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 .
Election/Restrictions
Applicant's election with traverse of Group I (claims 1-13) in the reply filed on 06/15/2026 is acknowledged. Applicant traverses the requirement for restriction in that they disagree that the “position that the technical feature required by Groups I and II does not make a contribution over the prior art in view of Van Boxtel et al.” Additionally, Applicant contends that “simultaneous search for both groups is believed not to constitute an unreasonable search….”
This is not found persuasive because Applicant’s traversal is merely conclusory and does not reasonably apprise the Examiner as to the manner in which the indicated technical feature is considered to make a contribution over Van Boxtel et al.
Lastly, Applicant’s contention regarding search burden is misplaced as the instant application is a national stage application which requires unity of invention analysis and not the independent and distinct analysis. Search and examination burden is not required to be established for national stage applications. See MPEP 1893.03 (d) and 808.02.
The requirement is still deemed proper and is therefore made FINAL.
Claims 14-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 06/15/2026.
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 1-6 and 11-13 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, in relevant part, that the filling tray is “indirectly pushed or pulled by the drive motor via the brewing slide” and that the filling tray “is pushed onto a storage sleeve.” The claim requires that the drive motor push or pull the filling tray and that the filling tray is pushed onto the storage sleeve. Under the assumption that the drive motor causes both actions, it is unclear if the scope of claim 1 includes both conditions where the filling tray is pushed or pulled since one action requires a broad recitation of the filling tray being pushed or pulled and the other action requires that the filling tray is pushed. The claim essentially requires a broad action followed by a narrow action which creates confusion as to the intended scope of the claim and the intended structural cooperative relationship between the filling tray, the brewing slide, the motor, and the sleeve. If, however, the intention is the filling tray is pushed onto the storage sleeve by another means (rather than the motor), then this should be clearly indicated in the claim language.
Dependent claims 2-4 inherit the above deficiencies due to their respective dependency from claim 1.
Claim 5 recites “in the first filling position of the brewing unit, the filling tray is in the third brewing unit position in a second filling tray position” which creates confusion as claim 1 defines the first filling position as pertaining to the second brewing unit position, not the third brewing unit position. Similarly, claim 1 defines second filling position as pertaining to the third brewing unit position. Additionally, claim 1 defines the second filling position of the brewing unit pertaining to a third filling tray position of the third brewing unit position. Claim 5 appears, as best understood, to redefine the first filling position and the second filling tray position, which creates confusion. Additionally, claim 5 describes the third brewing unit position allowing for the opening of the filling neck of the filling tray to be open. However, claim 1 describes the third brewing unit position as a condition in which the opening is closed.
Dependent claims 6 and 11-13 inherit the above deficiencies due to their respective dependency from claim 1.
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.
Claim(s) 7-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Van Boxtel et al. (US2015/0289705).
Regarding claim 7, Van Boxtel teaches a brewing unit (Fig. 1 and 3, brewing unit 5) of a piston coffee machine (machine 1), the brewing unit (5) being formed with a brewing slide (Fig. 2A1-2C6; 53) as brewing chamber (54), a filling tray (56), a machine frame with two base plates (Fig. 3; base plates 530 and 540), two piston units (piston units 51 and 52) as shower screen (inlet 61 and outlet 71 allow for liquid flow through the pistons 51 and 52, respectively, and 63 and 73 provide a plurality of openings that block the ground coffee but allow for the liquid flow, thereby acting as a shower scree) and plunger (piston 51 and 52 are “moveably inside” decoction body 50-para. 0026), and at least one drive motor (electric motor 6), wherein the brewing unit (5) is adjustable in four brewing unit positions comprising a first brewing unit position, a second brewing unit position, a third brewing unit position and a fourth brewing unit position (Fig. 2A1-C6; various brewing unit positions are shown), wherein the second brewing unit position (Fig. 2A2) forms a first filling position of the brewing unit (5) for the supply of coffee powder (80) or cleaning agents, wherein the brewing unit (5) has at least one second filling position for the supply of coffee powder or cleaning agents in the first, third and/or fourth brewing unit position (See Figures 2A1-2C6. In the position shown in Figure 2A2, filling tray 56 is shown with opening 55 in communication with chamber 54 to allow for the introduction of coffee 80. In every other position, opening 55 is closed. However, the filling tray 56 remains available to contain coffee. Filling tray 56 is structurally capable of containing ground coffee in the various positions. For example, the position shown in 2B1, 2C1, etc. illustrates that the filling tray remains available to contain ground coffee. The claim language does not recite, nor require, that the filling positions are in communication with the chamber. As such, the broadest reasonable interpretation of the claimed second filling position for the supply of coffee powder includes all positions in which the filling tray is capable of containing ground coffee and is not limited to only those positions in which the ground coffee is fed into the chamber. This is similar to how the second filling position is described in the instant application, specifically with reference to Fig. 2 and para. 0115 in which the opening of the filling tray is closed and the ground coffee is not permitted into the brewing chamber), and wherein the brewing slide (53) is firmly connected to the filling tray (56) and/or is formed in one piece with the filling tray.
Regarding claim 8, Van Boxtel teaches the claim invention, as applied in claim 7, including wherein the brewing slide (53) is formed integrally with the filling tray (56) in such a way that the brewing slide (53) is arranged in an interior of the filling tray (the inner surface of 53 forms an interior of 56 as a result of the two structures being formed as a unitary structure).
Regarding claim 9, Van Boxtel teaches the claim invention, as applied in claim 8, including wherein the filling tray (56) comprises an outwardly pointing filling neck (funnel shaped filling tray) which is connected to an interior (taken as the interior defining brewing chamber 54) of the brewing slide via an opening (upper opening of the funnel of 56) and a further opening (55) of the brewing slide.
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.
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) 1-6 and 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Boxtel et al. (US2015/0289705) in view of Armellin (US 5275089)
Regarding claim 1, Van Boxtel teaches a brewing unit (Fig. 1 and 3, brewing unit 5) of a piston coffee machine (machine 1), the brewing unit (5) being formed with a brewing slide (Fig. 2A1-2C6; 53) as brewing chamber (54), a filling tray (56), a machine frame with two base plates (Fig. 3; base plates 530 and 540), two piston units (piston units 51 and 52) as shower screen (inlet 61 and outlet 71 allow for liquid flow through the pistons 51 and 52, respectively, and 63 and 73 provide a plurality of openings that block the ground coffee but allow for the liquid flow, thereby acting as a shower scree) and plunger (piston 51 and 52 are “moveably inside” decoction body 50-para. 0026), and at least one drive motor (electric motor 6), wherein the brewing unit (5) is adjustable in four brewing unit positions comprising a first brewing unit position, a second brewing unit position, a third brewing unit position and a fourth brewing unit position (Fig. 2A1-C6; various brewing unit positions are shown), wherein the second brewing unit position (Fig. 2A2) forms a first filling position of the brewing unit (5) for the supply of coffee powder (80) or cleaning agents, wherein the brewing unit (5) has at least one second filling position for the supply of coffee powder or cleaning agents in the first, third and/or fourth brewing unit position (See Figures 2A1-2C6. In the position shown in Figure 2A2, filling tray 56 is shown with opening 55 in communication with chamber 54 to allow for the introduction of coffee 80. In every other position, opening 55 is closed. However, the filling tray 56 remains available to contain coffee. Filling tray 56 is structurally capable of containing ground coffee in the various positions. For example, the position shown in 2B1, 2C1, etc. illustrates that the filling tray remains available to contain ground coffee. The claim language does not recite, nor require, that the filling positions are in communication with the chamber. As such, the broadest reasonable interpretation of the claimed second filling position for the supply of coffee powder includes all positions in which the filling tray is capable of containing ground coffee and is not limited to only those positions in which the ground coffee is fed into the chamber. This is similar to how the second filling position is described in the instant application, specifically with reference to Fig. 2 and para. 0115 in which the opening of the filling tray is closed and the ground coffee is not permitted into the brewing chamber).
Van Boxtel teaches the claim invention including the filling tray being coupled to the brewing slide, as well as, the filling tray comprising an outwardly facing filling neck which is connected to an interior of the filling tray via an opening (See Figs. 2, outwardly facing filling neck is taken as the conical shaped neck that allows coffee beans to enter the chamber 54 via opening 55. This conical neck, or funnel, has an upper opening allowing for coffee beans to enter the filling tray and fall through opening 55.). However, Van Boxtel teaches a unitary construction and does not teach wherein the brewing slide and the filling tray form separate assemblies and are configured to be coupled to one another via at least one holding element, wherein the brewing slide is a driven component and the filling tray is a component indirectly pushed or pulled by the drive motor via the brewing slide, wherein, in the at least one second filling position of the brewing unit in a first filling tray position in the first brewing unit position, and in a third filling tray position in the third and fourth brewing unit positions, the filling tray is pushed onto a storage sleeve, which is then arranged in the interior (IR) of the filling tray and closes the opening of the filling neck of the filling tray.
Armellin relates to a piston coffee machine (Abstract; Figs. 1-5) in which a brewing slide (16), which forms a part of the brewing chamber (4:38-42), and a filling tray (13, which allows for supplying of ground coffee) being separate assemblies (Figs. 1, 3, 5; 16 is movable relative to 13) and are configured to be coupled to one another via at least one holding element (17/18 along with the driving rod; 4:32-57).
Armellin further teaches wherein the brewing slide (16) is a driven component and the filling tray is a component indirectly pushed or pulled by the drive means via the brewing slide (4:43-57; details movement being via a drive mechanism) (5:20-35; “ In the initial position (see FIG. 5), that is to say when the chamber is situated fully to the right of the figure, the head 3, and particularly the seal 6, are situated inside the sleeve 10 and any movement of the part 11 of the cylindrical chamber with respect to the head of the piston 3 leaves the sleeve 10 free to cover the head of the piston, this being true until the second part 16 of the cylindrical chamber, the inner diameter of which is smaller than that of the sleeve, comes to butt against the sleeve 10. From that moment on, the movement of the chamber in the direction of the arrow F has the effect of driving the sleeve 10 in the direction F and of causing it to slide onto the seal 6 enabling the seal 6 to enter into close contact with the interior of the second cylindrical part 16 so as to compress in sealed manner the ground coffee.”), wherein, in the at least one second filling position of the brewing unit in a first filling tray position in the first brewing unit position, and in a third filling tray position in the third and fourth brewing unit positions, the filling tray is pushed onto a storage sleeve (10), which is then arranged in the interior of the filling tray and closes the opening of the filling neck of the filling tray (as detailed above; 10 closes the opening 13).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was made/filed to modify Van Boxtel with Armellin, by replacing the unitary construction of the filling tray and brewing slide of Van Boxtel, with the filling tray and brewing slide arrangement including the storage sleeve of Armellin, for in doing would provide a filling tray and brewing slide arrangement that selectively open and closes the opening of the filling tray in specific brewing positions, thereby allowing/preventing supply of ground coffee depending on the brewing position.
Regarding claim 2, the primary combination teaches each claimed limitation, as applied in claim 1, including wherein the at least one holding element is a permanent magnet, electromagnet or/and a controllable mechanical coupling (Armellin; 17/18 along with the driving rod; 4:32-57, which corresponds to a controllable mechanical coupling).
Regarding claim 3, the primary combination teaches each claimed limitation, as applied in claim 1, including wherein the filling tray is fixable in the at least one second filling position of the brewing unit in the first filling tray position in the first brewing unit position and in the third filling tray position in the third and fourth brewing unit positions (the brewing positions of Van Boxtel as modified by Armellin to include the filling tray and brewing slide assembly having the storage sleeve selectively opening and closing the opening of the filling tray) by means of at least one electromagnet or a controllable hydraulic seal (see sealed arrangement of Fig. 4 shown in Armellin which occurs when the brewing slide 16 and annular seal 6 of piston 1 come into contact).
Regarding claim 4, the primary combination teaches each claimed limitation, as applied in claim 1, including wherein the storage sleeve (Armellin; sleeve 10) is a hollow cylinder with a circular cross-section (4:25-31 refers to sleeve 10 as having an inner diameter) and is arranged between a plunger head of the plunger and a plunger base plate (See Figs. 1, 4, and 5 of Armellin).
Regarding claim 5, the primary combination teaches each claimed limitation, as applied in claim 1, including wherein, in the first filling position of the brewing unit, the filling tray is in the third brewing unit position in a second filling tray position, in which the opening of the filling neck of the filling tray is open and is connected to the interior of the filling tray (the brewing positions of Van Boxtel as modified by Armellin to include the filling tray and brewing slide assembly having the storage sleeve selectively opening and closing the opening of the filling tray. The combination would produce an arrangement in which the opening of the filling tray is open and connected to the interior of the filling tray in order to allow ground coffee to pass therethrough and enter the brewing chamber in positions that allow for the brewing chamber to be filled).
Regarding claim 6, the primary combination teaches each claimed limitation, as applied in claim 1, including wherein in the first brewing unit position a distance is formed between the brewing slide and the filling tray, which determines an ejection area (the brewing positions of Van Boxtel, shown in Figs. 2A1-C6, as modified by Armellin to include the filling tray and brewing slide assembly having the storage sleeve selectively opening and closing the opening of the filling tray. This combination would produce an arrangement in which a distance, of some value, exists between the brewing slide and filling tray. Fig. 2C4 of Van Boxtel shows a distance which allows for spent ingredient 85 to be ejected.).
Regarding claim 11, the primary combination teaches each claimed limitation, as applied in claim 1, including wherein in the first brewing unit position a distance is formed between the brewing slide, which is fixedly connected to the filling tray, and the plunger, which distance defines an ejection area (the brewing positions of Van Boxtel, shown in Figs. 2A1-C6, as modified by Armellin to include the filling tray and brewing slide assembly having the storage sleeve selectively opening and closing the opening of the filling tray. This combination would produce an arrangement in which a distance, of some value, exists between the brewing slide and filling tray. Fig. 2C4 of Van Boxtel shows a distance which allows for spent ingredient 85 to be ejected. Similarly, this combination would produce an arrangement in which the brewing slide, filling tray, and plunger are fixedly connected via 17/18 and driving rod detailed in Armellin).
Regarding claim 12, the primary combination teaches each claimed limitation, as applied in claim 1, including wherein the brewing unit is formed as a spindle brewing unit (Van Boxtel shows the brewing unit including a pair of spindles 35; fig. 3).
Regarding claim 13, the primary combination teaches each claimed limitation, as applied in claim 1, including wherein a piston coffee machine with a brewing unit according to claim 1 (see claim 1, above).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Boxtel et al. (US2015/0289705) in view of Armellin (US 5275089)
Regarding claim 10, Van Boxtel teaches each claimed limitation, as applied in claim 7, including the brewing slide being formed integrally with the filling tray (as detailed in claim 7, above).
Van Boxtel is silent on the shower screen being connected to a storage sleeve, wherein the storage sleeve is inserted with the connected shower screen into the interior of the brewing slide, in the at least one second filling position of the brewing unit in the first brewing unit position and in the third and fourth brewing unit positions, which then closes the opening of the brewing slide and the opening of the filling neck of the filling tray.
Armellin relates to a piston coffee machine (Abstract; Figs. 1-5) including a brewing slide (16), which forms a part of the brewing chamber (4:38-42), and a filling tray (13).
Armellin further teaches the piston including a hot water supply (hot water supply 9 being analogous to the shower screen of Van Boxtel) being connected to a storage sleeve (10), wherein the storage sleeve is inserted with the connected shower screen into the interior of the brewing slide (Figs. 1, 4, and 5), in the at least one second filling position of the brewing unit in the first brewing unit position and in the third and fourth brewing unit positions, which then closes the opening of the brewing slide and the opening of the filling neck of the filling tray (5:20-35; “ In the initial position (see FIG. 5), that is to say when the chamber is situated fully to the right of the figure, the head 3, and particularly the seal 6, are situated inside the sleeve 10 and any movement of the part 11 of the cylindrical chamber with respect to the head of the piston 3 leaves the sleeve 10 free to cover the head of the piston, this being true until the second part 16 of the cylindrical chamber, the inner diameter of which is smaller than that of the sleeve, comes to butt against the sleeve 10. From that moment on, the movement of the chamber in the direction of the arrow F has the effect of driving the sleeve 10 in the direction F and of causing it to slide onto the seal 6 enabling the seal 6 to enter into close contact with the interior of the second cylindrical part 16 so as to compress in sealed manner the ground coffee.”).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was made/filed to modify Van Boxtel with Armellin, by adding to the filling tray and brewing slide arrangement of Van Boxtel, with the filling tray and brewing slide arrangement including the storage sleeve positionable to open and close the filling tray opening of Armellin, for in doing would provide a filling tray and brewing slide arrangement that selectively open and closes the opening of the filling tray in specific brewing positions, thereby allowing/preventing supply of ground coffee depending on the brewing position.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent 6827003 to Versini relates to a piston/plunger based beverage machine (Abstract) in which ground coffee (31) is introduced into a brewing chamber via a sleeve (2) that is driven into position via movement of plunger 3 (Figs. 9-13).
U.S. Patent 7017474 to Comte relates to a coffee machine in which a pair of opposing pistons (31/32) from a part of a brewing chamber (Figs. 3-5).
WO2006090183 to Scott et al. relates to a beverage machine in which a pair of opposing pistons (82/84) form a part of a brewing chamber where ingredients are introduced via the selective opening/closing of a filling tray (130; Figs. 6-9).
U.S. Publication 2014/0041527 to Verhoeven et al. relates to a beverage machine in which a pair of opposing pistons (64/65) form a part of a brewing chamber and in which are driven into different brewing positions allowing for the introduction of ground coffee (58) and ejection of spent ingredients (63) (Figs. 1A-1C).
U.S. Publication 2011/0011272 to Lussi relates to a coffee machine in which a pair of opposed pistons (3 and 4) are driven to form various brewing positions (Figs. 1-4) allowing for the introduction and ejection of ingredients.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN C DODSON whose telephone number is (571)270-0529. The examiner can normally be reached Mon.-Fri. 12:00-8:00 PM (ET).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached at (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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/JUSTIN C DODSON/Primary Examiner, Art Unit 3761
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