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
Claim 21 is objected to because of the following informalities: there is an underscore “_” between “properties determined” at line 14 in the claim. 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 14, 16-18, and 21-22 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 14 recites the limitation "a property of the filter cup" at line 9 renders the claim indefinite. It is unclear for whether this property of the filter cup is the same as the one recited at line 8. If it is so, then "the" or "said" should be used.
Regarding claim 18, recites the limitations "a sensor", “a magnitude”, “direction of the magnetic field”, “a magnet signal”, and “a property of the filter cup“ in the claim. It is unclear and indefinite to the relationship between these limitations ("a sensor", “a magnitude”, “direction of the magnetic field”, “a magnet signal”, and “a property of the filter cup“) and the same ones in claim 14 and to whether they are the same or different. Further clarification is required to either further differentiate ("a sensor", “a magnitude”, “direction of the magnetic field”, “a magnet signal”, and “a property of the filter cup”).
Claim 21 recites the limitation "the machine processor" at line 3 in the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 22 recites the limitations “the machine processor" and “the extraction profile” at lines 2-3 in the claim. There is insufficient antecedent basis for these limitations in the claim.
The dependent claims are also rejected for their inherited deficiencies on rejected claim 14.
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.
(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) 1-4, 9-14, 16, 18, and 22 are rejected under 35 U.S.C. 102((a)(1)) as anticipated by Levi et al. (US 4,787,299) or, in the alternative, under 35 U.S.C. 103 as obvious over Levi et al. (US 4,787,299) in view of Grassia (WO 2015051401).
Regarding claim 1, Levi discloses a filter cup 1 (fig. 4, i.e. called a filter-holder bowl) for holding ground coffee for use with a portafilter 11 (fig. 4,i.e. called bowl-holder) to extract coffee using a coffee machine (abstract), the filter cup (1) including a body (not labeled) having:
a sidewall (not labeled, see figure 1 for example) extending upwardly from the floor to a rim to define a cavity for holding the ground coffee (col. 1, lines 56-68); and
a magnet (5) attached to the body for producing a magnetic field (abstract; col. 2, line 13-17).
Levi does not specifically disclose a floor with a plurality of perforations. However, it is considered inherently property/characteristic of the filter-holder bowl bottom/floor.
As evidence by Grassia, Grassia teaches a floor (105) with a plurality of perforations (page 6, lines 21-25). Grassia also teaches that “A portafilter is a device that attaches onto the group head of an espresso making machine and that carries a quantity or dose of ground coffee in a compartment with a perforated floor that acts as a filter.” (page 1, lines 11-13).
The combination of references are analogous art because they are from same field of endeavor of a portafilter apparatus for an espresso machine. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Levi and Grassia before him or her, to include such perforated floor/bottom of Grassia because hot water entering the basket can exit only through the floor and not around it. The suggestion/motivation for doing so would have been obvious because it obtains an optimal brew requires the fill height of the ground coffee in the basket to remain relatively constant (page 1).
With respect to claim 2, Levi in view of Grassia discloses the limitations of the claimed invention as set forth above of which Levi does not discloses wherein the magnet (5) is attached to the floor. Since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
With respect to claim 3, Levi in view of Grassia discloses the limitations of the claimed invention as set forth above of which Levi further discloses wherein the magnet (5) is attached to the sidewall (i.e. the upper end of sidewall of the filter-holder bowl 1).
With respect to claim 4, Levi in view of Grassia discloses the limitations of the claimed invention as set forth above of which Levi further discloses wherein the magnet (5) is attached to an outside surface of the sidewall (see figures 4-5, i.e. the upper end of outer sidewall of the filter-holder bowl 1).
With respect to claim 9, Levi in view of Grassia discloses the limitations of the claimed invention as set forth above of which Levi further discloses wherein the magnet (5) has a predetermined property that influences the magnetic field produced by the magnet (5), for matching a property of the filter cup 1 (fig. 4, i.e. called a filter-holder bowl) to be determined by measuring the magnetic field and reference a predetermined look-up table (col. 3, lines 35-62).
With respect to claim 10, Levi in view of Grassia discloses the limitations of the claimed invention as set forth above of which Levi further discloses wherein the predetermined property includes one or more of: a direction of a magnet axis of the magnet (5) relative to a central axis of the filter cup 1 (fig. 4, i.e. called a filter-holder bowl); and a strength of the magnet (5) (col. 3, lines 45-62).
With respect to claim 11, Levi in view of Grassia discloses the limitations of the claimed invention as set forth above of which Levi further discloses an enclosure (2a, i.e. a cavity or a hole) for housing the magnet (5), the enclosure having a retainment space for receiving the magnet (5), and at least one flap for securing the enclosure to the filter cup (1) (col. 2, lines 18-25).
With respect to claim 12, Levi in view of Grassia discloses the limitations of the claimed invention as set forth above of which Levi further discloses wherein the flap (i.e. a cover) is secured to the filter cup (1) by spot welding (col. 1, lines 33-34).
With respect to claim 13, Levi in view of Grassia discloses the limitations of the claimed invention as set forth above of which Levi further discloses wherein the body (not labeled) has a plurality of magnets (abstract, i.e. one or more magnetic elements 5).
With respect to claim 14, Levi in view of Grassia discloses the limitations of the claimed invention as set forth above of which Grassia further discloses a portafilter (100) holding the filter cup (103, i.e. called compartment or basket) of claim 1 (see claim 1 above), the portafilter including: a sensor (604, 1003) for determining a magnitude and/or direction of the magnetic field produced by the magnet and adapted to produce a magnet signal indicative of the magnitude and/or direction of the magnetic field; a portafilter processor (602) adapted to: receive the magnet signal; determine a property of the filter cup based on the magnet signal (page 15); and produce a filter cup signal indicative of a property of the filter cup; and a communication module (903) adapted to: receive the filter cup signal; and transmit the filter cup signal to a receiver module (606, i.e. receiver) mounted in the coffee machine (pages 4, 9, 11-13).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Levi and Grassia before him or her, to include such sensor, processor, and communication of Grassia because a display module may he coupled to the controller module for presenting information of a state indicated by the one or more sensors, a receiver may receive a data signal from an appliance for configuring settings of the controller module, a receiver may receive electromagnetic energy to charge an internal power source and/or a capacitor for powering the controller module. The receiver may be in the form of a wireless receiver. The suggestion/motivation for doing so would have been obvious because obtaining an optimal brew requires the fill height of the ground coffee in the basket to remain relatively constant (page 1).
With respect to claim 16, Levi in view of Grassia discloses the limitations of the claimed invention as set forth above of which Levi further discloses wherein the sensor is a Hall effect sensor A (fig. 4) (abstract, i.e. called a Hall effect detector).
With respect to claim 18, Levi in view of Grassia discloses the limitations of the claimed invention as set forth above of which Levi further discloses the coffee machine (abstract, i.e. expresso coffee machine) including: a sensor A (fig. 4, i.e. called a Hall effect detector) for determining a magnitude and/or direction of the magnetic field produced by the magnet and producing a magnet signal indicative of the magnitude and/or direction of the magnetic field (col. 2, lines 13-30); and a machine processor (i.e. an electronic circuit) 3adapted to: receive the magnet signal (col. 2, lines 37-40); determine a property of the filter cup (1) based on the magnet signal; and modify one or more of the following machine parameters based on the property of the filter cup (1): a ground coffee quantity (i.e. coffee ground doses can be changed); a brewing pressure setting or profile; a brewing temperature; a pre-infusion period; a water quantity (i.e. water doses can be changed); and a water flow rate (col. 1, lines 45-68).
With respect to claim 22, Levi in view of Grassia discloses the limitations of the claimed invention as set forth above of which Grassia further discloses wherein the coffee machine (902) includes a user interface (904) in communication with the machine processor and the machine processor is adapted to modify the extraction profile based on a user input received at the user interface (page 14).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Levi and Grassia before him or her, to include such a user interface of Grassia because the processor uses feedback from the flow meter, the pressure sensor, the grind adjust position sensor, the tamp torque sensor and the extraction time to calculate an ideal torque tamp setting and thereby regulate the action of the
auger motor to deliver the calculated torque tamp setting. The receiver may be in the form of a wireless receiver. The suggestion/motivation for doing so would have been obvious because obtaining an optimal brew requires the fill height of the ground coffee in the basket to remain relatively constant (page 1).
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.
Claim(s) 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Levi et al. (US 4,787,299) in view of Grassia (WO 2015051401) as applied to claim 1 above, and further in view of Borgmann (US 4, 644,856).
Regarding claim 5, Levi et al. in view of Grassia discloses all the limitations of the claimed invention as set forth above, except for wherein the body has a key adapted to engage, when the filter cup is mounted on the portafilter, a corresponding portafilter key on the portafilter such that the filter cup is mountable on the portafilter in a predetermined configuration.
However, Borgmann teaches wherein the body (i.e. the body of the filter 31) has a key (36, i.e. called a male coupling element) adapted to engage, when the filter cup is mounted on the portafilter (24, i.e. called a holder), a corresponding portafilter key (39, i.e. a socket or slot) on the portafilter (24) such that the filter cup (31) is mountable on the portafilter (39) in a predetermined configuration (col. 7, lines 25-41).
The combination of references are analogous art because they are from the same field of endeavor of an espresso coffee brewing apparatus. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Levi et al. in view of Grassia and Borgmann before him or her, to include such coupling element of Borgmann because the coupling means is sufficiently pronounced to ensure that the filter shares the movements of the holder relative to the support for the holder even if the holder remains attached to its support for an extended interval of time following the making of the last cup of coffee. The suggestion/motivation for doing so would have been obvious because it ensures that the filter shares all movements of its holder unless the operator desires to separate the filter, e.g., in order to replace it with a different filter or for the purpose of cleaning (col. 8, lines 55-58).
With respect to claim 6, Levi et al. in view of Grassia and Borgmann discloses the limitations of the claimed invention as set forth above of which Borgmann further discloses wherein the key (36) includes a flange portion (32, i.e. called a marginal portion) of the rim (see figure 6) that extends downwardly from the rim and the portafilter key (39, i.e. a socket or slot) includes a protrusion on the portafilter (24).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Levi et al. in view of Grassia and Borgmann before him or her, to include such coupling element arrangement of Borgmann because the coupling means is sufficiently pronounced to ensure that the filter shares the movements of the holder relative to the support for the holder even if the holder remains attached to its support for an extended interval of time following the making of the last cup of coffee. The suggestion/motivation for doing so would have been obvious because it ensures that the filter shares all movements of its holder unless the operator desires to separate the filter, e.g., in order to replace it with a different filter or for the purpose of cleaning (col. 8, lines 55-58).
With respect to claim 7, Levi et al. in view of Grassia and Borgmann discloses the limitations of the claimed invention as set forth above in claim 5 of which Borgmann further discloses wherein the key (36) includes a boss portion (i.e. the coupling male head) located on the sidewall (33a) and extending outwardly therefrom and the portafilter (24) key includes a recess (39, i.e. called a socket or slot) in the portafilter (24) for receiving the boss portion (col. 5, lines 60 – col. 6, lines 27).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Levi et al. in view of Grassia and Borgmann before him or her, to include such coupling element of Borgmann because the coupling means is sufficiently pronounced to ensure that the filter shares the movements of the holder relative to the support for the holder even if the holder remains attached to its support for an extended interval of time following the making of the last cup of coffee. The suggestion/motivation for doing so would have been obvious because it ensures that the filter shares all movements of its holder unless the operator desires to separate the filter, e.g., in order to replace it with a different filter or for the purpose of cleaning (col. 8, lines 55-58).
With respect to claim 8, Levi et al. in view of Grassia and Borgmann discloses the limitations of the claimed invention as set forth above of which Levi further discloses wherein the boss portion (2, i.e. a lateral ear) includes the magnet (5).
Claim(s) 21 is rejected under 35 U.S.C. 103 as being unpatentable over Levi et al. (US 4,787,299) in view of Grassia (WO 2015051401) as applied to claim 14 above, and further in view of Kihara et al. (US 20210307559).
Regarding claim 21, Levi in view of Grassia discloses all the limitations of the claimed invention as set forth above in claims 1 and 14 including of which Grassia further discloses wherein the espresso coffee machine (902) further includes: each extraction profile containing information relating to one or more of the following machine parameters: a ground coffee quantity (abstract); a brewing pressure setting or profile (i.e. extraction pressure profile); a pre-infusion period; a water quantity (i.e. water volume); and a water flow rate; and modify the machine parameters of the espresso coffee machine to coincide with a particular extraction profile that corresponds to a particular filter cup property (pages 12-13), except for a memory module in communication with the machine processor and containing a database of predetermined extraction profiles, each associated with a predetermined set of filter cup properties, and wherein the machine processor is adapted to access the database.
However, Kihara teaches a memory module (1302, 1303) in communication with the machine processor (1301) and containing a database (1309) of predetermined extraction profiles (¶ 0216, 0232), each associated with a predetermined set of filter cup properties (e.g. a predetermined water level, a predetermined air pressure), and wherein the machine processor is adapted to access the database (¶ 0068, 0167, 0205).
The combination of references are analogous art because they are from the same field of endeavor of the beverage making apparatus. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Levi in view of Grassia and Kihara before him or her, to include such memory and database of Kihara because the data indicating properties of coffee beans includes breed, producing area, degree of roasting (degree of processing), days from roasting, flavor chart, and extraction profile, for example. The suggestion/motivation for doing so would have been obvious because it allows the information display device to operate and the user to adjust an extraction profile (¶ 0173).
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Knepler (US 20030129286) for sensor. Doglioni Majer (WO 2020049495). Dall’Aglio et al. (US 20210212499). Fedele (US 10,349,772).
Conclusion
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/KET D DANG/Examiner, Art Unit 3761
/STEVEN W CRABB/Supervisory Patent Examiner, Art Unit 3761