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 features of the invention specified in the claims.
In the present application, no drawing is provided to show:
“an open aperture” as claimed in claims 1 and 20 and “open pass-through means” as claimed in claim 14.
The claimed embodiment being used in the coffee maker or, specifically, how it accommodates a nozzle of the beverage brewer as claimed in dependent claims 31, 32, and 33.
The limitation 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.
Notification regarding 35 USC § 112f
The following is a quotation of AIA 35 U.S.C. 112f:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
In claims 14-19:
Claim limitations “Brewing material holding means”, “holder body means”, “open receiving means”, “receptacle means”, “holder covering means”, “open pass-through means”, “recess means”, “tamping means”, and “mesh filter means” have been interpreted under 35 U.S.C. 112(f), because it uses/they use a generic placeholder coupled with functional language without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f), claims 14-19 have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that, although it is not clear, the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112f limitation:
“Brewing material holding means”, “holder body means”, “open receiving means”, “receptacle means”, “holder covering means”, “pass-through means”, “recess means”, “tamping means”, and “mesh filter means” have been described in the present disclosure such as “a brewing material holder”, “a holder body”, “an opening receiving end”, ‘an interior”, “a holder lid”, “an aperture”, “a recessed portion”, “a portion of recessed”, and “a mesh filter”.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f), applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f), or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f).
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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 –
(a1) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claims 1, 14, and 20 are rejected under 35 U.S.C. 102(a1) as being anticipated by Nordskog (US 3878772).
Regarding claim 1, Nordskog discloses
A brewing material holder (reuseable container 10, fig.7), comprising:
a holder body (undercup 14, fig.7); and
a holder lid (cover 48, fig.7);
wherein the holder body (undercup 14) includes:
a holder base (base 50, fig.7),
a holder sidewall (sidewall of undercup 14) extending from the base (base 50) and defining an interior configured to receive and hold ground brewing material, and
an open receiving end (open top of undercup 14, fig.7) opposite the base (base 50),
wherein the holder lid (cover 48) is configured to engage the holder body (undercup 14) to cover the open receiving end (open top of undercup 14);
wherein the holder lid (cover 48) includes an opening aperture (water inlet conduit 56, fig.7) configured to allow fluid to flow into the interior of the holder body (undercup 14) from outside the brewing material holder (reuseable container 10).
Regarding claim 14, Nordskog discloses
Brewing material holding means (reuseable container 10, fig.7), comprising:
holder body means (undercup 14, fig.7) for receiving and holding ground brewing material, the holder body means (undercup 14) including open receiving means (open top of undercup 14, fig.7) for receiving the ground brewing material and receptacle means (chamber of undercup 14) for holding the ground brewing material; and
holder covering means (cover 48, fig.7) for engaging the holder body means (undercup 14) to cover the open receiving means (open top of undercup 14);
wherein the holder covering means (cover 48) includes an open pass-through means (water inlet conduit 56, fig.7) for allowing fluid to flow into an interior of the holder body means (undercup 14) from outside the brewing material holding means (reuseable container 10).
Regarding claim 20, Nordskog discloses
A brewing material holder (reuseable container 10, fig.7), comprising:
a holder body (undercup 14, fig.7); and
a holder lid (cover 48, fig.7);
wherein the holder body (undercup 14) includes:
a holder base (base 50, fig.7),
a holder sidewall (sidewall of undercup 14) surrounding the base (base 50), and
an open receiving end (open top of undercup 14, fig.7) opposite the base (base 50),
wherein the holder sidewall (sidewall of undercup 14) and the holder base (base 50) define an interior above the base (base 50) configured to receive ground brewing material through the open receiving end (open top of undercup 14);
wherein the holder base (base 50) includes an opening (central discharge opening 56, fig.7) within a periphery of the base (base 50)
wherein the holder lid (cover 48) is configured to engage the holder body (undercup 14) to cover the open receiving end (open top of undercup 14).
wherein a portion of the holder lid (cover 48) includes a plurality of open apertures configured to allow fluid to flow into an interior of the holder body (undercup 14) from outside the brewing material holder (reuseable container 10).
Claims 1-5, 9-18, and 31-32 are rejected under 35 U.S.C. 102(a1) as being anticipated by Mulle (US 5865095).
Regarding claim 1, Mulle discloses
A brewing material holder (filter holder 60, filter cover 54, figs.2, 4), comprising:
a holder body (filter holder 60); and
a holder lid (filter cover 54);
wherein the holder body (filter holder 60) includes:
a holder base (bottom of filter holder 60, figs.2, 4),
a holder sidewall (side wall of filter holder 60, figs.2, 4) extending from the base (bottom of filter holder 60) and defining an interior configured to receive and hold ground brewing material, and
an open receiving end (open top of filter holder 60, figs.2, 4) opposite the base (bottom of filter holder 60),
wherein the holder lid (filter cover 54) is configured to engage the holder body (filter holder 60) to cover the open receiving end (open top of filter holder 60);
wherein the holder lid (filter cover 54) includes an opening aperture (conduit 40, fig.7) [see fig.2, Col.3, line 47 cited: “…a hole positioned in the center of circular filter lid 55…”] configured to allow fluid to flow into the interior of the holder body (filter holder 60) from outside the brewing material holder (filter holder 60, filter cover 54) [Col.3, line 66-Col.4, line 1 cited: “…hot water is allowed to flow from flow chamber 44, through filter connector 52 and into filter holder 60…”].
Regarding claim 2, Mulle discloses
the portion of the holder lid (filter cover 54, figs.2, 4) is a recessed portion (center of circular filter lid 55, figs.2, 4) [Col.3, line 47 cited: “…the center of circular filter lid 55…”] of the lid (filter cover 54) [downwardly recessed portion in the center of circular filter lid 55, where it mates and contacts fluid distributor 42, figs.2, 4].
Regarding claim 3, Mulle discloses
the holder lid aperture (hole of filter cover 54, figs.2, 4) is arranged in the recessed portion (center of circular filter lid 55, figs.2, 4) of the lid (filter cover 54, figs.2, 4).
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Regarding claim 4, Mulle discloses
the brewing material holder (filter holder 60, filter cover 54, figs.2, 4) is configured to accept input fluid through the holder lid aperture (hole of filter cover 54, figs.2, 4) to wet the ground brewing material when held in the holder body (filter holder 60, figs.2, 4) [Col.3, line 66 to Col.4, line 1].
Regarding claim 5, Mulle discloses
the brewing material holder (filter holder 60, filter cover 54, figs.2, 4) is configured to accept input fluid through the holder lid aperture (hole of filter cover 54, figs.2, 4) and to provide a corresponding outflow of fluid [Col.3, line 66 to Col.4, line 1].
Regarding claim 9, Mulle discloses
at least one of the holder body (filter holder 60, figs.2, 4) and the holder lid (filter cover 54, figs.2, 4) is separate from the beverage brewer (coffee maker and grinder 10, fig.1) (filter holder 60 and filter cover 54 and separated from coffee maker and grinder 10, fig. fig.4).
Regarding claim 10, Mulle discloses
the holder base (bottom surface of filter holder 60, figs.2, 4) is configured to rest on a surface of a brewing chamber (chamber of coffee maker and grinder 10, fig.1) of the beverage brewer (coffee maker and grinder 10, fig.1).
Regarding claim 11, Mulle discloses
the holder body (filter holder 60, figs.2, 4) is configured to receive the ground brewing material before the brewing material holder (filter holder 60, filter cover 54, figs.2, 4) is arranged in the beverage brewer (coffee maker and grinder 10, fig.1).
Regarding claim 12, Mulle discloses
the holder lid (filter cover 54, figs.2, 4) is configured to engage the holder body (filter holder 60, figs.2, 4) to cover the open receiving end after the holder body (filter holder 60) receives the ground brewing material.
Regarding claim 13, Mulle discloses
the holder lid (filter cover 54, figs.2, 4) is configured to engage the holder body (filter holder 60, figs.2, 4) to cover the open receiving end of the holder body (filter holder 60) before the brewing material holder (filter holder 60, filter cover 54, figs.2, 4) is arranged in the beverage brewer (coffee maker and grinder 10, fig.1).
Regarding claim 14, Mulle discloses
Brewing material holding means (filter holder 60, filter cover 54, figs.2, 4), comprising:
holder body means (filter holder 60) for receiving and holding ground brewing material, the holder body means (filter holder 60) including open receiving means (open top of filter holder 60, figs.2, 4) for receiving the ground brewing material and receptacle means (chamber of filter holder 60) for holding the ground brewing material; and
holder covering means (filter cover 54) for engaging the holder body means (filter holder 60) to cover the open receiving means (open top of filter holder 60);
wherein the holder covering means (filter cover 54) includes an open pass-through means (conduit 40, fig.7) [see fig.2, Col.3, line 47 cited: “…a hole positioned in the center of circular filter lid 55…”] for allowing fluid to flow into an interior of the holder body means (filter holder 60) from outside the brewing material holding means (filter holder 60, filter cover 54).
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Regarding claim 15, Mulle discloses
the holder covering means (filter cover 54, figs.2, 4) includes recess means (center of circular filter lid 55, figs.2, 4) [Col.3, line 47 cited: “…the center of circular filter lid 55…”] for accommodating the nozzle (fluid distributor 42, figs.2, 4) of the beverage brewer (coffee maker and grinder 10, fig.1).
Regarding claim 16, Mulle discloses
the pass-through means (hole of filter cover 54, figs.2, 4) is arranged in the recess means (center of circular filter lid 55, figs.2, 4).
Regarding claim 17, Mulle discloses
the recess means (center of circular filter lid 55, figs.2, 4) includes tamping means (convex-shaped hanging water deflector 56, fig.2) for contacting the ground brewing material when the ground brewing material is held in the receptacle means (center of circular filter lid 55, figs.2, 4).
Regarding claim 18, Mulle discloses
the brewing material holding means (filter holder 60, filter cover 54, figs.2, 4) is configured to accept input fluid through the pass-through means (hole of filter cover 54, figs.2, 4) and to provide a corresponding outflow of fluid.
Regarding claim 31, Mulle discloses
a portion of the holder lid (filter cover 54) is configured to accommodate a nozzle (fluid distributor 42, figs.2, 4) of the beverage brewer (coffee maker and grinder 10).
Regarding claim 32, Mulle discloses
a portion of the holder covering means (filter cover 54) is configured to accommodate a nozzle (fluid distributor 42, figs.2, 4) of the beverage brewer (coffee maker and grinder 10).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 6-8 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Mulle (US 5,865,095) in view of Gauger (US 20090202691 A1).
Regarding claims 6-8 and 19, Mulle discloses substantially all the features as set forth above but does not disclose a mesh filter, and the mesh filter is made of material including nylon mesh or steel mesh.
Gauger discloses a coffee machine (coffee making, abstract) comprises a mesh filter, and the mesh filter is made of material including nylon mesh or steel mesh [Par.0036 cited: “… there are several suitable materials for the mesh cone and mesh disc bottom 5 including stainless steel, nylon, gold plated stainless steel, and others…”].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify a coffee holder of Mulle, by including a mesh filter, and the mesh filter is made of material including nylon mesh or steel mesh, as taught by Gauger, in order to facilitate agitation of the filter while the filter is in a brewing vessel during the brewing process (Gauger, Abstract).
Claims 20-25, 29-30, and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Mulle (US 5,865,095) in view of Nordskog (US 3878772).
Regarding claim 20, Mulle discloses
A brewing material holder (filter holder 60, filter cover 54, figs.2, 4), comprising:
a holder body (filter holder 60, figs.2, 4); and
a holder lid (filter cover 54, figs.2, 4);
wherein the holder body (filter holder 60) includes:
a holder base (bottom part of filter holder 60, figs.2, 4),
a holder sidewall (side wall of filter holder 60, figs.2, 4) surrounding the base (bottom part of filter holder 60), and
an open receiving end (open top of filter holder 60, figs.2, 4) opposite the base (bottom part of filter holder 60),
wherein the holder sidewall (side wall of filter holder 60) and the holder base (bottom part of filter holder 60) define an interior above the base (bottom part of filter holder 60) configured to receive ground brewing material through the open receiving end (open top of filter holder 60);
wherein the holder lid (filter cover 54) is configured to engage the holder body (filter holder 60) to cover the open receiving end (open top of filter holder 60).
However, Mulle does not explicitly disclose the holder base includes an opening within a periphery of the base; and the portion of the holder lid includes a plurality of apertures.
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Nordskog discloses a brewing material holder (reuseable container 10, fig.7) comprising a holder base (base 50, fig.7) includes an opening (central discharge opening 56, fig.7) within a periphery of the base portion of the holder lid (cover 48, fig.7) includes a plurality of apertures (plurality outlets spray, fig.7).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify a brewing material holder of Mulle, by including the holder base includes an opening within a periphery of the base; and the portion of the holder lid includes a plurality of apertures, as taught by Nordskog, in order to discharge the beverage, and allow fluid to flow into the interior of the holder body from outside the brewing material holder.
Regarding claim 21, Mulle discloses
the portion of the holder lid (filter cover 54, figs.2, 4) is a recessed portion (center of circular filter lid 55, figs.2, 4) [Col.3, line 47 cited: “…the center of circular filter lid 55…”] of the lid (filter cover 54) [downwardly recessed portion in the center of circular filter lid 55, where it mates and contacts fluid distributor 42, figs.2, 4].
Regarding claim 22, Mulle discloses
the recessed portion (center of circular filter lid 55, figs.2, 4) [Col.3, line 47 cited: “…the center of circular filter lid 55…”] of the lid (filter cover 54) is a tamper (convex-shaped hanging water deflector 56, fig.2).
Regarding claim 23, Mulle discloses
the tamper (convex-shaped hanging water deflector 56, fig.2) is configured to contact the ground brewing material when the ground brewing material is held in the holder body interior (chamber of filter holder 60).
Regarding claim 24, Mulle discloses
the brewing material holder (filter holder 60, filter cover 54, figs.2, 4) is configured to accept input fluid through the holder lid apertures (hole of filter cover 54, figs.2, 4) to wet the ground brewing material when held in the holder body (filter holder 60, figs.2, 4).
Regarding claim 25, Mulle discloses
the brewing material holder (filter holder 60, filter cover 54, figs.2, 4) is configured to accept input fluid through the holder lid apertures (hole of filter cover 54, figs.2, 4) and to provide a corresponding outflow of fluid.
Regarding claim 29, Mulle discloses
a lower end of the holder sidewall (bottom sidewall of filter holder 60, figs.2, 4) is configured to rest on a surface of a brewing chamber (chamber of coffee maker and grinder 10) of the beverage brewer (coffee maker and grinder 10, fig.1).
Regarding claim 30, Mulle discloses
the holder base (bottom of filter holder 60, figs.2, 4) has at least one opening [bottom part of filter holder 60 inherently has a space/opening to contain the filter].
Regarding claim 33, Mulle discloses
the portion of the holder lid (filter cover 54) is configured to accommodate a nozzle (fluid distributor 42, figs.2, 4) of a beverage brewer (coffee maker and grinder 10).
Claims 26-28 are rejected under 35 U.S.C. 103 as being unpatentable over Mulle (US 5,865,095) in view of Nordskog (US 3878772) in view of Gauger (US 20090202691 A1).
Regarding claims 26-28, the modification of Mulle and Nordskog discloses substantially all the features as set forth above but does not disclose a mesh filter, and the mesh filter is made of material including nylon mesh or steel mesh.
Gauger discloses a coffee machine (coffee making, abstract) comprises a mesh filter, and the mesh filter is made of material including nylon mesh or steel mesh [Par.0036 cited: “… there are several suitable materials for the mesh cone and mesh disc bottom 5 including stainless steel, nylon, gold plated stainless steel, and others…”].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify a coffee holder of Mulle, by including a mesh filter, and the mesh filter is made of material including nylon mesh or steel mesh, as taught by Gauger, in order to facilitate agitation of the filter while the filter is in a brewing vessel during the brewing process (Gauger, Abstract).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-33 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-38 of U.S. Patent No.11737597.
Although the claims at issue are not identical, they are not patentably distinct from each other.
Present application US 18129666
U.S. Patent No.11737597
1. A brewing material holder, comprising: a holder body; and a holder lid; wherein the holder body includes: a holder base, a holder sidewall extending from the base and defining an interior configured to receive and hold ground brewing material, and an open receiving end opposite the base, wherein the holder lid is configured to engage the holder body to cover the open receiving end; and wherein the holder lid includes an open aperture configured to allow fluid to flow into the interior of the holder body from outside the brewing material holder.
2. The brewing material holder of claim 1, wherein the portion of the holder lid is a recessed portion of the lid.
3. The brewing material holder of claim 2, wherein the holder lid aperture is arranged in the recessed portion of the lid.
4. The brewing material holder of claim 1, wherein the brewing material holder is configured to accept input fluid through the holder lid aperture to wet the ground brewing material when held in the holder body.
5. The brewing material holder of claim 1, wherein the brewing material holder is configured to accept input fluid through the holder lid aperture and to provide a corresponding outflow of fluid.
6. The brewing material holder of claim 5, further comprising a mesh filter.
7. The brewing material holder of claim 6, wherein the coffee holder is configured to provide the corresponding outflow of fluid through the mesh filter.
8. The brewing material holder of claim 6, wherein the mesh filter is made of material including at least one of nylon mesh and steel mesh.
9. The brewing material holder of claim 1, wherein at least one of the holder body and the holder lid is separate from the beverage brewer.
10. The brewing material holder of claim 1, wherein the holder base is configured to rest on a surface of a brewing chamber of the beverage brewer.
11. The brewing material holder of claim 1, wherein the holder body is configured to receive the ground brewing material before the brewing material holder is arranged in the beverage brewer.
12. The brewing material holder of claim 11, wherein the holder lid is configured to engage the holder body to cover the open receiving end after the holder body receives the ground brewing material.
13. The brewing material holder of claim 1, wherein the holder lid is configured to engage the holder body to cover the open receiving end of the holder body before the brewing material holder is arranged in the beverage brewer.
14. Brewing material holding means, comprising: holder body means for receiving and holding ground brewing material, the holder body means including open receiving means for receiving the ground brewing material and receptacle means for holding the ground brewing material; and holder covering means for engaging the holder body means to cover the open receiving means; wherein the holder covering means includes open pass-through means for allowing fluid to flow into an interior of the holder body means from outside the brewing material holding means.
15. The brewing material holder of claim 14, wherein the holder covering means includes recess means for accommodating the nozzle of the beverage brewer.
16. The brewing material holding means of claim 15, wherein the pass-through means is arranged in the recess means.
17. The brewing material holding means of claim 15, wherein the recess means includes tamping means for contacting the ground brewing material when the ground brewing material is held in the receptacle means.
18. The brewing material holding means of claim 14, wherein the brewing material holding means is configured to accept input fluid through the pass-through means and to provide a corresponding outflow of fluid.
19. The brewing material holding means of claim 18, further comprising mesh filter means for filtering the outflow of fluid.
20. A brewing material holder, comprising: a holder body; and a holder lid; wherein the holder body includes: a holder base, a holder sidewall surrounding the base, and an open receiving end opposite the base, wherein the holder sidewall and the holder base define an interior above the base configured to receive ground brewing material through the open receiving end; wherein the holder base includes an opening within a periphery of the base; wherein the holder lid is configured to engage the holder body to cover the open receiving end; and wherein a portion of the holder lid includes a plurality of open apertures configured to allow fluid to flow into the interior of the holder body from outside the brewing material holder.
21. The brewing material holder of claim 20, wherein the portion of the holder lid is a recessed portion of the lid.
22. The brewing material holder of claim 21, wherein the recessed portion of the lid is a tamper.
23. The brewing material holder of claim 22, wherein the tamper is configured to contact the ground brewing material when the ground brewing material is held in the holder body interior.
24. The brewing material holder of claim 20, wherein the brewing material holder is configured to accept input fluid through the holder lid apertures to wet the ground brewing material when held in the holder body.
25. The brewing material holder of claim 20, wherein the brewing material holder is configured to accept input fluid through the holder lid apertures and to provide a corresponding outflow of fluid.
26. The brewing material holder of claim 25, further comprising a mesh filter.
27. The brewing material holder of claim 26, wherein the coffee holder is configured to provide the corresponding outflow of fluid through the mesh filter.
28. The brewing material holder of claim 26, wherein the mesh filter is made of material including at least one of nylon mesh and steel mesh.
29. The brewing material holder of claim 20, wherein a lower end of the holder sidewall is configured to rest on a surface of a brewing chamber of the beverage brewer.
30. The brewing material holder of claim 20, wherein the holder base has at least one opening.
31. (new) The brewing material holder of claim 1, wherein a portion of the holder lid is configured to accommodate a nozzle of a beverage brewer.
32. (new) The brewing material holding means of claim 14, wherein a portion of the holder covering means is configured to accommodate a nozzle of a beverage brewer.
33. (new) The brewing material holder of claim 20, wherein the portion of the holder lid is configured to accommodate a nozzle of a beverage brewer.
1. A coffee holder configured to be arranged in a brewing chamber of a coffee maker, comprising: a holder body; and a holder lid; wherein the holder body includes: a holder base, a holder sidewall extending from the base and defining an interior configured to receive loose coffee, and an open receiving end opposite the base, wherein the holder lid is configured to engage the holder body to cover the open receiving end; wherein the holder lid includes: a recessed portion that extends into the holder body interior when the holder lid engages the holder body, and a passage in the recessed portion configured to allow fluid to flow into the holder body interior from the recessed portion; wherein the recessed portion of the holder lid is configured to accommodate a nozzle of the coffee maker; and wherein the coffee holder is configured to be removably arranged in the brewing chamber of the coffee maker.
2. The coffee holder of claim 1, wherein the coffee holder is configured to accept input fluid through the holder lid passage to wet the loose coffee when held in the holder body.
3. The coffee holder of claim 1, wherein the coffee holder is configured to accept input fluid through the holder lid passage and to provide a corresponding outflow of fluid.
4. The coffee holder of claim 3, further comprising a mesh filter.
5. The coffee holder of claim 4, wherein the coffee holder is configured to provide the corresponding outflow of fluid through the mesh filter.
6. The coffee holder of claim 4, wherein the mesh filter is made of material including nylon mesh.
7. The coffee holder of claim 4, wherein the mesh filter is made of material including steel mesh.
8. The coffee holder of claim 1, further configured to be replaceably arranged in the brewing chamber of the coffee maker.
9. The coffee holder of claim 1, wherein at least one of the holder body and the holder lid is separate from the coffee maker.
10. The coffee holder of claim 1, wherein the holder base is configured to rest on a surface of the brewing chamber of the coffee maker.
11. The coffee holder of claim 1, wherein the holder base includes an outer surface configured to rest on a surface of the brewing chamber of the coffee maker.
12. The coffee holder of claim 1, wherein the holder body is configured to receive the loose coffee before the coffee holder is arranged in the brewing chamber of the coffee maker.
13. The coffee holder of claim 12, wherein the holder lid is configured to engage the holder body to cover the open receiving end after the holder body receives the loose coffee.
14. The coffee holder of claim 1, wherein the holder lid is configured to engage the holder body to cover the open receiving end of the holder body before the coffee holder is arranged in the brewing chamber of the coffee maker.
15. A coffee holder configured to be arranged in a brewing chamber of a coffee maker, comprising: a holder body; and a holder lid; wherein the holder body includes; a holder base, a holder sidewall extending from the base and defining an interior configured to receive loose coffee, and an open receiving end opposite the base, wherein the holder lid is configured to engage the holder body to cover the open receiving end; wherein the holder lid includes: a protrusion that extends into the holder body interior when the holder lid engages the holder body, and a passage in the protrusion configured to allow fluid to flow into the holder body interior from the protrusion; and wherein the protrusion of the holder lid is recessed on an outside of the holder lid to accommodate a nozzle of the coffee maker; and wherein the coffee holder is configured to be removably arranged in the brewing chamber of the coffee maker.
16. The coffee holder of claim 15, wherein the coffee holder is configured to accept input fluid through the holder lid passage to wet the loose coffee when held in the holder body.
17. The coffee holder of claim 15, wherein the coffee holder is configured to accept input fluid through the holder lid passage and to provide a corresponding outflow of fluid.
18. The coffee holder of claim 17, further comprising a mesh filter.
19. The coffee holder of claim 18, wherein the coffee holder is configured to provide the corresponding outflow of fluid through the mesh filter.
20. The coffee holder of claim 18, wherein the mesh filter is made of material including nylon mesh.
21. The coffee holder of claim 18, wherein the mesh filter is made of material including steel mesh.
22. The coffee holder of claim 15, further configured to be replaceably arranged in the brewing chamber of the coffee maker.
23. The coffee holder of claim 15, wherein at least one of the holder body and the holder lid is separate from the coffee maker.
24. The coffee holder of claim 15, wherein the holder base is configured to rest on a surface of the brewing chamber of the coffee maker.
25. The coffee holder of claim 15, wherein the holder base includes an outer surface configured to rest on a surface of the brewing chamber of the coffee maker.
26. The coffee holder of claim 15, wherein the holder body is configured to receive the loose coffee before the coffee holder is arranged in the brewing chamber of the coffee maker.
27. The coffee holder of claim 26, wherein the holder lid is configured to engage the holder body to cover the open receiving end after the holder body receives the loose coffee.
28. The coffee holder of claim 15, wherein the holder lid is configured to engage the holder body to cover the open receiving end of the holder body before the coffee holder is arranged in the brewing chamber of the coffee maker.
29. A coffee holder configured to be arranged in a brewing chamber of a coffee maker, comprising: a holder body; and a holder lid; wherein the holder body includes: a holder base, a holder sidewall extending from the base and defining an interior configured to receive loose coffee, and an open receiving end opposite the base, wherein the holder lid is configured to engage the holder body to cover the open receiving end; wherein the holder lid includes: a recessed portion that extends into the holder body interior when the holder lid engages the holder body, and an opening in the recessed portion configured to allow fluid to flow into the holder body interior from the recessed portion; wherein the recessed portion of the holder lid is configured to accommodate a nozzle of the coffee maker; and wherein the coffee holder is configured to be removably arranged in the brewing chamber of the coffee maker.
30. The coffee holder of claim 29, wherein the coffee holder is configured to accept input fluid through the holder lid opening to wet the loose coffee when held in the holder body.
31. The coffee holder of claim 29, wherein the coffee holder is configured to accept input fluid through the holder lid opening and to provide a corresponding outflow of fluid.
32. The coffee holder of claim 29, further configured to be replaceably arranged in the brewing chamber of the coffee maker.
33. The coffee holder of claim 29, wherein at least one of the holder body and the holder lid is separate from the coffee maker.
34. The coffee holder of claim 29, wherein the holder base is configured to rest on a surface of the brewing chamber of the coffee maker.
35. The coffee holder of claim 29, wherein the holder base includes an outer surface configured to rest on a surface of the brewing chamber of the coffee maker.
36. The coffee holder of claim 29, wherein the holder body is configured to receive the loose coffee before the coffee holder is arranged in the brewing chamber of the coffee maker.
37. The coffee holder of claim 36, wherein the holder lid is configured to engage the holder body to cover the open receiving end after the holder body receives the loose coffee.
38. The coffee holder of claim 29, wherein the holder lid is configured to engage the holder body to cover the open receiving end of the holder body before the coffee holder is arranged in the brewing chamber of the coffee maker.
Response to Amendment
With respect to Drawing Objection: since the drawing has not been amended yet, therefore the Drawing Objection has remained. Additionally, the newly amendment claim(s) filed on 04/21/2026, has raised another issue of Drawing Objection. See above. With respect to Double Patenting Rejection: since the Terminal Disclaimer filed on 04/21/2026 was disapproved, such that the Double Patenting Rejection has remained.
Response to Argument
Applicant's arguments filed 04/21/2026 have been fully considered but they are not persuasive as the following reasons:
The applicants argue: the reference Mulle does not disclose or suggest the claimed holder lid, including an open aperture, or an open pass-through means ……, in the Remark.
The examiner’s response: the applicant’s argument is nor persuasive because the task of 102 rejections is “a claim is anticipated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference”. Verdagaal Bros. v. Union Oil Co. of California, 814 F.2d 628,631,2 USPQ2d 1051, 1053 (Fed. Cir. 1987). In this case, the Mulle reference discloses or suggests in figs.2, 4, and 7, with a filter cover 54 comprises a fluid distributor 42, wherein the fluid distributor 42 having a conduit 40. For broadly interpretation, “an open aperture” or “an open pass-through means” is something with opening or space, just like a hole, opening, pipe, tube, or conduit, such that the conduit 40, fig.7 of Mulle reference, can be considered as “an open aperture” or “an open pass-through means” because the conduit 40 is performed as the same function. See figure below.
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Daswick (US 3971305) is a relevant prior art in field of a coffee brewer, in figs.1-2, having a brewer, a holder, and a holder sidewall, but silent a holder cap.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONG T NGUYEN whose telephone number is (571)270-1834. The examiner can normally be reached 9.00am-5.00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached on 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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/PHUONG T NGUYEN/Primary Examiner, Art Unit 3761
05/17/2026
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