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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limitation
“coffee reservoir located at the bottom” in claim 1;
“ground coffee that is placed in the coffee brewing basket of said cold brew coffee brewing machine is enclosed within a flow-through coffee package that is removable from said cold brew coffee brewing machine” in claim 2
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.
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 11-17 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.
Regarding claim 11, the limitations “said removable flow-through package” and “said perked cold coffee brewing machine” are insufficient antecedent basis for this limitation in the claim. It is unclear whether the removable flow-through package is the flow-through coffee package. It is unclear what the perked cold coffee brewing machine is.
The limitation “said centrifugal coffee beverage extractor adapted to apply a spinning force to said rotatable coffee slurry container to cause said container to rotate and retained coffee beverage remaining in the mixture of ground coffee and water within said flow-through package to be centrifugally extracted therefrom” is indefinite. it is unclear how the extractor can apply a spinning force to rotate the container, since the extractor is the container based on the claim limitation.
Regarding claims 12-17, the claims are rejected due to their dependency on an indefinite claim as shown above.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 2 and 11-17 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Regarding claim 2, the limitation in this claim relates to the ground coffee, which is an external device that associates with the cold brew coffee brewing system. The ground coffee is not a part of the claimed invention. Therefore, the structure and the function of the ground coffee do not further limit the claimed invention.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
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 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 1-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Burrows (US 2022/0354296).
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Regarding claim 1, Burrows teaches a cold brew coffee brewing system (beverage brewing system 100) including a cold brew coffee brewing machine having a top (the top of beverage brewing system 100), a bottom (the bottom of beverage brewing system 100) and a coffee reservoir (accumulation reservoir 164) located at the bottom, said cold brew coffee brewing machine comprising:
a coffee brewing basket (brew vessel 102) in which ground coffee is placed (brew vessel 102 is capable to contain ground coffee), said coffee brewing basket (brew vessel 102) receiving a supply of water to be mixed with the ground coffee within said coffee brewing basket in order to create a coffee beverage (brew vessel 102 is capable to receive water to be mixed with ground coffee), said coffee brewing basket (brew vessel 102) having a coffee beverage outlet (outlet; see the annotation fig.9) through which the coffee beverage flows from said coffee brewing basket (brew vessel 102) into said coffee reservoir (accumulation reservoir 164);
a chiller (refrigerating unit 202) adapted to chill the coffee beverage that flows from said coffee brewing basket (brew vessel 102) into said coffee reservoir (refrigerating unit 202 is capable to chill the coffee beverage);
a pump (pump 504) to pump the coffee beverage within said coffee reservoir to said chiller by which the coffee beverage is chilled (see fig.4, pump 504 is capable to pump coffee beverage to refrigerating unit 202); and
tubing (tubing; see the annotation of fig.4) extending from said chiller (refrigerating unit 202) to said coffee brewing basket (brew vessel 102) so that the coffee beverage chilled by said chiller (refrigerating unit 202) is pumped by said pump (pump 504) and circulated through said tubing to be returned to said coffee brewing basket (brew vessel 102) to percolate through the ground coffee therewithin (Burrows teaches a circulation path comprising filter 128, which is capable to percolate the ground coffee.).
Regarding claim 2, Burrows teaches the ground coffee that is placed in the coffee brewing basket of said cold brew coffee brewing machine is enclosed within a flow-through coffee package that is removable from said cold brew coffee brewing machine [Examiner’s note: The ground coffee is not a part of the claimed invention. Therefore the limitation does not further limit the claimed invention. The ground coffee is removable form the cold brew coffee brewing machine of Burrows.]
Regarding claim 3, Burrows teaches said cold brew coffee brewing machine also comprises a stand (base 108) by which to suspend said coffee brewing basket above said coffee reservoir (See figures).
Regarding claim 4, Burrows teaches said cold brew coffee brewing machine also comprises a strainer (filter 128) located within said coffee reservoir (accumulation reservoir 164) so that the coffee beverage that is pumped from said coffee reservoir (accumulation reservoir 164) to said chiller flows through said strainer (filter 128).
Regarding claim 5, Burrows teaches the coffee beverage outlet (outlet) of the coffee brewing basket of said cold brew coffee brewing machine is a funnel (see fig.9).
Regarding claim 6, Burrows teaches a coffee flow control valve (P1; see the annotation of fig.4) located within said tubing to control the flow of the chilled coffee beverage that is pumped by said pump (pump 504) from said chiller (refrigerating unit 202) and returned to said coffee brewing basket (brew vessel 102) by way of said tubing.
Regarding claim 7, Burrows teaches the tubing of said cold brew coffee brewing machine through which the chilled coffee beverage is pumped runs upwardly from said chiller (refrigerating unit 202) so as to lie above said coffee brewing basket (brew vessel 102) at which said tubing turns downwardly towards said coffee brewing basket so as to lie in spaced alignment therewith (See figures, Burrows teaches a pump and a circulation path that capable to pump coffee beverage upwardly from refrigerating unit 202 above brew vessel 102.).
Regarding claim 8, Burrows teaches said coffee brewing basket has a perforated top so that the chilled coffee beverage that is pumped by said pump from said chiller (refrigerating unit 202) and through said downwardly turned tubing flows into said coffee brewing basket (brew vessel 102) by way of the perforated top thereof (See figure, Burrows teaches a pump and a circulation path that capable to pump from refrigerating unit 202 flows into brew vessel 102 by way of the perforated top.)
Regarding claim 9, Burrows teaches the tubing of said cold brew coffee brewing machine lies in a U-shaped coffee circulation path between said chiller (refrigerating unit 202) and the perforated top of said coffee brewing basket (brew vessel 102) (see fig.4, the tubing defines a U-shaped coffee circulation path between said chiller and the perforated top of said coffee brewing basket.)
Regarding claim 10, Burrows teaches said U-shaped coffee circulation path runs from said chiller (refrigerating unit 202) in a first direction so as to extend upwardly through the top of said cold brew coffee brewing machine and then in an opposite direction so as to extend downwardly through the top of said perked cold coffee brewing machine so as to lie in spaced axial alignment with the perforated top of said coffee brewing basket (see fig.4, the tubing defines a U-shaped coffee circulation path. A portion of the circulation path extends upwardly through the top of said cold brew coffee brewing machine and a portion of the circulation path extend downwardly lie in spaced axial alignment with the perforated top of said coffee brewing basket.)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRIS Q LIU whose telephone number is (571)272-8241. The examiner can normally be reached Mon-Fri 9:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at (571) 270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRIS Q LIU/ Primary Examiner, Art Unit 3761