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
No claim limitations are interpreted under 112(f).
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 15 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Del Bon (US 2017/0042365).
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Regarding claim 15, Del Bon discloses:
An expandable infusion container (10, ¶28) for receiving a dried infusion substance (¶35) for preparation of an infusion beverage, comprising a base part (11), a lid part (12) and a wall part (13) connecting the base part (11) and the lid part (12), wherein the wall part (13) has a variable length (¶30) and is fastened with a first end to the base part and is connected with a second end to the lid part (see Fig 1), wherein the lid part and the base part are connected to one another (¶31 “holding means… to keep it in its collapsed configuration”) via a destructible guarantee seal (¶31 “holding means that can be broken up…These holding means would then break open when being filled with infusion liquid.”) and wherein an outlet valve (14, ¶28) is arranged on the base part (11).
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.
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Del Bon (US 2017/0042365) in view of Sullivan (US 2014/0342067).
Regarding claim 26, Del Bon does not disclose:
an inlet valve (10) is arranged on the lid part (22).
Del Bon discloses that the lid is pierced by a needle of the machine.
Sullivan teaches that the lid of an infusion container (coffee pod/capsule) can be pierced by a needle of the machine, or alternatively “the lid 38 may include a valve, conduit or other structure that opens when exposed to a suitable pressure and/or when mated with a water inlet tube or other structure” (¶76).
COMBINATION
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the infusion container of Del Bon to have a valve on the lid to cooperate with an inlet tube of the machine instead of requiring a needle to pierce the lid because Sullivan teaches that this is an appropriate substitution for a beverage infusion container.
Claims 15 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Dawson (WO 2015/124898) in view of Del Bon (US 2017/0042365).
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Regarding claim 15, Dawson discloses:
An expandable infusion container (cartridge 10, ¶14-¶16) for receiving a dried infusion substance (¶28, “the infusion material 15 may be tea leaves or coffee beans”) for preparation of an infusion beverage, comprising a base part (base 20), a lid part (lid 40) and a wall part (30) connecting the base part and the lid part (¶15, ¶18), wherein the wall part has a variable length (¶16, see Figs 1-3) and is fastened with a first end to the base part (¶15) and is connected with a second end to the lid part (¶18), wherein the lid part and the base part are connected to one another (¶26 “a portion of the lid 40 may be connected to the upper face of the one or more sides of the base 20”) via a destructible guarantee seal (¶26, “heat-sensitive seal, such that when heated (for example, by the passage of warmed liquid through the inlet 22), the connection is severed. Additionally or alternatively, the connection between the lid 40 and the base 20 can be frangible such that the connection can be severed by the pressure of liquid entering the cartridge 10 through the inlet 22 and/or by an externally-applied mechanical force”).
Dawson does not disclose:
an outlet valve is arranged on the base part.
Dawson discloses a cartridge for use with a beverage brewing apparatus (¶49-¶57). The outlet of the cartridge is an aperture covered by a frangible outlet seal (¶23) configured to release the brewed beverage after sufficient time has passed (¶39) or when the seal is pierced.
Del Bon teaches a brewing machine (see Fig 2) that receives an expandable capsule (¶28). The capsule includes a valve (14, ¶28) on the bottom of the capsule to allow for a longer, controlled brewing time where the water remains in contact with the brewing materials (¶40, ¶41) for “optimal development of their aromas” (¶5). The valve releases the beverage when pressure is applied to the interior of the capsule by the machine.
COMBINATION
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cartridge of Dawson by replacing the frangible seal on the outlet of the cartridge with a valve on the bottom to adapt it for use in a machine that controls the brew time and applies a pressure to expel the brewed beverage because Del Bon teaches that this is an alternative for controlling the brew time in a brewing cartridge.
Regarding claim 18, Dawson as modified by the bottom valve of Del Bon does not explicitly teach:
the guarantee seal (24) is configured as an integral component of the base part (21).
Dawson discloses that the lid is in direct abutment with the base (see Fig 1) and the lid is connected to the base by a destructible connection (¶26). Dawson discloses that the base is made of a rigid food safe thermoplastic material (¶14), and the lid may be the same material (¶18). According to MPEP §2144.04.V.B, modifying to make integral is a common practice which normally requires only ordinary skill in the art. The rigid thermoplastic base material Dawson is capable of forming a guarantee seal and thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the infusion container of Dawson by forming the destructible connection of the base to the lid as an integral component of the base part because the “use of a one piece construction… would be merely a matter of obvious engineering choice” (MPEP §2144.04.V.B).
Claims 15, 17, and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Nordskog (US 4,867,993) in view of Del Bon (US 2017/0042365).
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Regarding claim 15, Nordskog (US 4,867,993) discloses:
An expandable (col 3 lines 4-10, see Figs 1 and 2) infusion container (10) for receiving a dried infusion substance for preparation of an infusion beverage (col 2 lines 52-55), comprising a base part (18), a [top] part (open top 22) and a wall part (sidewall 20) connecting the base part and the lid part (see Figs 1-2), wherein the wall part (sidewall 20) has a variable length (col 3 lines 4-10, see Figs 1 and 2) and is fastened with a first end to the base part and is connected with a second end to the [top] part (at 22, see Figs 1-2), wherein the [top] part (22) and the base part (18) are connected to one another via a destructible guarantee seal (adhesive strips 34, see Fig 2, col 3 lines 11-20).
Nordskog does not disclose a full lid in the embodiment of Figs 1 and 2. However, Nordskog teaches peelable closures over the top and bottom drain hole (col 3 lines 56-57), that are compatible with all embodiments of the invention (col 2 lines13-16, see claim 1, section (b)). One of ordinary skill is aware that such a seal can keep the infusible material fresh.
COMBINATION
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the brewing chamber of Nordskog by including a peelable seal at the open top and bottom of the brewing chamber to obtain the benefit of keeping the infusible material fresh.
Nordskog does not disclose:
an outlet valve (11) is arranged on the base part (21).
Nordskog discloses a brewing chamber that “is directly and immediately insertable into a conventional or other beverage coffee brewing and dispensing machine” (col 1 lines 57-59).
Del Bon teaches a brewing machine (see Fig 2) that receives an expandable capsule (¶28). The capsule includes a valve (14, ¶28) on the bottom of the capsule to allow for a longer, controlled brewing time where the water remains in contact with the brewing materials (¶40, ¶41) for “optimal development of their aromas” (¶5).
COMBINATION
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the brewing chamber of Nordskog by including a valve on the bottom to adapt it for use in a machine that controls the brew time and applies a pressure to expel the brewed beverage to obtain the benefit of controlling the brew time for optimal aroma development.
Regarding claim 17, Nordskog as modified by the valve of Del Bon teaches:
the guarantee seal is configured as a plurality of tear-off webs (adhesive strips 34, see Fig 2, col 3 lines 11-20).
Regarding claim 28, Nordskog as modified by the valve of Del Bon teaches:
a filter sieve (filter bag 14 secured to bottom 18, col 2 line 64 – col 3 line 3) is arranged inside the infusion container, wherein the filter sieve is preferably arranged on the base part.
Allowable Subject Matter
Claims 16 and 19-25 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 16, the prior art does not disclose “the guarantee seal (24) is configured as a tear-off film” in conjunction with the other claim elements. Notably, the instant specification defines a tear-off film at ¶11: “A tear-off film is a point in the material having a small height or thickness in relation to the width. A tear-off film is typically thicker than 10 pm and preferably does not exceed a thickness of 500 pm. It is in particular at least half as thick as an adjoining wall.”
Regarding claims 19-25, the prior art does not disclose “the wall (211) is divided by the guarantee seal (24) into a base ring (212) and a separating ring (213)” in conjunction with the other claim limitations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TOPAZ L ELLIOTT whose telephone number is (571)270-5851. The examiner can normally be reached Monday-Friday 9 a.m. - 4 p.m. EST.
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/TOPAZ L. ELLIOTT/Primary Examiner, Art Unit 3761
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