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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in GB2209989.9 on 7/7/2022. It is noted, however, that applicant has not filed a certified copy of the GB2209989.9 application as required by 37 CFR 1.55.
Claim Objections
Claims 9, 11, and 12 are objected to because of the following informalities: there may be a typo for the limitation “a releasable membrane” in these claims, see for example claim 9, recites the limitation "the resealable membrane" at lines 6 and 8. Appropriate correction is required.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “200” has been used to designate both “a resealable membrane” and “the releasable membrane”, see paragraphs 0015, 0093, 00101, 00102, 00109, …. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function.
Such claim limitation(s) is/are: “means for transferring” in claims 14, 15, and 17; and “electronic means for controlling” in claim 16.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
Paragraph [0020] discloses according to a third aspect, the present disclosure provides a multi- servings beverage dispensing system. The beverage dispensing system comprises a container engaging inlet port adapted for removably engaging a container. The beverage dispensing system comprises the container engaged in the container engaging inlet port. The container comprises a casing storing an ingredient liquid, the casing defining an aperture. The container comprises a resealable membrane covering the aperture of the casing, the resealable membrane being adapted for receiving a liquid extraction tube therethrough for on-demand ingredient liquid extraction from the casing, the resealable membrane automatically resealing the aperture upon withdrawal of the liquid extraction tube. The container comprises an air permeable membrane for balancing a pressure in the casing upon extracting ingredient liquid by the liquid extraction tube. The beverage dispensing system further comprises the liquid extraction tube slidably movable between a retracted position and an extended position, the liquid extraction tube not being in contact with the resealable membrane when in the retracted position, an end portion of the liquid extraction tube being received through the resealable membrane when in the extended position. The beverage dispensing system comprises an actuator adapted for moving the liquid extraction tube between the retracted position and the extended position. The beverage dispensing system also comprises means for transferring the ingredient liquid extracted from the casing by the liquid extraction tube to a mixing unit, a tank for storing another liquid, and means for transferring the other liquid from the tank to the mixing unit. The beverage dispensing system comprises the mixing unit for receiving and mixing the ingredient liquid transferred to the mixing unit and the other liquid transferred to the mixing unit. The beverage dispensing system also comprises a mixing unit outlet for pouring a content of the mixing unit.
Paragraph [0021] discloses according to a particular aspect of the multi-servings beverage
dispensing system, the means for transferring the ingredient liquid extracted from the casing by the liquid extraction tube to the mixing unit and the means for transferring the other liquid from the tank to the mixing unit respectively comprise an ingredient pump and another pump.
Paragraph [0022] discloses according to another particular aspect of the multi-servings
beverage dispensing system, the beverage dispensing system comprises a controller, the controller comprising electronic means for controlling operations of the beverage dispensing unit.
Paragraph [0023] discloses according to still another particular aspect of the multi-servings beverage dispensing system, the means for transferring the ingredient liquid extracted from the casing by the liquid extraction tube to the mixing unit and the means for transferring the other liquid from the tank to the mixing unit respectively comprise an ingredient pump and another pump. The controller automatically calculates respective time and speed of operation of the other pump, and respective time and speed of operation of the ingredient pump.
If applicant intends 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 remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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) 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Affolter et al. (US 20210127888) in view of Lassota (US 20110081466).
Regarding claim 1, Affolter et al. discloses a container 47 (fig. 23, i.e. called a set) for storing a liquid (i.e. water) and allowing extraction of the liquid on-demand (abstract), the container comprising:
a casing (2, i.e. called a capsule) for storing the liquid, the casing defining an aperture (9, i.e. called an outlet);
a resealable membrane (13, i.e. called a cover) covering the aperture (9) of the casing (2), the resealable membrane being adapted for receiving a liquid extraction tube (14, i.e. called a puncture canola) therethrough for on-demand liquid extraction from the casing (2); and
an air permeable membrane (20, i.e. called an encircling collar) for balancing a pressure in the casing (2) upon extracting liquid by the liquid extraction tube (14) (¶ 0018, 0100).
Affolter et al. discloses all the limitations of the claimed invention as set forth above, except for the resealable membrane automatically resealing the aperture upon withdrawal of the liquid extraction tube.
However, Lassota teaches the resealable membrane 44 (fig. 5, i.e. an outlet drain valve) automatically resealing the aperture (41, i.e. called a drain hole) upon withdrawal of the liquid extraction tube 42 (fig. 5, i.e. called a drain plug) (abstract; ¶ 0006, 0018, 0044-0046; claims 2 and 23-24).
The combination of references are analogous art because they are from the same field of endeavor of preparation of a beverage. 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 Affolter and Lassota before him or her, to include such an automatic closure of Lassota because the electromagnetic element is automatically moved to the operable position in response to an operator input indicating selection of a brew cycle for a beverage requiring a period of seeping. The electromagnetic element is automatically moved to an inoperable position in response to an operator input indicating selection of a brew cycle for a beverage that does not require a period of seeping. The suggestion/motivation for doing so would have been obvious because it prevents beverage from draining out of the brew basket, and an open position in which the plug does not block the drain passageway and beverage within the brew basket is allowed to drain out of the brew basket (¶ 0012).
With respect to claim 2, Affolter in view of Lassota discloses the limitations of the claimed invention as set forth above of which Affolter further discloses wherein the resealable membrane (13, i.e. called a cover) and the air permeable membrane (20, i.e. called an encircling collar) are provided as a cap (1, i.e. called an adapter) for closing the aperture of the casing (2).
With respect to claim 3, Affolter in view of Lassota discloses the limitations of the claimed invention as set forth above of which Affolter further discloses wherein the casing (2), the resealable membrane (13, i.e. called a cover) and the air permeable membrane (20, i.e. called an encircling collar) are provided as a capsule (¶ 0007, 0009).
With respect to claim 4, Affolter in view of Lassota discloses the limitations of the claimed invention as set forth above of which Affolter further discloses wherein the casing (2) defines a second aperture (8), the air permeable membrane (20) covering the second aperture of the casing (2).
With respect to claims 5 and 11, Affolter in view of Lassota discloses the limitations of the claimed invention as set forth above of which Affolter further discloses wherein the resealable membrane (13) and the air permeable membrane (20) form a single membrane (see figure 9 for example) (¶ 0024, 0042).
With respect to claims 6 and 12, Affolter in view of Lassota discloses the limitations of the claimed invention as set forth above of which Affolter further discloses wherein the resealable membrane (13) and the air permeable membrane (20) are concentric (see figure 16 for example).
With respect to claim 7, Affolter in view of Lassota discloses the limitations of the claimed invention as set forth above of which Affolter further discloses wherein the casing (2) comprises an outlet port 30 (fig. 4), the outlet port (30) being adapted for releasable engagement into a corresponding inlet port (8) of a beverage dispensing system 3 (fig. 15, i.e. called a beverage preparation device), the aperture (9) being defined by the outlet port (30).
With respect to claims 8 and 13, Affolter in view of Lassota discloses the limitations of the claimed invention as set forth above of which Affolter further discloses a tag storing data 22, 22’, 27, 27’ 28, 28’ (figs. 21, 4, 7, i.e. called barcode and/or machine-readable codes) related to the container 47 (fig. 23, i.e. called a set), the tag allowing reading and optionally writing of the data by a contactless data reader (¶ 0040-0043, 0088, 0100, 0102-0103).
With respect to claim 9, Affolter in view of Lassota discloses the limitations of the claimed invention as set forth above in claim 1 (similar features) of which Affolter further discloses a cap (1, i.e. called an adapter) for a container 47 (fig. 23, i.e. called a set), the cap comprising: a body (24) adapted for being affixed to the container (47), the body defining a complementary aperture 43 (fig. 16, i.e. called an outflow stub), the complementary aperture (43, see figure 17 for example) covering an aperture (9, i.e. called an outlet) of the container when the body (24) is affixed to the container (47).
With respect to claim 10, Affolter in view of Lassota discloses the limitations of the claimed invention as set forth above of which Affolter further discloses wherein the body (24) defines a second complementary aperture (8), the air permeable membrane (20) covering the second complementary aperture (8) of the body (24).
Claim(s) 14-17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Affolter et al. (US 20210127888) in view of Lassota (US 20110081466), Lacobuucci (US 20190110634), and Toriumi et al. (US 20210186257).
Regarding claim 14, Affolter in view of Lassota discloses all the limitations of the claimed invention as set forth above in claim 1 (similar features) of which Affolter further discloses a multi-servings beverage dispensing system 3 (fig. 15, i.e. called a beverage preparation device) comprising: a container engaging inlet port (8, i.e. a inlet) adapted for removably engaging a container 47 (fig. 23, i.e. called a set); the container engaged in the container engaging inlet port (8, i.e. a inlet); and Lassota discloses a tank 23 (fig. 2) for storing another liquid (i.e. water), except for the liquid extraction tube slidably movable between a retracted position and an extended position, the liquid extraction tube not being in contact with the resealable membrane when in the retracted position, an end portion of the liquid extraction tube being received through the resealable membrane when in the extended position; an actuator adapted for moving the liquid extraction tube between the retracted position and the extended position; means for transferring the ingredient liquid extracted from the casing by the liquid extraction tube to a mixing unit; a tank for storing another liquid; means for transferring the other liquid from the tank to the mixing unit; the mixing unit for receiving and mixing the ingredient liquid transferred to the mixing unit and the other liquid transferred to the mixing unit; and a mixing unit outlet for pouring a content of the mixing unit.
However, Lacobuucci teaches the liquid extraction tube 10 (figs. 7 and 8) slidably movable between a retracted position (see figure 7, i.e. upward position) and an extended position (see figure 8, i.e. downward position), the liquid extraction tube (10) not being in contact with the resealable membrane when in the retracted position, an end portion of the liquid extraction tube (10) being received through the resealable membrane when in the extended position (¶ 0007, 0032); an actuator 9 (figs. 7 and 8) adapted for moving the liquid extraction tube (10) between the retracted position and the extended position (¶ 0035).
The combination of references are analogous art because they are from the same field of endeavor of a beverage dispensing 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 Affolter in view of Lassota and Lacobuucci before him or her, to include such tube movements of Lacobuucci because the tube is moved on the jug by means of a guide mechanism of the upward/downward moving type operated for example manually by a lever or electrically or in some other way, known per se, which allows the steam tube or pipe to be raised and lowered on the jug, allowing the dual function of fixing the jug in position and supplying steam to be performed. The suggestion/motivation for doing so would have been obvious because it prevents accidental extraction from its seat inside the machine during operation (¶ 0035).
Furthermore, Toriumi teaches means for transferring 7 (fig. 2, i.e. a first pump) the ingredient liquid (3, i.e. milk) extracted from the casing by the liquid extraction tube (L3, i.e. a milk flow path) to a mixing unit (6, i.e. mixed beverage) (¶ 0032); means for transferring 9 (fig. 2, i.e. a third pump) the other liquid (12, i.e. air) from the tank to the mixing unit (6, i.e. mixed beverage); the mixing unit (6, i.e. mixed beverage) for receiving and mixing the ingredient liquid (3, i.e. milk) transferred to the mixing unit (6, i.e. mixed beverage) and the other liquid (12, i.e. air) transferred to the mixing unit (6, i.e. mixed beverage); and a mixing unit outlet (10, i.e. a beverage delivery port) for pouring a content of the mixing unit (6, i.e. mixed beverage) (abstract; ¶ 0028).
The combination of references] are analogous art because they are from the same field of endeavor of beverage maker. 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 Affolter in view of Lassota, Lacobuucci and Toriumi before him or her, to include such pumps arrangements of Toriumi because it is necessary to accurately set the amount of air to be mixed with the milk to produce a mixed beverage of a predetermined viscosity. The suggestion/motivation for doing so would have been obvious because it provides a beverage supply apparatus capable of producing a mixed beverage of a predetermined viscosity with satisfactory reproducibility (¶ 0009).
With respect to claim 15, Affolter in view of Lassota, Lacobuucci and Toriumi discloses the limitations of the claimed invention as set forth above of which Toriumi further discloses wherein the means for transferring 7 (fig. 2, i.e. a first pump) the ingredient liquid (3, i.e. milk) extracted from the casing by the liquid extraction tube (L3) to the mixing unit (6, i.e. mixed beverage) and the means for transferring 9 (fig. 2, i.e. a third pump) the other liquid (12, i.e. air) from the tank to the mixing unit (6, i.e. mixed beverage) respectively comprise an ingredient pump (7) and another pump (9).
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 Affolter in view of Lassota, Lacobuucci and Toriumi before him or her, to include such pumps arrangements of Toriumi because it is necessary to accurately set the amount of air to be mixed with the milk to produce a mixed beverage of a predetermined viscosity. The suggestion/motivation for doing so would have been obvious because it provides a beverage supply apparatus capable of producing a mixed beverage of a predetermined viscosity with satisfactory reproducibility (¶ 0009).
With respect to claim 16, Affolter in view of Lassota, Lacobuucci and Toriumi discloses the limitations of the claimed invention as set forth above of which Lassota further discloses a controller 27 (fig. 2), the controller comprising electronic means for controlling operations (29, i.e. manual inputs) of the beverage dispensing unit (10) (¶ 0042,0056).
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 Affolter in view of Lassota, Lacobuucci, Toriumi and Lassota before him or her, to include such a controller of Lassota because the controller has interface circuitry to actuate what needs to be actuated and to receive inputs from manual switches and automatic sensors. The suggestion/motivation for doing so would have been obvious because it performs routine functions such as monitoring and controlling the temperature and quantity of hot water, responding to routine manual inputs, etc. (¶ 0056).
With respect to claim 17, Affolter in view of Lassota, Lacobuucci and Toriumi discloses the limitations of the claimed invention as set forth above of which Toriumi further discloses wherein the means for transferring 7 (fig. 2, i.e. a first pump) the ingredient liquid (3, i.e. milk) extracted from the casing by the liquid extraction tube (L3, i.e. a milk flow path) to the mixing unit (6, i.e. mixed beverage) and the means for transferring 9 (fig. 2, i.e. a third pump) the other liquid (12, i.e. air) from the tank to the mixing unit (6, i.e. mixed beverage) respectively comprise an ingredient pump (7) and another pump (9); the controller (1, i.e. a control unit) automatically calculating respective time and speed (i.e. a flow rate) of operation of the other pump, and respective time and speed (i.e. a flow rate) of operation of the ingredient pump (¶ 0002, 0041, 0089, 0098-0099, 0129).
With respect to claim 19, Affolter in view of Lassota, Lacobuucci and Toriumi discloses the limitations of the claimed invention as set forth above of which Affolter further discloses wherein the container 47 (fig. 23, i.e. called a set) further comprises a tag storing data 22, 22’, 27, 27’ 28, 28’ (figs. 21, 4, 7, i.e. called barcode and/or machine-readable codes) related to the container, the beverage dispensing system 3 (fig. 15, i.e. called a beverage preparation device) further comprising a contactless data reader adapted for reading and optionally writing the data stored by the tag (¶ 0040-0043, 0088, 0100, 0102-0103).
With respect to claim 20, Affolter in view of Lassota, Lacobuucci and Toriumi discloses the limitations of the claimed invention as set forth above of which Affolter further discloses wherein the resealable membrane (13, i.e. called a cover) and the air permeable membrane (20, i.e. called an encircling collar)are provided as a cap (1, i.e. called an adapter) for closing the aperture (9) of the casing (2, i.e. called a capsule); or the casing (2), the resealable membrane (13) and the air permeable membrane (20) are provided as a capsule (¶ 0007, 0009).
Claim(s) 18 is rejected under 35 U.S.C. 103 as being unpatentable over Affolter et al. (US 20210127888) in view of Lassota (US 20110081466), Lacobuucci (US 20190110634), and Toriumi et al. (US 20210186257) as applied to claim 14 above, and further in view of Hobden et al. (US 20210361112).
Regarding claim 18, Affolter in view of Lassota, Lacobuucci, and Toriumi et al. discloses all the limitations of the claimed invention as set forth above, except for wherein the controller is adapted to exchange information with a remote computing device via a communication interface of the controller.
However, wherein the controller 20 (fig. 7) is adapted to exchange information with a remote computing device via a communication interface of the controller teaches wherein the controller is adapted to exchange information with a remote computing device (¶ 0035, i.e. other devices with similar capabilities) via a communication interface (10e, 10f, i.e. user interfaces) of the controller (20) (¶ 0035, 0042, 0046).
The combination of references are analogous art because they are from the same field of endeavor of beverage dispensing machines. 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 Affolter in view of Lassota, Lacobuucci, Toriumi et al., and Hobden before him or her, to include such a communication interface of Hobden because the controller is able to receive signals from and/or send control signals to the connected components to control the operation of aspects of the beverage preparation fluid circuit. The suggestion/motivation for doing so would have been obvious because it facilitates operation of the apparatus and pressure control mechanism before and during preparation of a beverage (¶ 0046).
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wei (US 20210127891). Bisio (US 20150274412). Tensey, Jr. (US 20150217986). Skalski et al. (US 10,512,357). Glucksman et al. (US 20090007792). Rehhuss et al. (US 20220142393). And Mori et al. (US 20210251419).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KET D DANG whose telephone number is (571)270-7827. The examiner can normally be reached Monday - Wednesday 7:30 AM - 4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven W. 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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/KET D DANG/Examiner, Art Unit 3761
/STEVEN W CRABB/Supervisory Patent Examiner, Art Unit 3761