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 Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-7 rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as based on a disclosure which is not enabling. The disclosure does not enable one of ordinary skill in the art to practice the invention without “Supply of inert gas” [0025], which is/are critical or essential to the practice of the invention but not included in the claim(s). See In re Mayhew, 527 F.2d 1229, 188 USPQ 356 (CCPA 1976). Claim 1 currently recites: “an air relief chamber is provided to release air from the coffee transported through the coffee supply channel” however the coffee is supplied by inert gas not air as disclosed above [0025] and evident from the configuration as shown in figure 2 having inert gas container 20 providing flow to brewing device 1 and in fluid connection to the air relief chamber in vessel 13. It is best understood that the Applicant has intended term “air” to cover the inert gas of the specifications however no direct statement to this accord is given in the specifications. Because the term “air” is known in the art to be the gaseous substance surrounding earth (mainly nitrogen and oxygen) Applicant must provide corrections (see MPEP 2111.01 Plain meaning) to the terms “air relief chamber”, “provided to release air” in claim 1 and “air vent channel” in claim 5.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: The newly cited arts of record alone and in combination are silent regarding all the features as presently presented as the invention of claim 1, newly cited reference Ceotto (US 2021/0145207) teaches a coffee brewing system where the brewing unit 9 passes fluid (via fluid supply channel 7a- 5c) into a bottom side fed receiving and holding container (5, see figure 1 and 5), the outlet also being on the bottom side of the container (see figures 1 and 5).
However Ceotto is silent regarding a supply channel that extends upwardly inside the container up to a highest level configured to end at an air release chamber to degas the transported coffee before returning down through a coffee mix channel at the base of the receiving and holding container.
However it is known in the art that providing pump means through inert gasses advantageously keeps coffee fresh but requires degassing of the coffee before serving, see newly referenced art Richard (US 3,634,107) figure 2, provides Co2 15 to keep and move pre-coffee source 14, the coffee is delivered down stream “decarbonating” at 16 for storage and use therefrom:
“Furthermore, the pressure thus afforded in the storage tank 14 effects transfer thereof to a heating and decarbonating chamber 16. A relatively small quantity is thus transferred from the storage tank 14 to the chamber 16, where such quantity or portion is heated. The heating makes the carbonation of the "strong coffee" unstable, and in fact drives off substantially all of the dissolved carbon dioxide gas, which then collects above the liquid within the chamber 16. A relief valve 17 is set to crack or to relieve at a pressure slightly above atmospheric, so that a very small pressure is maintained in the heating chamber for two purposes.” (column 2, lines 36-46).
(The use of inert gas in addition to being transfer means, enhances the ability of the coffee to last fresh over time)
“However, if the "strong coffee" beverage requires a longer keeping time than refrigeration can provide, the "strong coffee" beverage is conducted to a carbonator 12 where the "strong coffee" beverage is subjected to gaseous carbon dioxide which is provided from a source 13 thereof. As the temperature of the "strong coffee" in the carbonator is not significantly above room temperature, the carbonation is readily effected, and the carbonated "strong coffee" is then transferred to a portable storage tank 14. The tank 14 is sealed, and may be stored an indefinite period of time without heat or refrigeration, and may be transferred to another location where a dispensing machine is situated.” (column 2, lines 7-19).
However the base cited reference Richard does not provide the structural form of degassing having the said supply channel that extends upwardly for gas relief before continuing on as said coffee mix channel that heads downwardly ending at base of the receiving and holding container. The closest found reference teaching an upward degassing inlet is Glucksman (US 2018/0110363), teaching an upward extending carafe inlet riser 128, however the coffee is in free fall therefrom (see figure 4C).
The coffee fills from/near bottom in newly cited primary reference Ceotto (see figure 1 and 5) however no advantage is provided and the coffee flow at interior of holding container does not follow the directions of the supply channel and coffee mix channels of the present application. However it is of known advantage to provide the inlet supply of a beverage near the bottom of a vessel as taught by newly referenced art Jammes (US 2018/0118551) (see figure 1 and 2 where the inlet is 1 is provided at base of vessel 4), for limiting turbulence during filling “it is well known that the production of turbulent flow automatically generates a significant emulsion of gas bubbles and therefore generates a great deal of foam” [0007].
However no single reference provides these structural features together (upward supply from bottom, degasser thereat end and return mixing line terminating near bottom, operative flow by compressed inert gas brewing system), because of the vast structural/operational difference between these references it would not have been obvious to someone with ordinary skill in the art at the time the invention was filed to arrive at the currently claimed invention of claim 1 without an impermissible degree of hindsight reasoning.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Accordingly depending claims 2-7 would be in condition for allowance once the intervening issues are overcome.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Spencer H Kirkwood whose telephone number is (469)295-9113. The examiner can normally be reached 12:00 am - 9:00 pm Eastern.
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/Spencer H. Kirkwood/Examiner, Art Unit 3761
/STEVEN W CRABB/Supervisory Patent Examiner, Art Unit 3761