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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 120 (fig. 5a).
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the hexagonal support ring of claim 10 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: MULTI-TIER VESSEL BREWING SYSTEM
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it recites legal phraseology (“coupling means”). A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The disclosure is objected to because of the following informalities:
In ¶ 39 of the submitted specification, “greater” is misspelled as “grater.”
In ¶ 42, “boil” is misspelled as “biol.”
In ¶ 44, “bottom end 13” should be “bottom end 15.”
In ¶ 44, “second vessel 23” should be “second vessel 20.”
Claim Objections
Claims 1–17 are objected to because of the following informalities:
Claim 1, line 3, should be amended to recite “and an exterior side wall.”
Claim 1, line 5, should be amended to recite “and an exterior side wall.”
Claim 1, line 8, should be amended to recite “the bottom end” to comport with the earlier presentation of the limitation.
Claim 1, lines 8–9, should be amended to recite “the one or more coupling members.”
Claim 2, line 3, should be amended to recite “the one or more coupling members.”
Claim 2, line 3, should be amended to recite “the secondary vessel[[s]].”
Claim 3 should be amended to replace “the coupling means interface” with “the one or more coupling members interface with” for grammar and to comport with the earlier presentation of the limitation.
Claim 4, line 4, should be amended to recite “the secondary vessel.”
Claim 8, line 1, should be amended to recite “a lip.”
Claim 8, line 2, should be amended to replace “extends” with “extending” for grammatical purposes.
The preambles of claims 9 and 10 should be amended to recite “The brewing apparatus” to conform with the presentation of the other dependent claims. Claims 12–15 should be amended in the same way with respect to independent claim 11.
Claim 9 should be amended to replace “comprises” with “is.”
Claim 11, lines 3–4, should be amended to recite “and an exterior side wall.”
Claim 11, line 7, should be amended to replace “the coupling means” with “the one or more coupling members” to comport with the earlier presentation of the limitation.
Claim 12 should be amended to strike “the brewing apparatus of claim 1” on line 1.
Claim 12, line 3, should be amended to recite “the one or more coupling members.”
Claim 12, line 4, should be amended to recite “the secondary vessel[[s]]” (however, see the §112(b) rejection below).
Claim 14, line 2, should be amended to recite “one or more support members.”
Claim 14, lines 2–3, should be amended to recite “the one or more support members” to comport with the earlier presentation of the limitation.
Claim 16, line 3, should be amended to recite “and an exterior side wall.”
Claim 16, line 6, should be amended to recite “the first vessel.”
Claim 16, line 9, should be amended to replace “the bottom edge” with “the bottom end” to comport with the earlier presentation of the limitation.
Claim 16, line 10, should be amended to replace “the coupling means” with “the one or more coupling members” to comport with the earlier presentation of the limitation.
Claim 16, line 10, should be amended to recite “interface with” for grammatical purposes.
Claim 16, line 13, should be amended to replace “at least one coupling members” with “one or more coupling members.”
Claim 16, line 14, should be amended to recite “the one or more coupling members.”
Claim 16, line 15, should be amended to recite “the secondary vessel[[s]].”
Claim 16, line 15, should be amended to replace “the coupling means” with “the one or more coupling members” to comport with the earlier presentation of the limitation.
Claim 16, line 16, should be amended to recite “interface with” for grammatical purposes.
Claim 17, lines 2–3, should be amended to recite “the one or more support members” to comport with the earlier presentation of the limitation.
Claim 17, line 4, recites “the brewing apparatus,” which should clearly be “the secondary vessel.”
Claims 5–7, 10, 13, and 15 are objected to due to dependency upon objected-to claims.
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.
Claims 7–15 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 7 recites “the top lip of the first vessel,” but this limitation has insufficient antecedent basis. The Office further notes that this limitation seems to be introduced in claim 8, which depends from claim 7. Appropriate correction is required.
Claim 11 recites “the secondary vessel” (ll. 4 and 5) and “the interior portion of the first vessel,” all of which lack antecedent basis. Limitations such as these are also recited throughout claims 12–14 dependent therefrom, as well as “the bottom end of the first vessel” in claim 14. The claims should be amended to employ the “brewing apparatus” and “vessel” terminology used properly elsewhere at the start of claim 11 and at various points throughout the rest of claims 11–14, and to provide adequate antecedent basis wherever appropriate.
Claims 9, 10, and 15 are rejected due to dependency upon rejected claims.
Comments:
Claim 6 mentions “the bottom portion of the secondary vessel,” where there is no explicit antecedent basis for any “bottom portion”; however, as a vessel, it would inherently have a bottom portion, and therefore, the claim is definite. See MPEP § 2173.05(e).
Claim 15 mentions “the sidewall of the brewing apparatus,” which has no exact antecedent basis as claim 11 only provides for “an interior side wall” and “an exterior side wall.” However, these limitations clearly provide enough support for the presence of a mere “sidewall” of the apparatus, and the claim is definite.
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.
Claims 1, 3–6, 11, and 13–15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Follett (US Pat. 211,076).
Claim 1: Follett discloses a brewing apparatus (understood as intended use; see MPEP § 2111.02.II.) comprising:
a first vessel (A) having a top end having a top edge, a bottom end, an interior portion having an interior side wall, an exterior side wall (appreciable from the figures); and
a secondary vessel (B) having a top end having a top edge, a bottom end, an interior portion having an interior side wall, an exterior side wall (appreciable from the figures), wherein the secondary vessel is configured to fit within the interior portion of the first vessel (see B within A in fig. 1), wherein the secondary vessel includes a first row of one or more coupling members (c) positioned along a first plane between the top edge and the bottom edge of the secondary vessel (appreciable from the figures), wherein the coupling members are coupled to the exterior sidewall of the secondary vessel (ibid.).
Claim 3: Follett discloses that the coupling means interface the top edge of the first vessel when the secondary vessel is moved from a first position to a second position (see the lateral hooks or catches c in fig. 3).
Claim 4: Follett discloses that the secondary vessel further comprises a plurality of support members (b) coupled to the bottom end of the secondary vessel (see the figures), wherein the support members maintain a predetermined distance between the bottom end of the first vessel and the bottom end of the second vessel within the first vessel (see fig. 1).
Comment: Applicant may note that these support members b are capable of being turned outwardly and used as hooks similar to the lateral hooks or catches c. However, because these support members are attached to the bottom end of the secondary vessel, they do not merit much comments with respect to showing the claimed invention in the prior art.
Claim 5: Follett disclose that the sidewall of the secondary vessel further comprises one or more apertures (perforations clearly shown on B in the figures, and are also discussed at least on the right column, “The vessel B may have perforations either in its sides or bottom, or in both”) configured to allow liquid to drain out of the interior portion of the secondary vessel.
Claim 6: Follett discloses that the bottom portion of the secondary vessel further comprises one or more apertures configured to allow a liquid to drain out of the interior portion of the secondary vessel into the first vessel (the right column, “The vessel B may have perforations either in its sides or bottom, or in both”).
Claim 11: Follett discloses a brewing apparatus (B; understood as intended use; see MPEP § 2111.02.II.) configured to fit within a vessel (A), wherein the brewing apparatus comprises:
a top end having a top edge, a bottom end, an interior portion having an interior side wall, an exterior side wall (all evident from the figures), wherein the secondary vessel (B) is configured to fit in the interior portion of the first vessel (see B within A in fig. 1), wherein the secondary vessel includes a first row of one or more coupling members (c) positioned along a first plane between the top edge and the bottom edge of the secondary vessel (shown in each of the figures), wherein the coupling means are coupled to the exterior sidewall of the secondary vessel (ibid.).
Claim 13: Follett discloses that the coupling means are configured allow the secondary vessel to rest on a top edge of the vessel (see the lateral hooks or catches c in fig. 3).
Claim 14: Follett discloses that the brewing apparatus further comprises one or more support members (b) coupled to the bottom end of the secondary vessel (see the figures), wherein the support members are configured to maintain a predetermined distance between the bottom end of the first vessel and the bottom end of the brewing apparatus (see fig. 1).
Claim 15: Follett discloses that the sidewall of the brewing apparatus further comprises one or more apertures (perforations clearly shown on B in the figures, but are also discussed at least on the right column, “The vessel B may have perforations either in its sides or bottom, or in both”) configured to allow liquid to drain out of the interior portion of the brewing apparatus.
Claims 1, 2, 4–8, 11, 12, 14, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gantos et al. (US Pat. 6,055,901).
Claim 1: Gantos discloses a brewing apparatus (understood as intended use; see MPEP § 2111.02.II.) comprising:
a first vessel (A) having a top end having a top edge, a bottom end, an interior portion having an interior side wall, an exterior side wall (appreciable from the figures); and
a secondary vessel (B) having a top end having a top edge, a bottom end, an interior portion having an interior side wall, an exterior side wall (appreciable from the figures), wherein the secondary vessel is configured to fit within the interior portion of the first vessel (see B within A in fig. 1), wherein the secondary vessel includes a first row of one or more coupling members (c) positioned along a first plane between the top edge and the bottom edge of the secondary vessel (appreciable from the figures), wherein the coupling members are coupled to the exterior sidewall of the secondary vessel (ibid.).
Claim 2: Gantos discloses that the secondary vessel further comprises a second row of at least one coupling members (48a, 48b, 48c) positioned along a second plane between the first row of the coupling members and the top edge of the secondary vessel (see figs. 2–4).
Claim 4: Gantos discloses that the secondary vessel further comprises a plurality of support members (32a, 32b, 32c) coupled to the bottom end of the secondary vessel (see figs. 2 and 3), wherein the support members maintain a predetermined distance between the bottom end of the first vessel and the bottom end of the second vessel within the first vessel (see fig. 8).
Claim 5: Gantos disclose that the sidewall of the secondary vessel further comprises one or more apertures (42) configured to allow liquid to drain out of the interior portion of the secondary vessel.
Claim 6: Gantos discloses that the bottom portion of the secondary vessel further comprises one or more apertures (28) configured to allow a liquid to drain out of the interior portion of the secondary vessel into the first vessel.
Claim 7: Gantos discloses a support ring (12) configured to be positioned proximate to the top lip of the first vessel (see 12 in fig. 8).
Claim 8: Gantos discloses that the first vessel further comprises a lip (78) formed in the interior sidewall and extends a pre-determined distance within the interior portion of the vessel (see fig. 8), wherein the support ring is positioned to rest on top of the lip of the first vessel (ibid.).
Claim 11: Gantos discloses a brewing apparatus (14; understood as intended use; see MPEP § 2111.02.II.) configured to fit within a vessel (16), wherein the brewing apparatus comprises:
a top end having a top edge (24), a bottom end (20), an interior portion having an interior side wall (22), an exterior side wall (22), wherein the secondary vessel is configured to fit in the interior portion of the first vessel (see 14 within 16 in fig. 8), wherein the secondary vessel includes a first row of one or more coupling members (46a, 46b, 46c) positioned along a first plane between the top edge and the bottom edge of the secondary vessel (see figs. 2 and 4), wherein the coupling means are coupled to the exterior sidewall of the secondary vessel (ibid.).
Claim 12: Gantos discloses that the secondary vessel further comprises a second row of one or more coupling members (48a, 48b, 48c) positioned along a second plane between the first row of one or more coupling members and the top edge of the secondary vessels (see figs. 2 and 4).
Claim 14: Gantos discloses that the brewing apparatus further comprises one or more support members (32a, 32b, 32c) coupled to the bottom end of the secondary vessel (see fig. 2), wherein the support members are configured to maintain a predetermined distance between the bottom end of the first vessel and the bottom end of the brewing apparatus (see fig. 8).
Claim 15: Gantos discloses that the sidewall of the brewing apparatus further comprises one or more apertures (42) configured to allow liquid to drain out of the interior portion of the brewing apparatus.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Follett in view of Gantos.
Claim 16: Follett discloses a brewing apparatus (understood as intended use; see MPEP § 2111.02.II.) comprising:
a first vessel (A) having a top end having a top edge, a bottom end, an interior portion having an interior side wall, an exterior side wall (appreciable from the figures); and
a secondary vessel (B) having a top end having a top edge, a bottom end, an interior portion having an interior side wall, an exterior side wall (appreciable from the figures), wherein the secondary vessel can be positioned within the interior portion of first vessel at a first position (see B within A in fig. 1), wherein the secondary vessel includes:
a first row of one or more coupling members (c) coupled to the exterior side wall of the secondary vessel along a first plane between the top edge and the bottom edge of the secondary vessel (appreciable from the figures), wherein the coupling means at the first plane interface the top edge of the first vessel when the secondary vessel is moved from the first position to a second position (cf. figs. 1 and 3).
Follett does not disclose a second row of at least one coupling members coupled to the exterior side wall of the secondary vessel along a second plane between the first row of the coupling members and the top edge of the secondary vessel, wherein the coupling means at the second plane interface the top edge of the first vessel when the secondary vessel is moved from the second position to a third position.
However, Gantos discloses a similar apparatus including a first row (46a, 46b, 46c) and a second row (48a, 48b, 48c) of at least one coupling members coupled to an exterior side wall (22) of a secondary vessel (14) along a second plane between the first row of the coupling members and the top edge of the secondary vessel (24). Multiple rows of coupling members allows the secondary vessel to be supported in multiple raised positions (Col. 5, lines 41-50).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to borrow the idea of an additional row of coupling members from Gantos into Follett by adding a second row of coupling members that interface the top edge of the first vessel at a third position to further allow a user to drain a selective amount of liquid from the vessel.
Claim 17: Follett discloses that the brewing apparatus further comprises one or more support members (b) coupled to the bottom end of the secondary vessel (see the figures), wherein the support members are configured to maintain a predetermined distance between the bottom end of the first vessel and the bottom end of the brewing apparatus (see fig. 1).
Allowable Subject Matter
Claims 9 and 10 would be allowable if rewritten to overcome the objections, as well as the rejection(s) under 35 U.S.C. 112(b), set forth in this Office action and to include 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 claims 9 and 10, the prior art does not disclose or suggest, alone or in combination, an octagonal or hexagonal support ring, particularly in combination with the coupling members already claimed, especially seeing as both Follett and Gantos already have systems to support the secondary vessel in high elevated positions. Prior art such as Borgeois, Jr. (US Pat. 6,314,869) and Dunmore (GB 2240707 A) discloses apparatuses with simple wire-based supports that function similarly to such a support ring.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Plummer et al. (US Pub. 2022/0304496) and Rains (US Pat. 309,249) discloses apparatuses similar to Follett and Gantos.
Gascoyne et al. (GB 2577752 A) discloses a brewing apparatus with a drainable secondary vessel.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to John J. Norton whose telephone number is (571) 272-5174. The examiner can normally be reached 9:00 AM to 5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edward F. Landrum can be reached at (571) 272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN J NORTON/ Primary Examiner, Art Unit 3761