of an entry aperture to a feed circuit for the water, and by means of an exit aperture to an exit circuit for the beverage, comprising at least one valve device as claim 1 located upstream or downstream of the brewing chamber (See Figs. 4-7 and paras 0019-0028 and 0082-0101).
GROUND 4: Claim(s) 1-4 and 7-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 9,840,361 to Ozanne et al.
In regard to claim 1, Ozanne et al. disclose a valve device 10 comprising: a valve body 20 delimiting a housing compartment; an entry aperture and an exit aperture 32, 21 for a fluid (See Fig. 4 and Col. 5, Lines 20-67); a chamber which puts the entry and exit apertures in selective communication; a piston 30 disposed in the compartment, which is mobile between a closing position in which it prevents the transit of the fluid and an opening position in which it allows the passage of the fluid through the exit aperture (see Col. 7, Lines 6-67); elastic return means 40 associated with the piston and disposed outside the chamber, wherein in the closing position of the valve device and in the position of maximum release of the elastic means, between a head surface; of the piston and an entry wall of the valve body there remains defined a free space, directly facing the entry aperture and substantially as wide as the housing compartment (See Figs. 3-4, 6 and Col. 6, Line 16 – Col. 7, Line 67).
In regard to claim 2, Ozanne et al. disclose a valve device, wherein in the closing position of the piston the free space has a minimum volume greater than or equal to 10% of a maximum volume corresponding to the fluid passage position (See Figs. 3-4).
In regard to claim 3, Ozanne et al. disclose a valve device, wherein the free space has a width on a plane orthogonal to an axis coaxial to the entry aperture at least equal to 80% of the width of the housing compartment, or greater than it (See Figs. 3-4).
In regard to claim 4, Ozanne et al. disclose a valve device, wherein the entry wall comprises at least one flat portion substantially parallel to the head surface and the free space has a substantially constant depth on a plane orthogonal to an axis (X) coaxial to the entry aperture (See Figs. 3-4).
In regard to claim 7, Ozanne et al. disclose a valve device, wherein the entry aperture and the exit aperture are disposed coaxial to each other with respect to a central axis of the valve body, and the piston comprises a shutter portion provided at one end with the head surface and a rod which extends to the other end, wherein the piston is at least partly hollow and comprises inside it a transit channel for the fluid, which extends between at least one entry made through in the shutter portion and an end of the rod which defines the exit aperture (See Figs. 3-4, 6 and Col. 6, Line 16 – Col. 7, Line 67).
In regard to claim 8 Ozanne et al. disclose a valve device, wherein the housing compartment has, in correspondence with the periphery of the entry wall, a portion with a smaller diameter defined by a shoulder that is configured to act as a striker and abutment element for the head surface of the mobile piston in the closing condition, wherein the shoulder delimits the free space laterally (See Figs. 3-4, 6 and Col. 6, Line 16 – Col. 7, Line 67).
In regard to claim 9, Ozanne et al. disclose a valve device, wherein the shutter portion comprises a larger portion, connected to the rod, having a section substantially the same as the section of the housing compartment and a smaller portion, on which the at least one entry is provided, having a section smaller than the housing compartment and defining with an internal wall of the latter a channel for the passage of the fluid toward the at least one entry (See Figs. 3-4, 6 and Col. 6, Line 16 – Col. 7, Line 67).
In regard to claim 10, Ozanne et al. disclose a valve device, wherein in a lateral wall of the shutter portion there is provided at least one circumferential groove 46 suitable to house an annular gasket 38a in order to guarantee a hydraulic seal of the chamber between the piston and the valve body (See Figs. 3-4, 6 and Col. 6, Line 16 – Col. 7, Line 67).
In regard to claim 11, Piras et al. disclose a valve device, wherein the piston has, on the opposite side of the chamber, a cavity configured to house at least part of the elastic means and to keep them in position (See Figs. 3-4, 6 and Col. 6, Line 16 – Col. 7, Line 67).
In regard to claim 12, Piras et al. disclose a valve device, wherein the valve body comprises an upper half-shell defining an upper portion of the compartment, and a lower half-shell configured to couple to the upper half-shell and close the compartment at the lower part (See Figs. 3-4, 6 and Col. 6, Line 16 – Col. 7, Line 67).
In regard to claims 13-14, Piras et al. disclose a machine for preparing coffee beverages, comprising: a brewing unit provided with a brewing chamber, connected by means of an entry aperture to a feed circuit for the water, and by means of an exit aperture to an exit circuit for the beverage, comprising at least one valve device as claim 1 located upstream or downstream of the brewing chamber (See Figs. 3-4, 6 and Col. 2, Line 27 – Col. 3, Line 52).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW J KASZTEJNA whose telephone number is (571)272-6086. The examiner can normally be reached M-F, 7AM--3PM.
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/MATTHEW J KASZTEJNA/Primary Examiner, Art Unit 3993