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 .
DETAILED ACTION
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 5-6, 9-11, and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harrington (US 20160194147 A1).
Regarding claim 1
Harrington discloses a cartridge (10, Fig 1, [0037]) shaped for installation into a fluid dispensing device (beverage forming machine, [0003]), the cartridge comprising:
at least one ingredient reservoir (14) containing a liquid ingredient (content chamber 14 can be liquid, [0010]), the at least one ingredient reservoir having an orifice (opening 18, Fig 2); and
a membrane (cover 30 Fig 1) attached to the cartridge (10) by a first seal (1ST where cover 30 is attached to the flange portion 52 of sterile chamber 16, annotated in Fig 8) and a second seal (2ND seal at 34), wherein the first seal is stronger than the second seal (2ND seal 34 is configured to open, as seen in Fig 8, when pressure in the sterile chamber 16 exceeds a predetermined level, however at this condition 1ST seal is still intact meaning that the 1ST seal is stronger than the 2ND seal 34);
wherein the second seal is broken as part of the installation of the cartridge into the fluid dispensing device (Fig 8 shows the 2ND seal 34 broken to allow the pressure to enter the content chamber 14, where this pressure eventually breaks another seal 32 to push the content to output flow path 38 as part of installation of the cartridge 10 into the beverage machine, [0045-0046]);
wherein the first seal remains intact throughout the installation of the cartridge into the fluid dispensing device and during operation of the fluid dispensing device (1ST seal remains intact in Fig 8 and throughout); and
wherein the liquid ingredient is dispensed from the at least one ingredient reservoir through the orifice (liquid ingredient inside the reservoir 14 is dispensed through orifice 18 during operation, Fig 8) during the operation of the fluid dispensing device.
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Regarding claim 2
Harrington discloses the cartridge of claim 1.
Harrington further discloses wherein the cartridge is reusable and refillable (cartridge 10 is capable of being reused and refilled by replacing the cover 30, Fig 1).
Regarding claim 3
Harrington discloses the cartridge of claim 1.
Harrington further discloses wherein: the cartridge is rigid and made of injection molded materials (base 12 is made of polyethylene, Fig 1 [0038], which is the same as the instant specification [0043 middle] where the injection molding processes known in the art, a rigid cartridge can be made from a wide variety of materials, include: polyethylene); and
the membrane is flexible (cover membrane 30 can flex upward in Fig 8, i.e. flexible) and comprises at least a sealant layer (bottom layer of the membrane 30 adheres and seal the reservoir 14, interpreted to be the sealant layer) and a barrier layer (top layer of membrane 30 protects the cartridge from external damage, interpreted to be the barrier layer).
Regarding claim 5
Harrington discloses the cartridge of claim 1.
Harrington further discloses wherein the first seal is a peelable seal (1ST seal is a separate layer on top of the sterile chamber 16, Fig 8, thus capable of being peeled off).
Regarding claim 6
Harrington discloses the cartridge of claim 1.
Harrington further discloses
wherein: the cartridge (10 Fig 8) comprises an inlet (needle 50, [0044 bottom]) connected to a pressure source (54) external to the cartridge (10); and
during the installation of the cartridge into the fluid dispensing device (Fig 8), a pressure is supplied (54), through the inlet (50), to the cartridge (10), and the second seal (34) breaks when the pressure is at a target pressure (pressure in the sterile chamber 16 exceeds a predetermined level the frangible 2ND seal 34 opens, [0045 top]); and
the first seal remains intact at the target pressure (1ST seal remains intact as seen in Fig 8 above).
Regarding claim 9
Harrington discloses the cartridge of claim 1.
Harrington further discloses wherein: the membrane is attached (cover 30, Fig 8), by the first seal, to a first rigid surface area of the cartridge (1ST seal attached to 1ST surface, annotated in Fig 8); and
the membrane is attached, by the second seal, to a second rigid surface area of the cartridge (2ND seal attached to 2ND surface, Fig 8) before the installation of the cartridge into the fluid dispensing device.
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Regarding claim 10
Harrington discloses the cartridge of claim 9.
Harrington further discloses wherein: the first rigid surface area and the second rigid surface area are on a top surface of a plurality of walls (walls of sterile chamber 16, walls of reservoir 14, cover 30 having a wall, Fig 8) of the cartridge at a top side of the cartridge (fluid output path 38 is interpreted to be downstream/bottom surface, thus the 1ST and 2ND rigid surface areas are located at the opposite end of the output path 38, interpreted to be a top surface).
Regarding claim 11
Harrington discloses the cartridge of claim 9.
Harrington further discloses wherein:
the first rigid surface area and the second rigid surface area are on a bottom surface of a base of the cartridge at a bottom side of the cartridge (anything below the cover/membrane 30 is interpreted to be a bottom surface of a base at a bottom side of the cartridge, Fig 8, since the 1ST2nd and 2ND rigid surfaces are below the cover 30, they are interpreted to be on a bottom surface of a base at a bottom side); and
the second rigid surface area surrounds the orifice of the at least one ingredient reservoir (2ND rigid area partially surrounds orifice 18 of reservoir 14, annotated in Fig 3).
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Regarding claim 19
Harrington discloses the cartridge of claim 1.
Harrington further discloses
wherein: the cartridge comprises a channel at a bottom side of the cartridge (channel annotated in Fig 8, the orientation in Fig 8 is interpreted to be upside down where output path 38 is interpreted to be the bottom);
the orifice (18) of the at least one ingredient reservoir (14) is disposed within the channel;
the membrane is disposed below, and covers, the channel (the membrane 30 is below the channel) and the orifice (18) at the bottom side of the cartridge;
the membrane (30) and the second seal (34) hermetically seal the orifice (18) before the installation of the cartridge into the fluid dispensing device (seal 34 seals the sterile chamber which is on the left side of the orifice 18 before installation of the cartridge 10 into the beverage machine); and
the channel, the membrane, and the first seal form a fluidic path from the orifice along the bottom side of the cartridge after the installation of the cartridge into the fluid dispensing device (the channel includes the orifice 18 within, the membrane 30, and the first seal annotated in Fig 8, together form a path for the fluid to travel from sterile chamber 16 to content chamber 14 to output flow 38 after cartridge 10 is installed into the beverage machine).
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Regarding claim 20
Harrington discloses the cartridge of claim 19.
Harrington further discloses
wherein:
the cartridge (10 Fig 8) comprises an inlet (opening at needle 50) that connects a pressure source (54) external to the cartridge (10) to the channel (channel annotated in Fig 8); and
during the installation of the cartridge into the fluid dispensing device:
pressurized air, from the pressure source, is forced into the channel through the inlet (pressurized air from 54 forced into the channel); and
a pressure from the pressurized air breaks the second seal (pressurized air from 54 breaks 2ND seal 34 prior to entering the channel).
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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.
Claim(s) 22-25, 27-29, and 32-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harrington in view of Novak (US 20180153331 A1).
Regarding claim 22
Harrington discloses a fluid dispensing device (beverage forming machine, [0003]) comprising:
a cartridge (10, Fig 1, [0037]) shaped for installation into a fluid dispensing device (beverage forming machine, [0003]) and comprising:
at least one ingredient reservoir (14) containing a liquid ingredient (content chamber 14 can be liquid, [0010]), the at least one ingredient reservoir having an orifice (opening 18, Fig 2);
an inlet (needle 50, [0044 bottom]);
a membrane (cover 30 Fig 1) attached to the cartridge (10) by a first seal (1ST where cover 30 is attached to the flange portion 52 of sterile chamber 16, annotated in Fig 8) and a second seal (2ND seal at 34), wherein the first seal is stronger than the second seal (2ND seal 34 is configured to open, as seen in Fig 8, when pressure in the sterile chamber 16 exceeds a predetermined level, however 1ST seal is still intact meaning that the 1ST seal is stronger than the 2ND seal 34);
a pressurized system (pressurized fluid 54); and
wherein a pressure from the pressurized fluid (54) breaks the second seal (34) as part of the installation of the cartridge (10) into the fluid dispensing device (pressurized fluid 54 pressurizes chamber 16 until exceeding a predetermined level, then 2ND seal 34 opens, [0048], Fig 8);
wherein the first seal remains intact throughout the installation of the cartridge into the fluid dispensing device and during operation of the fluid dispensing device (1ST seal remains intact in Fig 8 and throughout); and
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wherein the liquid ingredient is dispensed from the at least one ingredient reservoir through the orifice (liquid ingredient inside the reservoir 14 is dispensed through orifice 18 during operation, Fig 8) during the operation of the fluid dispensing device.
Harrington is silent on the pressurized system being a pneumatic system; and
a controller storing instructions that, when executed, cause the fluid dispensing device to supply, using the pneumatic system, one or more valves, and the inlet, pressurized air to the cartridge.
However, Novak teaches a cartridge having an ingredient reservoir (beverage medium cartridge 4b, Fig 5, [0116 bottom]) having the pressurized system being a pneumatic system (piercing needle 35 in the opening of the reservoir 4b allow for pressurized air or other gas to enter the cartridge for forcing the beverage medium 42 into a mixing chamber via an outlet path 34, [0116 bottom]); and
a controller (controller 5, Fig 2) storing instructions that, when executed, cause the fluid dispensing device to supply, using the pneumatic system (use of air or other gas to expel beverage medium from the cartridge 4b [0111 bottom] via needle inlet 35 in Fig 5), one or more valves, and the inlet (35), pressurized air to the cartridge (beverage medium 42 may be delivered to the mixing chamber 9 by any suitable means, such as air or other gas pressure, e.g., as supplied by an air pump, the gas source 41 or other, by gravity feed, e.g., by the opening of a valve [0114 middle], this indicates that there is a valve to control the amount of air/gas supplied to cartridge 4b to expel medium 42 into output flowpath 34, annotated in Fig 5).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to use pressurized air, taught by Novak, instead of water in the pressurized system in Harrington such that the pressurized system becomes a pneumatic system, because all the claimed elements were known in the prior art (a pressurized fluid being air or liquid such as water) and one skilled in the art could have combined the elements as claimed by known methods (provide the pressurized fluid via a needle into a reservoir containing an ingredient) with no change in their respective functions (to expel the ingredient out of the reservoir into the fluid dispending machine), and the combination yielded nothing more than predictable results to one of ordinary skill in the art (KSR, 550 U.S. at 416, 82 USPQ2d at 1395), and
to add a controller and a valve, such that the controller to store instructions that, when executed, cause the fluid dispensing device to supply, using the pneumatic system, one or more valves, and the inlet, pressurized air to the cartridge, as suggested and taught by Novak, in order to automatically and easily brew and dispense a beverage for consumption.
By modifying the pressurized system 54 in Harrington with a pneumatic system taught by Novak, the pressure from the pressurized air (system 54 in Harrington would be producing pressurized air into sterile chamber 16) breaks the second seal (34 in Harrington) as part of the installation of the cartridge (10) into the fluid dispensing device (beverage machine).
Regarding claim 23
Harrington in view of Novak discloses the fluid dispensing device of claim 22.
Harrington in view of Novak further discloses wherein the pneumatic system comprises a pump and an accumulator (Novak teaches that a gas supply system can include control valves, pump, and accumulator, [0099 middle]).
Regarding claim 24
Harrington in view of Novak discloses the fluid dispensing device of claim 22.
Harrington further discloses wherein: the cartridge is rigid and made of injection molded materials (base 12 is made of polyethylene, Fig 1 [0038], which is the same as the instant specification [0043 middle] where the injection molding processes known in the art, a rigid cartridge can be made from a wide variety of materials, include: polyethylene); and
the membrane is flexible (cover membrane 30 can flex upward in Fig 8, i.e. flexible) and comprises at least a sealant layer (bottom layer of the membrane 30 adheres and seal the reservoir 14, interpreted to be the sealant layer) and a barrier layer (top layer of membrane 30 protects the cartridge from external damage, interpreted to be the barrier layer).
Regarding claim 25
Harrington in view of Novak discloses fluid dispensing device of claim 22.
Harrington further discloses wherein: the pressure from the pressurized air (54 Fig 8) is a target pressure (pressure in the sterile chamber 16 exceeds a predetermined level the frangible 2ND seal 34 opens, [0045 top]);
the second seal (34) breaks at the target pressure; and
the first seal remains intact at the target pressure (1ST seal remains intact as seen in Fig 8 above).
Regarding claim 27
Harrington in view of Novak discloses fluid dispensing device of claim 22.
Harrington further discloses wherein: the membrane is attached (cover 30, Fig 8), by the first seal, to a first rigid surface area of the cartridge (1ST seal attached to 1ST surface, annotated in Fig 8); and
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the membrane is attached, by the second seal, to a second rigid surface area of the cartridge (2ND seal attached to 2ND surface, Fig 8) before the installation of the cartridge into the fluid dispensing device.
Regarding claim 28
Harrington in view of Novak discloses fluid dispensing device of claim 27.
Harrington further discloses wherein: the first rigid surface area and the second rigid surface area are on a top surface of a plurality of walls (walls of sterile chamber 16, walls of reservoir 14, cover 30 having a wall, Fig 8) of the cartridge at a top side of the cartridge (fluid output path 38 is interpreted to be downstream/bottom surface, thus the 1ST and 2ND rigid surface areas are located at the opposite end of the output path 38, interpreted to be a top surface).
Regarding claim 29
Harrington discloses the fluid dispensing device of claim 27.
Harrington further discloses wherein:
the first rigid surface area and the second rigid surface area are on a bottom surface of a base of the cartridge at a bottom side of the cartridge (anything below the cover/membrane 30 is interpreted to be a bottom surface of a base at a bottom side of the cartridge, Fig 8, since the 1ST2nd and 2ND rigid surfaces are below the cover 30, they are interpreted to be on a bottom surface of a base at a bottom side); and
the second rigid surface area surrounds the orifice (2ND rigid area partially surrounds orifice 18 of reservoir 14, annotated in Fig 3).
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Regarding claim 32
Harrington discloses a method for installing a cartridge (10, Fig 1, [0037]) into a fluid dispensing device (beverage forming machine, [0003]), wherein the cartridge is shaped for installation into the fluid dispensing device and has a membrane (cover 30 Fig 1) attached to the cartridge by a first seal (1ST where cover 30 is attached to the flange portion 52 of sterile chamber 16, annotated in Fig 8) and a second seal (2ND seal at 34), the method comprising the steps of:
inserting the cartridge into fluid dispensing device (Fig 8 shows that the content from cartridge 10 dispenses to the beverage machine); and
supplying, from a pressure source (54) of the fluid dispensing device, pressurized fluid to the cartridge through an inlet (needle 50) of the cartridge (pressurized fluid 54 pressurizes chamber 16 until exceeding a predetermined level, then 2ND seal 34 opens, [0048], Fig 8);
wherein the first seal is stronger than the second seal (2ND seal 34 is configured to open, as seen in Fig 8, when pressure in the sterile chamber 16 exceeds a predetermined level, however 1ST seal is still intact meaning that the 1ST seal is stronger than the 2ND seal 34);
wherein the second seal (34) breaks at a pressure from the pressurized air (54); and
wherein the first seal remains intact at the pressure (1ST seal remains intact in Fig 8).
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Harrington is silent on the pressurized fluid being a pressurized air.
However, Novak teaches a cartridge having an ingredient reservoir (beverage medium cartridge 4b, Fig 5, [0116 bottom]) having the pressurized fluid being a pressurized air (piercing needle 35 in the opening of the reservoir 4b allow for pressurized air or other gas to enter the cartridge for forcing the beverage medium 42 into a mixing chamber via an outlet path 34, [0116 bottom]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to use pressurized air, taught by Novak, as the pressurized fluid in Harrington, because all the claimed elements were known in the prior art (a pressurized fluid being air or liquid such as water) and one skilled in the art could have combined the elements as claimed by known methods (provide the pressurized fluid via a needle into a reservoir containing an ingredient) with no change in their respective functions (to expel the ingredient out of the reservoir into the fluid dispending machine), and the combination yielded nothing more than predictable results to one of ordinary skill in the art (KSR, 550 U.S. at 416, 82 USPQ2d at 1395).
Regarding claim 33
Harrington in view of Novak discloses the method of claim 32.
Harrington further discloses wherein the pressure is a target pressure (the predetermined pressure level from 54 is interpreted to be the target pressure, [0048]).
Regarding claim 34
Harrington in view of Novak discloses the method of claim 32.
Harrington further discloses wherein the pressure is an operational pressure (the predetermined pressure level from 54 is interpreted to be the operational pressure, [0048]).
Regarding claim 35
Harrington in view of Novak discloses the method of claim 32.
Harrington further discloses wherein: the cartridge is rigid and made of injection molded materials (base 12 is made of polyethylene, Fig 1 [0038], which is the same as the instant specification [0043 middle] where the injection molding processes known in the art, a rigid cartridge can be made from a wide variety of materials, include: polyethylene); and
the membrane is flexible (cover membrane 30 can flex upward in Fig 8, i.e. flexible) and comprises at least a sealant layer (bottom layer of the membrane 30 adheres and seal the reservoir 14, interpreted to be the sealant layer) and a barrier layer (top layer of membrane 30 protects the cartridge from external damage, interpreted to be the barrier layer).
Allowable Subject Matter
Claim(s) 4, 7-8, 12-18, 21, 26, and 30-31 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
i. In claim 4, the cited prior art of record fails to anticipate and/or render obvious, either solely or in combination, a cartridge comprising, among other features,
wherein: the injection molded materials comprise high-density polyethylene;
the sealant layer is made of linear low-density polyethylene; and
the barrier layer is made of one of metalized polyethylene terephthalate, polyvinylidene dichloride, aluminum foil, aluminum oxide, and silicon oxide.
In claims 7 and 26, the cited prior art of record fails to anticipate and/or render obvious, either solely or in combination, a cartridge comprising, among other features,
wherein: the target pressure is less than an operational pressure; and
the first seal remains intact at or above the operational pressure.
In claim 12, the cited prior art of record fails to anticipate and/or render obvious, either solely or in combination, a cartridge comprising, among other features,
wherein: the cartridge comprises a plurality of ingredient reservoirs containing liquid ingredients, the plurality of ingredient reservoirs having respective orifices;
the membrane is attached, by a plurality of first seals, to a plurality of first rigid surface areas of the cartridge, wherein the first seal is in the plurality of first seals;
the membrane is attached, by a plurality of second seals, to a plurality of second rigid surface areas of the cartridge before the installation of the cartridge into the fluid dispensing device, wherein the second seal is in the plurality of second seals; and
the liquid ingredients are dispensed from the plurality of ingredient reservoirs through the respective orifices during the operation of the fluid dispensing device.
In claims 15 and 30, the cited prior art of record fails to anticipate and/or render obvious, either solely or in combination, a cartridge comprising, among other features,
wherein: the cartridge comprises a plurality of ingredient reservoirs containing liquid ingredients, the plurality of ingredient reservoirs having respective orifices;
the plurality of ingredient reservoirs are open at a top side of the cartridge to receive an operational pressure for dispensing the liquid ingredients from the cartridge;
the membrane is disposed above, and covers, the plurality of ingredient reservoirs at the top side of the cartridge;
the membrane and the second seal hermetically seal at least one of the plurality of ingredient reservoirs at the top side of the cartridge before the installation of the cartridge into the fluid dispensing device;
the membrane and the first seal form a pressurizable chamber at the top side of the cartridge after the installation of the cartridge into the fluid dispensing device;
the cartridge comprises an inlet that connects a pressure source external to the cartridge to the pressurizable chamber;
the pressurizable chamber is pressurized, through the inlet, at an operational pressure after the installation of the cartridge into the fluid dispensing device; and
the liquid ingredients are dispensed from the plurality of ingredient reservoirs through the respective orifices during the operation of the fluid dispensing device.
In claims 21 and 31, the cited prior art of record fails to anticipate and/or render obvious, either solely or in combination, a cartridge comprising, among other features,
wherein: the cartridge comprises a plurality of ingredient reservoirs containing liquid ingredients, the plurality of ingredient reservoirs having respective orifices, wherein the liquid ingredients are dispensed from the plurality of ingredient reservoirs through the respective orifices during the operation of the fluid dispensing device;
the cartridge comprises a channel at a bottom side of the cartridge;
the respective orifices of the plurality of ingredient reservoirs are disposed within the channel;
the cartridge comprises an inlet that connects a pressure source external to the cartridge to the channel;
the membrane is attached, by a plurality of second seals, to a base of the cartridge at the bottom side of the cartridge, wherein the second seal is in the plurality of second seals; the membrane covers the channel and the respective orifices;
the membrane and the plurality of second seals hermetically seal the respective orifices before the installation of the cartridge into the fluid dispensing device;
during the installation of the cartridge into the fluid dispensing device: pressurized air, from the pressure source, is forced into the channel through the inlet; and
a pressure from the pressurized air breaks the plurality of second seals;
the channel, the membrane, and the first seal form a fluidic path from the respective orifices along the bottom side of the cartridge after the installation of the cartridge into the fluid dispensing device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Evans (US 10046904 B2) teaches a juicer cartridge
Kruger (US 10407291 B2) teaches cartridge with piercing tip
Cafaro (US 10988287 B2) teaches a cartridge with pressurization
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Thuyhang Nguyen whose telephone number is (571) 272-5317. The examiner can normally be reached Monday-Friday 8am-5pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edward F. Landrum can be reached on (571) 272-5567. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Thuyhang N Nguyen/Examiner, Art Unit 3761
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