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 Objections
Claims 3 and 9 are objected to because of the following informalities:
Claim 3 should depend from claim 1 not canceled claim 2.
In claim 9, the limitation “and with and with a common flexible material” should read “and with a common flexible material”.
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.
Claims 1, 3-5 and 8-17 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 the limitation "said comprising tubes" in line 17. There is insufficient antecedent basis for this limitation in the claim.
In claim 1, the limitation “a constant passage section”, in line 17, is unclear if it is referring to the same passage section recited in lines 14-15.
In claim 11, the limitation “wherein said tubular body has an internal channel having a constant section of 3mm” is unclear if the 3mm is the diameter, the length, or what dimension of the tubular body.
In claim 12, the limitation “a delivery valve located downstream of an entry aperture of the brewing chamber” is unclear as it seems from Figure 1 that the delivery valve 26 is located upstream of an entry aperture of the brewing chamber 12.
Claim 12 recites the limitation "elastic means" in line 9. There is insufficient antecedent basis for this limitation in the claim.
In claim 13, the limitation “a valve unit” is unclear if it is referring to the same valve unit recited in claim 1, or a different valve unit.
In claim 13, the limitation “counter pressure means” is unclear if it is referring to the cream whipper valve recite din claim 1 or another counter pressure means.
Claims 3-5, 8-10 and 14-17 are rejected due to their dependency from claim 1.
Claim Rejections - 35 USC § 103
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.
Claims 1, 3, 8-14 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over CORTI (US 2014/0150664) in view of FISCHER (US 2013/0014649).
Regarding claim 1, CORTI teaches an automatic machine (Fig. 1) for preparing coffee beverages, comprising: a brewing unit (1) provided with a brewing chamber (24) connected to a feed circuit (6) for the water by an entry aperture (aperture formed by inlet conduit 6) and to an exit circuit (56) for the beverage by an exit aperture (aperture formed by 56), further comprising a valve unit (57, 45, 47, 8 and 9), provided with an entry connected to said exit circuit (as shown in Fig. 1-5) and with an exit connected to a delivery duct (8 and 9), configured to supply a first high-pressure exit path (path formed by 8) comprising a valve (47) and a second low-pressure exit path (path formed by 9) comprising bypass means (valve 57 acts as a bypass means; para. 0041) selectively drivable in order to bypass the action of said valve and make the beverage pass in said second exit path (para. 0031); wherein between said entry and said exit are provided said first high-pressure exit path and said second low-pressure exit path which are defined respectively by a first branch in which said counter pressure means are provided (as shown in Fig. 2 and 4), and by a second branch in which said bypass means are provided comprising an interception valve (valve 57 acts as a bypass means; as shown in Fig. 2 and 4); wherein a majority of an extension of the second low-pressure path has a passage section (passage formed by conduit 9) for the beverage that is free of restrictions or variations in diameter (as shown in Fig. 2 and 4); and further comprising a rapid connection tube (conduit 9) connected to said interception valve (as shown in Fig. 2 and 4) and defining said second branch (as shown in Fig. 2 and 4), said comprising tube having a constant passage section (passage formed by conduit 9) for fluid and comprising a tubular body provided with a first head end (as shown in Fig. 2 and 4) configured during use for insertion during inside a transit channel provided in a valve body of said interception valve (as shown in Fig. 2 and 4), and a second end opposite the first end (as shown in Fig. 2 and 4), and including connectors and seals integrated with said tubular body (as shown in Fig. 2 and 4; para. 0022; 0033).
CORTI fails to disclose wherein the first high-pressure exit path comprises a cream whipper valve; wherein the interception valve comprises a solenoid valve; and more than one rapid connection tube.
FISCHER teaches an automatic machine for preparing coffee beverages (title) comprising a high pressure exit path comprising a cream whipper valve (pressure/crema valve 16; abstract; para. 0005; 0037-0038; as shown in Fig. 1-4).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the valve in the first high-pressure exit path of CORTI, with FISCHER, by providing a pressure/crema valve as the valve to regulate pressure for creating a rich and creamy crema on top of the espresso coffee.
CORTI and FISCHER combined fail to disclose wherein the interception valve comprises a solenoid valve; and more than one rapid connection tube.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the COV switch valve (acting as a cut-off valve) with a solenoid valve (CORTI discloses the use of solenoid valves), since solenoid valves are well known for selectively opening and closing fluid flow and provide electrically controlled actuation, allowing the same cut-off function to be performed in a predictable manner while facilitating automated control.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide more than one rapid connection tube, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art.
Regarding claim 3, CORTI and FISCHER combined teach the automatic machine as in claim 1, wherein said cream whipper valve (FISCHER; 16) comprises an entry aperture (FISCHER; aperture where 17 is connected) and an exit aperture (FISCHER; aperture where 18 is connected) for a fluid (FISCHER; as shown in Fig. 1-4), a chamber that puts said entry and exit apertures in selective communication (FISCHER; para. 0039), a housing compartment (FISCHER; as shown in Fig. 1-4), a piston (FISCHER; ball-shaped piston of 16; as shown in Fig. 1-4) disposed in said compartment (FISCHER; as shown in Fig. 1-4), 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 (FISCHER: para. 0037-0039), and elastic return means (FISCHER; spring of 16) associated with said piston, outside said chamber (FISCHER; as shown in Fig. 1-4).
Regarding claim 8, CORTI and FISCHER combined teach the automatic machine as in claim 1, wherein said connection and sealing elements comprise first sealing means (CORTI; 62) disposed in the proximity of said first head end and configured to cooperate with an internal surface of said transit channel (CORTI; as shown in Fig. 4), and second sealing means (CORTI; sealing ring between 39 and 35) disposed, during use, outside of and in contact with said valve body (CORTI; thru 35) and configured to cooperate with a support element (CORTI; step of 57 where 62 rests) of said interception valve (CORTI; as shown in Fig. 4).
Regarding claim 9, CORTI and FISHER combined teach all the elements of the claimed invention as set forth above, except for, wherein the connectors and seals and said tubular body are made in a single body and with a common flexible material.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the connectors and seals, and the tubular body as a single body with a common flexible material, since it has been held that forming in one piece an article, which has formerly been formed in two pieces and put together, involves only routine skill in the art. The term “integral” is sufficiently broad to embrace constructions united by such means as fastening and welding.
Regarding claim 10, CORTI and FISCHER combined teach the automatic machine as in claim 1, wherein said tubular body comprises a component (CORTI; body forming conduit 9), provided with the connectors and seals (CORTI; as shown in Fig. 2 and 4) and configured to be inserted inside and coupled to the transit channel (CORTI; para. 0022; as shown in Fig. 2 and 4).
CORTI and FISCHER combined fail to disclose wherein said tubular body is made in two components, including a first component and a second component configured to be coupled to the first component.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the tubular body in two components coupled to each other, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art.
Regarding claim 11, CORTI and FISCHER combined teach the automatic machine as in claim 7, wherein said tubular body has an internal channel (CORTI; channel form by conduit 9) having a constant section (CORTI; as shown in Fig. 2 and 4).
CORTI and FISCHER combined fail to disclose wherein the internal channel is of 3mm.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the claimed internal channel dimension value, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art.
Regarding claim 12, CORTI and FISHER combined teach the automatic machine as in claim 1, comprising a delivery valve (CORTI; 10) located upstream of an entry aperture of the brewing chamber (CORTI; as shown in Fig. 1), the delivery valve comprising an entry aperture and an exit aperture for a fluid (CORTI; as shown in Fig. 1), a chamber (CORTI; inherently present in a solenoid valve) that puts said entry and exit apertures in selective communication (CORTI; it is known that’s how a solenoid valve works), a housing compartment (CORTI; inherently present in a solenoid valve), a piston disposed in said compartment (CORTI; inherently present in a solenoid valve), which is mobile between a closing position in which the piston prevents the transit of the fluid and an opening position in which it allows the passage of the fluid (CORTI; it is known that’s how a solenoid valve works), and a spring associated with said piston (CORTI; inherently present in a solenoid valve), outside said chamber (inherently present in a solenoid valve), wherein even in the closed condition of said delivery valve and in the condition of maximum release of the elastic means in said compartment there remains in any case defined a free space defining a minimum volume of said chamber (CORTI; inherently present in a solenoid valve).
Regarding claim 13, CORTI and FISHER combined teach a method to prepare a coffee beverage by brewing a dose of coffee powder in a brewing chamber (CORTI; 24), wherein said method comprises: providing the automatic machine (CORTI; Fig. 1) as in claim 1, receiving an indication of a type of coffee beverage chosen between a beverage to be prepared at high pressure having organoleptic characteristics similar to an "Espresso" coffee (CORTI; ES; para. 0002; 0014-0015; 0052), and a beverage to be prepared at low pressure having organoleptic characteristics similar to a "Drip" coffee (CORTI; FB; para. 0002; 0014-0015; 0031; 0041); feeding water to said brewing chamber through the entry aperture (CORTI; aperture formed by inlet conduit 6) and making the beverage exit from said brewing chamber through the exit aperture (CORTI; aperture formed by 56) connected to the exit circuit (CORTI; 56); and making the coffee beverage transit through a valve unit (CORTI; 57, 45, 47, 8 and 9) downstream of the exit circuit (CORTI; as shown in Fig. 1-5), wherein, if the preparation of a beverage at high pressure is required, said method provides to deliver the beverage along the high-pressure exit path (CORTI; path formed by 8) of said valve unit making it transit through counter pressure means (CORTI; 47) and, if the preparation of a beverage at low pressure is required, said method provides to drive bypass means (CORTI; valve 57 acts as a bypass means; para. 0041) of said valve unit in order to bypass the action of said counter pressure means and deliver the coffee beverage along the low-pressure exit path (CORTI; path formed by 9).
Regarding claim 14, CORTI and FISHER combined teach the method as in claim 13, wherein for the preparation of a beverage at high pressure it provides to drive an interception valve (CORTI; valve 57 acts as an interception valve) disposed along a second branch of said valve unit (CORTI; as shown in Fig. 2 and 4) so as to keep it closed and force the beverage to transit through another valve (CORTI; 47) disposed along a first branch (CORTI; para. 0031; 0047; as shown in Fig. 2 and 4), and for the preparation of a beverage at low pressure it provides to drive said interception valve in order to open said second branch allowing the beverage to transit through it (CORTI; para. 0041; 0049; as shown in Fig. 2 and 4).
CORTI fails to disclose the another valve is a cream whipper valve.
FISCHER teaches an automatic machine for preparing coffee beverages (title) comprising a cream whipper valve (pressure/crema valve 16; abstract; para. 0005; 0037-0038; as shown in Fig. 1-4).
Therefore, it would have it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the counter pressure means of CORTI, with FISCHER, by providing a pressure/crema valve as the another valve to regulate pressure for creating a rich and creamy crema on top of the espresso coffee.
Regarding claim 17, CORTI and FISCHER combined teach all the elements of the claimed invention as set forth above, except for, wherein the connectors and seals and the tubular body are made in a single body and comprise silicone.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have made the connectors and seals from silicone, since silicone is a well-known material for seals and connectors in hot-water beverage appliances due to its heat resistance, flexibility and ability to provide reliable fluid-tight sealing. POSITA would have reasonably expected the substitution to improve durability and sealing performance while yielding predictable results.
Claims 4, 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over CORTI and FISCHER as set forth above in claim 1, in view of REYHANLOO (US 2013/0295244).
Regarding claim 4, CORTI and FISCHER combined teach all the elements of the claimed invention as set forth above, except for, wherein said high-pressure exit path and said low-pressure exit path share the same circuit branch, wherein said bypass means comprise drive means selectively commandable to keep said cream whipper valve in a non-active configuration.
REYHANLOO teaches an automatic machine for preparing coffee beverages (abstract), wherein said high-pressure exit path and said low-pressure exit path share the same circuit branch (as shown in Fig. 1), wherein said bypass means comprise drive means (211) selectively commandable to keep said cream whipper valve in a non-active configuration (para. 0038-0040).
Therefore, it would have it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the high-pressure exit path, the low-pressure exit path, and the bypass means of CORTI and FISCHER, with REYHANLOO, by providing the high-pressure exit path and said low-pressure exit path in the same circuit branch, and a drive means as the bypass means, as an alternative to the separate paths, the non-return valve and the switch valves of CORTI, to minimize the machine complexity and size.
Regarding claim 5, CORTI and FISCHER combined teach all the elements of the claimed invention as set forth above in claim 1, except for explicitly disclosing, comprising a control and command unit configured to receive an indication regarding a type of beverage to be prepared, and consequently drive said bypass means.
REYHANLOO teaches an automatic machine for preparing coffee beverages (abstract) comprising a control and command unit (210) configured to receive an indication regarding a type of beverage to be prepared, and consequently drive said bypass means (para. 0038-0041).
Therefore, it would have it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the automatic machine of CORTI and FISCHER, with REYHANLOO, by providing a control and command unit, to improve operation of the valves and therefore the beverage quality.
Regarding claim 15, CORTI and FISCHER combined teach all the elements of the claimed invention as set forth above in claim 13, except for, wherein for the preparation of a beverage at high pressure it provides to drive an actuator element so as to put a cream whipper valve of said valve unit in an active conformation, suitable to define said high-pressure exit path, and for the preparation of a beverage at low pressure it provides to drive said actuator element so as to put said cream whipper valve in a non-active conformation, defining said low-pressure exit path.
REYHANLOO teaches a method to prepare a coffee beverage (para. 0002), wherein for the preparation of a beverage at high pressure it provides to drive (by 211) an actuator element (201) so as to put a cream whipper valve (pressure/crema valve 200, 201, 202) of said valve unit in an active conformation, suitable to define said high-pressure exit path (para. 0038-0040), and for the preparation of a beverage at low pressure it provides to drive said actuator element so as to put said cream whipper valve in a non-active conformation, defining said low-pressure exit path (para. 0038-0040).
Therefore, it would have it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of CORTI and FISCHER, with REYHANLOO, by driving an actuator element to activate a cream whipper valve defining a high pressure exit path, and to not activate a cream whipper valve defining a low pressure exit path, to minimize the machine complexity and size.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over CORTI and FISCHER as set forth above in claim 1, in view of OH (US 2020/0121115).
Regarding claim 16, CORTI and FISCHER combined teach all the elements of the claimed invention as set forth above in claim 1, except for, wherein for the preparation of a beverage at low pressure it provides to use a first dose of coffee powder, and to feed the water with a flow rate comprised between 2 and 4.2 cc/sec, so as to guarantee a correct extraction of the aromas, and a total percentage of dissolved solids comprised between about 1.30% and 1.55%, while for the preparation of a beverage at high pressure, the method provides to use a second quantity of coffee powder, greater than the first quantity, and to reduce the flow rate of the water to about 1cc/sec, so that the water remains in contact with the coffee powder for a greater amount of time.
OH teaches a method to prepare a coffee beverage (abstract), wherein for the preparation of a beverage at low pressure it provides to use a first dose of coffee powder (Table 4C; coffee 4 oz; amount of coffee powder is 4 oz), and to feed the water with a flow rate comprised between 2 and 4.2 cc/sec (Table 4C; coffee 4 oz; 1 oz/8s = 3.70 cc/sec), so as to guarantee a correct extraction of the aromas (para. 0097), and a total percentage of dissolved solids comprised between about 1.15% and 1.35% (para.0005; Fig. 1), while for the preparation of a beverage at high pressure, the method provides to use a second quantity of coffee powder (Table 3C; expresso 4 oz; amount of coffee powder is 3 oz), and to reduce the flow rate of the water to about 2.96 cc/sec (Table 3C; expresso 4 oz; 1 oz/10s = 2.96 cc/sec), so that the water remains in contact with the coffee powder for a greater amount of time (para. 0097).
Therefore, it would have it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the preparation of a beverage at low pressure and high pressure of CORTI and FISCHER, with OH, by providing the claimed dose of coffee powder, feed water flow rate, and percentage of dissolved solids, to assure beverage quality and good taste.
CORTI, FISCHER and OH combined fail to disclose wherein the second coffee powder quantity is greater than the first coffee powder quantity, and wherein the flow rate of water is reduced to about 1 cc/sec.
Therefore, it would have it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the claimed coffee powder quantity and flow rate for high pressure beverage, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art.
Response to Arguments
Applicant's arguments filed 04/28/2026 have been fully considered but they are not persuasive. Regarding claim 1, Applicant argues that “With reference to feature a), in Corti (US'664) the valve 57 along the low-pressure path 9 is described as a three-way COV (contact-operated) switch valve, which is formed in the compression piston of the brewing chamber and is designated to be set to a normal open position, in which the first and second outlet conduit and the delivery switch communicate with one another, and to switch, in use, and in opposition to a spring, to a closed position (see Abstract and paras. [0029] and [0030] of Corti. By comparison, in the present application the valve unit 35 is connected to the exit circuit, and the interceptor valve cooperates only with the second branch. With reference to features b) and c), Corti (US'664) does not consider the problem of having a constant section for the passage of the beverage at least along the second low-pressure path, or using rapid connection tubes of the type provided in feature c). The Detailed Action, with reference to original claim 7 (corresponding to feature c) above), only refers to Fig. 2 of Corti (US'664). However, that Fig. is only schematic and does not show tubes having a constant passage section for the fluid and comprising a tubular body provided with a first head end able, during use, to be inserted inside a transit channel provided in a valve body of the interception valve, and a second end, opposite the first end, and connection and sealing elements integrated with said tubular body. Next, Fischer (US'649) does not disclose at least features b) and c) of original claims 6 and 7 and also the conformation of the valve is different from that disclosed in the present application… Therefore, claim 1 is inventive over Corti and Fischer since a person skilled in the art, considering the solution of Corti, would not have any hint or suggestion for replacing the valve arrangement disclosed therein with an arrangement as disclosed in Fischer. Moreover, the skilled person would not receive any hint for providing tubes with a constant passage section insertable in the transit channel of the interception valve and comprising sealing elements directly integrated on the tubular body as recited in amended claim 1… As recognized by the Action, Reyhanloo (US'244) does not disclose rapid connection tubes features b) and c) of original claims 6 and 7; therefore, amended claim 1 is not disclosed by or nor rendered obvious by, the combination of Corti, Fischer, and Reyhanloo. Indeed, none of these documents refers neither to the purpose of ensuring a constant cross-sectional outlet path for the low-pressure beverage for preventing the generation of unwanted air bubbles, nor of using rapid connection tubes, also having a constant size passage cross-section, to make quick and convenient hydraulic connection between components, ensuring hydraulic tightness using connecting and sealing elements directly integrated on the tubular body.” on remarks page 10, lines 5-21, page 11, lines 1-10, and page 12, lines 1-9. In response to Applicant’s arguments, CORTI fails to disclose wherein the first high-pressure exit path comprises a cream whipper valve; wherein the interception valve comprises a solenoid valve; and more than one rapid connection tube. FISCHER teaches an automatic machine for preparing coffee beverages (title) comprising a high pressure exit path comprising a cream whipper valve (pressure/crema valve 16; abstract; para. 0005; 0037-0038; as shown in Fig. 1-4). Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the valve in the first high-pressure exit path of CORTI, with FISCHER, by providing a pressure/crema valve as the valve to regulate pressure for creating a rich and creamy crema on top of the espresso coffee. CORTI and FISCHER combined fail to disclose wherein the interception valve comprises a solenoid valve; and more than one rapid connection tube. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the COV switch valve (acting as a cut-off valve) with a solenoid valve (CORTI discloses the use of solenoid valves), since solenoid valves are well known for selectively opening and closing fluid flow and provide electrically controlled actuation, allowing the same cut-off function to be performed in a predictable manner while facilitating automated control. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide more than one rapid connection tube, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALBA T ROSARIO-APONTE whose telephone number is (571)272-9325. The examiner can normally be reached M to F; 8am-5pm.
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/ALBA T ROSARIO-APONTE/Examiner, Art Unit 3761 07/23/2026
/ELIZABETH M KERR/Primary Examiner, Art Unit 3761
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