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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/20/2026 has been entered.
Response to Amendment
The amendment filed 03/20/2026 presents claim 1 as amended. Claim 1 remains the sole claim under examination.
After Final Amendments
The Office action dated 02/09/2026 was indicated as FINAL. Applicant filed numerous after final amendments on 02/11/2026, 02/12/2026, 02/13/2026, 02/16/2026, 02/25/2026, 02/26/2026, 02/27/2026, 02/28/2026, 03/01/2026, and 03/04/2026. Advisory Actions, dated 02/25/2026 and 03/20/2026, indicated that all of the after final amendments were denied entry.
MPEP 706.07 (h) details the following (emphasis added):
If the conditions for filing an RCE have been satisfied, the technical support personnel will process the proper RCE. Any previously filed unentered amendments, and amendments filed with the RCE will normally be entered. Such amendments will be entered in the order in which they were filed in the absence of any specific instructions for entry. For example, if applicant files an amendment after final rejection that is denied entry by the examiner, and applicant subsequently files an RCE with an amendment, but the RCE is silent as to whether or not the previously filed after-final amendment should be entered, then the Office will enter both amendments in the order in which they were filed. If, however, applicant files an amendment after final rejection that is denied entry by the examiner, and applicant subsequently files an RCE with an amendment including specific instructions that the previously filed after-final amendment is not to be entered, then the Office will enter the amendment filed with the RCE but will not enter the after-final amendment. If conflicting amendments have been previously filed, applicant should clarify which amendments should be entered upon filing the RCE (and fee). Applicants are encouraged to file all amendments no later than the filing of the RCE to avoid disapproval of entry under 37 CFR 1.111(b). See MPEP § 714.03(a).
The amendment filed 03/20/2026 that accompanies the RCE includes the following language:
“THIS CLAIM AMENDMENT SUPERSEDES ALL PREVIOUS CLAIM AMENDMENTS WHIH WERE NOT ENTERED AFTER THE FINAL OFFICE ACTION, AND IS IN REFERENCE TO THE AMENDED CLAIM 1 OF THE SECOND OFFICE ACTION WHICH WAS DETEREMINED TO HAVE ALLOWABLE SUBJECT MATTER.”
The Examiner notes that this statement is considered an instruction that all of the previously filed after-final amendments are not to be entered. Accordingly, only the amendment filed 03/20/2026 is entered.
Supplemental Amendments
Applicant filed numerous supplemental replies on 03/30/2026, 04/10/2026, 04/11/2026, 04/14/2026, and on 08/01/2026.
The supplemental replies are not entered because supplemental replies are not entered as a matter of right except as provided in 37 CFR 1.111(a)(2)(ii).
In accordance with MPEP 714.03 (a), the Office may enter a supplemental reply if the supplemental reply is clearly limited to:
(A) cancellation of a claim;
(B) adoption of the examiner’s suggestions;
(C) placement of the application in condition of allowance;
(D) reply to an Office requirement made after the first reply was filed;
(E) correction of informalities (e.g., typographical errors); or
(F) simplification of issues for appeal.
In this case, the supplemental replies are clearly not limited to any of the above scenarios.
Applicant Initiated Interview Requests
As a result of Applicant’s numerous and unprofessional communications to the Examiner (See attached applicant correspondence), all future interview requests are DENIED. Further, Applicant is not entitled to prosecute the instant application via email and voicemail. Only properly filed and entered documents will be considered.
Response to Arguments
Applicant's arguments filed 03/20/2026, with respect to the rejection of claim 1 under 35 USC 112 (a) have been fully considered but they are not persuasive.
Applicant traverses the rejection and contends that “8 and 9 were always disclosed as ‘comes-off-the-shelf’ hardware fasteners” and cites to various fasteners considered to have been disclosed. See Remarks, pages 6-10.
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Applicant provided screenshots of fasteners deemed to have been sufficiently disclosed
In response, the Examiner disagrees. The original specification clearly states that “the fastening mechanism function of 9 may be performed via a screw mechanism, clamp, or other mechanical attachment method for joining the connection surfaces 10 and 8 on the vertical arms 4 and 7 to the handle and fastening mechanism 9.” The specification makes no mention of the type of fasteners Applicant considers having been necessarily disclosed. While the drawings illustrate the fastening mechanism 9 at a high level of generality using conventional cross sectional schematic methodology, this is hardly evidence that the specific examples provided by Applicant were explicitly, inherently, or implicitly disclosed in the originally filed specification.
As such, the Examiner maintains that claim 1 introduces new matter.
Applicant’s further arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Drawings
The drawings were received on 03/20/2026.
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 “swivel,” “threaded swivel fastener,” “threaded interior,” and “threaded exterior” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. The response filed 03/20/2026 does not appear to address this objection.
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 amendment filed 03/20/2026 is sufficient in addressing the previously indicated new matter objections to the same.
The amendment filed 03/20/2026 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: the description of Figure 3 states on page 3 states “the second vertical force transfer arm 7 and attached filter surface are placed concentrically around the first solid vertical force transfer arm through the filter aperture at 6.”
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Figure 3 originally filed
Applicant is required to cancel the new matter in the reply to this Office Action.
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Figures 3 and 4 filed 03/20/2026
The original disclosure never described the arm 7 being placed around arm 4 “through the filter aperture at 6.” The originally filed specification states that arm 7 “connects at point 6” (page 1, description of Figure 3). As such, the arm 7 being placed around arm 4 “through the filter aperture at 6” is considered new matter.
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.
Claim 1 is rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor at the time the application was filed, had possession of the claimed invention.
Claim 1 recites, in relevant part, the outer hollow force transfer arm “integrates a threaded swivel fastener at an upper endpoint,” which was not sufficiently described in the originally filed specification.
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Figure 3 (originally filed showing arms 4 and 7 attached to handle 9)
The originally filed specification (filed 01/02/2023) details endpoints of arms 4 and 7 connecting to handle 9 via connections 8 and 10, where “the fastening mechanism of 9 may be performed via a screw mechanism, clamp, or other mechanical attachment method for joining the connection surfaces 10 and 8 on the vertical arms 4 and 7 to the handle and fastening mechanism 9. At best, the originally filed specification describes using screw mechanisms for attaching arms 4 and 7 to handle 9. The originally filed specification only mentions “swivel” in connection to “a swivel bushing mechanism” at the end point 2 or arm 4. However, amended claim 1 goes well beyond that was originally disclosed and requires a threaded swivel fastener at the upper end of the arm. The inclusion of “threaded swivel fastener at an upper endpoint” goes beyond what was originally disclosed as such is a specific fastener that was never disclosed.
Claim 1 recites, in relevant part, “a detachable handle comprised of a hollow fastener, with a threaded exterior and a threaded interior, and a concentrically attached manual grip surface, wherein said threaded exterior of the hollow fastener attaches to the integrated threaded swivel fastener located on the upper endpoint of the outer arm with a screw mechanism, and said threaded interior of said hollow fastener attaches to the integrated threaded fastener located on the upper endpoint of the inner arm with a screw mechanism, in an alternating or a simultaneous attachment configuration,” which was not sufficiently disclosed in the originally filed specification.
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Figure 3 (originally filed showing arms 4 and 7 attached to handle 9)
The originally filed specification (filed 01/02/2023) details endpoints of arms 4 and 7 connecting to handle 9 via connections 8 and 10, where “the fastening mechanism of 9 may be performed via a screw mechanism, clamp, or other mechanical attachment method for joining the connection surfaces 10 and 8 on the vertical arms 4 and 7 to the handle and fastening mechanism 9. At best, the originally filed specification describes using screw mechanisms for attaching arms 4 and 7 to handle 9. However, amended claim 1 goes well beyond that and requires fastening structure that includes a threaded exterior of the hollow fastener attached to the integrated threaded swivel fastener located on the upper endpoint of the outer arm and a threaded interior of said hollow fastener attached to the integrated threaded fastener located on the upper endpoint of the inner arm. The handle having such a fastener (i.e., exterior and interior threads engaging with respective threads on arms 4 and 7) was never disclosed. Accordingly, claim 1 introduces new matter.
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Originally filed Figures 1-3
Additionally, as shown in the originally filed Figures (above), each arm (4, 7) is attached to a handle (9). The specification, as originally filed, fails to provide support for handle 9 having exterior and interior threading that engages respective threading on arms 4 and 7. While Figure 3 shows a “completed” assembly, one would not be able to glean that handle 9 includes such fastening structure. Rather the originally filed specification and drawings makes it ambiguous as to the manner in which such assembly occurs as Figure 1 and 2 show each arm 4, 7 attached to the same handle individually and, somehow, collectively in Figure 3. In other words, Figures 1 and 2 show each arm 4, 7 attached to the handle 9. Then in Figure 3 the assembly of Figure 2 is placed over the assembly of Figure 1. How this occurs, or what structural requirements are necessary, remain ambiguous at best. Nonetheless, the originally filed specification fails to describe the invention of amended claim 1.
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.
Claim 1 is 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.
Claim 1 recites, in relevant part, an inner rigid arm connected to the collection platform “at a lower endpoint” followed by an outer arm connected to the filter aperture “at a lower endpoint.” It is unclear if there is a single lower endpoint or if two different lower endpoints are being claimed.
Claim 1 recites, in relevant part, “wherein said threaded exterior of the hollow fastener attaches to the integrated threaded swivel fastener located on the upper endpoint of the outer arm with a screw mechanism, and said threaded interior of said hollow fastener attaches to the integrated threaded fastener located on the upper endpoint of the inner arm with a screw mechanism, in an alternating or a simultaneous attachment configuration” followed by “when said integrated threaded fastener of the inner arm and said integrated threaded swivel fastener of the hollow arm are attached respectively to the threaded interior and threaded exterior of the hollow fastener of the handle simultaneously.” The former limitation includes a broad scope allowing for either alternating or simultaneous attachment, while the latter limitation includes a narrower scope requiring simultaneous attachment. As a result of claim 1 requiring both broad and narrow scopes, the full scope of claim 1 remains unclear.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Biolchini (US Patent 7040218) as evidenced by Habram (US20170295987)
Regarding claim 1, Biolchini teaches a device for infusing liquid beverages using a filter press mechanism, which provides an integrated means for removing infused material from the device after filtering and for agitating said material before filtering (Abstract; Figures 1-10; stirring coffee press 10), the device comprising:
a brewing vessel (12), comprised of a horizontal base with a perimeter connected orthogonally to vertical walls (see at least Figure 3 showing the horizontal base and vertical walls of vessel 12);
a collection platform (plate 32) with a swivel (threaded stud 36 that extends outwardly from the central axis of 32) [the threaded stud 36 engages corresponding threading on 62, as shown in Figure 4, and amounts to a swivel as such a connection allows for plate 32 to rotate relative to shaft 60] attached to a center location, were
said collection platform is located directly above and adjacent said
horizontal base inside of said vessel, with a collection platform perimeter
configured to be adjacent the vessel walls (best shown in Figure 3);
a liquid-permeable filter (screen plate 40) featuring an aperture (42) at a center location (See Fig. 4), with a filter perimeter configured to be adjacent the vessel walls (6:9-17; “The screen plate 40 has a rigid outer ring 43 featuring a flexible tapered end 44. The diameter of the outer ring 43 is larger than the diameter of the container 12, thereby allowing the tapered end 44 to press against the container to form a seal”);
an inner rigid arm (shaft 80), connected (indirectly) orthogonally to the collection platform swivel at a lower endpoint (Fig. 3-5), and featuring an integrated threaded fastener (82) at an upper endpoint (Fig. 4) which extends to a horizontal plane above the walls of said brewing vessel comprising a top location of the device (See Figs. 3 and 6);
an outer hollow force transfer arm (60), connected orthogonally to said filter
aperture at a lower endpoint (Figs. 3-5), where said outer hollow arm (60) is configured
for vertical displacement relative to said inner arm within said vessel (Figs. 3-4; arm 60 slides over arm 80), where the outer hollow arm (60) integrates a threaded swivel fastener (64) at an upper endpoint, and where said hollow arm (60) is configured to support the filter (40) at a location within said vessel which is above (Figs. 3-4) the collection platform (32), when said filter is displaced toward said collection platform (Figs. 3-5);
a detachable handle (handle defined by handle 66 and knob 74) comprised of a hollow fastener (Figs. 5 and 6; hollow shaft taken as the central shaft that receives threaded portions 64 and 82 of arms 60 and 80), with a threaded exterior and a threaded interior (respective corresponding threading of 66 and 74 where the threading of 74 can be regarded as external to the threading of 66), and a concentrically attached manual grip surface (outer surface of the handle that is gripped by a user), wherein said threaded exterior of the hollow fastener attaches to the integrated threaded swivel fastener located on the upper endpoint of the outer arm with a screw mechanism, and said threaded interior of said hollow fastener attaches to the integrated threaded fastener located on the upper endpoint of the inner arm with a screw mechanism, in an alternating or a simultaneous attachment configuration (See Figs. 3-6; the threading of 66 and 74 engages corresponding threading 64 and 82); and,
liquid agitating surfaces (agitating blade system 90) rigidly attached (7:19-20; “The hub 92 and the shaft 80 can be manufactured as a single piece”) to the inner force transfer arm (80),
threaded swivel fastener of the hollow arm are attached respectively to the
threaded interior and threaded exterior of the hollow fastener of the handle
simultaneously (Figs. 3-5).
Biolchini teaches substantially the claimed limitation. Biolchini differs from the claimed invention in that the liquid agitating surfaces are located below the collection platform and the filter, rather than above the collection platform and below the filter. As such Biolchini fails to teach the agitating surfaces being located above the collection platform.
However, this is an obvious modification as:
the agitating surfaces address a recognized problem of stirring beverage grounds in order to improve the flavor of the beverage by allowing the hot water to more thoroughly brew with the grounds. See Biolchini, 7:59-65.
There are a finite number of identified and predictable solutions to this problem. In this case the agitating surfaces can be below both the collection platform and filter, as is the case in Biolchini, the agitating surfaces can be above both the collection platform and filter, as is the case in Habram (Figs. 3b show stirring blades 60 above both the filter 63/64 and collection plate 66), and the agitating surfaces can be between the collection platform and filter.
One of ordinary skill in the art could have pursued arranging the agitating surfaces of Biolchini to be positioned between the filter and collection platform with a reasonable expectation of success as such placement would still allow for the stirring and filtering to occur.
Based on the above, a person of ordinary skill has good reason to pursue the
known options within his or her technical grasp. If this leads to the anticipated success,
it is likely that product [was] not of innovation but of ordinary skill and common sense. In
that instance the fact that a combination was obvious to try might show that it was
obvious under 35 USC 103. See MPEP 2143-I-E.
Additionally, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Biolchini, by modifying the placement of
the agitating surfaces relative to the filter and collection platform, to be located between the filter and collection platform, for in doing so would provide an alternative placement for the agitating surfaces, which would amount to the mere rearrangement of parts which lacks a patentable distinction over the prior art because shifting the position of the agitating surfaces would not have modified the operation of the press as the agitating surfaces would still be able to function as intended to stir the grounds and the filter would still function to filter the brewed beverage. See MPEP 2144.04-VI-C.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN C DODSON whose telephone number is (571)270-0529. The examiner can normally be reached Mon.-Fri. 12:00-8:00 PM (ET).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven 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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/JUSTIN C DODSON/Primary Examiner, Art Unit 3761
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