Prosecution Insights
Last updated: April 19, 2026
Application No. 18/147,968

HOT BEVERAGE BREWING APPARATUS

Final Rejection §103§112
Filed
Dec 29, 2022
Examiner
TRAN-LE, THAO UYEN
Art Unit
3761
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Bravilor Bonamat B V
OA Round
2 (Final)
36%
Grant Probability
At Risk
3-4
OA Rounds
4y 3m
To Grant
76%
With Interview

Examiner Intelligence

Grants only 36% of cases
36%
Career Allow Rate
38 granted / 107 resolved
-34.5% vs TC avg
Strong +40% interview lift
Without
With
+40.5%
Interview Lift
resolved cases with interview
Typical timeline
4y 3m
Avg Prosecution
61 currently pending
Career history
168
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
50.9%
+10.9% vs TC avg
§102
15.6%
-24.4% vs TC avg
§112
31.6%
-8.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 107 resolved cases

Office Action

§103 §112
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 . Response to Amendment This action is responsive to the amendments filed 12/01/2025. Claim 1 is pending in this application. As directed, claim 1 has been amended. With respect to Claim Objections: Applicant’s amendments to the Claims have overcome the Claim Objections set forth in the Non-Final Office Action dated 10/02/2025. With respect to 35 U.S.C. 112(b) Claim Rejections: Applicant’s amendments to the Claims have overcome the 35 U.S.C. 112(b) Claim Rejections set forth in the Non-Final Office Action dated 10/02/2025. Response to Arguments With respect to 35 U.S.C. 103 Claim Rejections: Applicant(s)’ arguments filed 12/01/2025 have been fully considered but are moot based on new ground(s) of rejection necessitated by amendments. Specifically, Applicant’s amendments to the Claims filed 12/01/2025 have changed the scope of the claims; therefore, the claim interpretation has changed. To be more specific, claim 1 has been amended to change the limitation “one of the two halves of a power cycle” to “a selected half, leaving unselected a non-selected half of a power cycle” in lines 13-14; additionally, claim 1 has also been amended to change the limitation “said second half” to “the non-selected half” in line 22. However, it is noted that as stated in the Non-Final Office Action dated 10/02/2025, the limitation “the two halves” was not defined previously anywhere in the claim, thus, this limitation was rejected under 35 U.S.C. 112(b) because there is no “two halves” recited previously and it was unclear what the limitation “the two halves” refers to; additionally, the limitation “second half” was not defined previously anywhere in the claim, thus, this limitation was rejected under 35 U.S.C. 112(b) because there is no “second half” recited previously and it was unclear what the limitation “said second half” refers to. Therefore, as stated in the in the Non-Final Office Action dated 10/02/2025, for examination purposes, the limitation “said second half” was interpreted to be the positive half in the Non-Final Office Action dated 10/02/2025. Claim 1 has now been amended to change the limitation “said second half” to “the non-selected half” in line 22. Thus, in this Office Action, the non-selected half is interpreted to be the negative half of the power cycle because the selected half of the power cycle is the positive half. Therefore, the claim interpretation has changed due to the amendments to the Claim 1 filed 12/01/2025. However, Examiner would like to note that Applicant(s)’ arguments filed 12/01/2025 regarding the prior arts on record have been fully considered but they are not persuasive for the following reasons: Applicant(s)’ Arguments: (Regarding claim 1 – see details on pages 5-9 of the Remarks dated 12/01/2025) Applicant alleged that the prior art(s) on record does not teach the newly amended limitations: “wherein the driving circuit is arranged to maintain the switch in the on position for a selected period of time in the non- selected half of the power cycle present on the power input line, so as to enable that in the non-selected half electrical current through the water pump restores to zero” as recited in lines 19-22 of claim 1. Specifically, Applicant alleged: “Chopping, or reducing the electric electrical energy, occurs exclusively during the positive portion of the waveform in Ruggiero. Whereas Applicant's claim 1 maintains a switch open such that reducing the electrical current occurs during the negative portion of the waveform (i.e., the non-selected half). If the proposed modification or combination of the prior art would change the principle of operation of the prior art invention being modified, then the references are not sufficient to render the claims prima facie obvious. In re Ratti, 270 F.2d 810, 813 123 USPQ 349, 352 (CCPA 1959). Modifying Ruggiero to reduce the electrical energy during the negative portion of the waveform to achieve Applicant's claim 1 would change the principle of operation of Ruggiero as Ruggiero exclusively reduces the electrical energy during the positive portion of the waveform through chopping. Ruggiero certainly does not teach the limitation of Applicant's claim 1 requiring that "the driving circuit is arranged to maintain the switch in the on position for a selected period of time in the non-selected half of the power cycle present on the power input line, so as to enable that in the non-selected half electrical current through the water pump restores to zero." Ruggiero teaches nothing of this kind but simply maintains a certain chopping percentage in the positive cycle of the waveform.” – see details on pages 5-9 of the Remarks dated 12/01/2025. Examiner’s Response: In response to Applicant’s arguments that “Chopping, or reducing the electric electrical energy, occurs exclusively during the positive portion of the waveform in Ruggiero. Whereas Applicant's claim 1 maintains a switch open such that reducing the electrical current occurs during the negative portion of the waveform (i.e., the non-selected half).” and Applicant relies on Fig.1 of the Instant Application to show that the chopping/reducing the electrical current also occurs during the negative portion of the waveform, Examiner respectfully disagrees because claim 1 recites limitations: “a zero cross detection circuit connected to a power input line of a power circuit which provides power to the water pump to detect and select one of a selected half, leaving unselected a non-selected half, the two halves of a power cycle present on the power input line” in lines 11-14, and “wherein the switch is driven by the driving circuit and which is arranged to repetitiously switch the switch on and off so as to provide a predefined percentage of the power available on the power input line in the selected half of the power cycle to the water pump, wherein the driving circuit is arranged to maintain the switch in the on position for a selected period of time in the non- selected half of the power cycle present on the power input line, so as to enable that in the non-selected half electrical current through the water pump restores to zero.” in lines 16-22. Therefore, according to the claim 1 of the Instant Application, the switch is driven by the driving circuit and which is arranged to repetitiously switch the switch on and off so as to provide a predefined percentage of the power available on the power input line in the selected half (i.e., the positive half) of the power cycle to the water pump, thus, claim 1 requires the reducing or chopping electrical current to occur in the positive half of the power cycle in order to provide a predefined percentage of the power available on the power input line in the selected half (i.e., the positive half) of the power cycle. Claim 1 does not require the chopping or reducing the electrical energy occur in the non-selected half (i.e., negative half) of the power cycle. In contrast, claim 1 only requires the driving circuit is arranged to maintain the switch in the on position for a selected period of time in the non-selected half of the power cycle present on the power input line, so as to enable that in the non-selected half electrical current through the water pump restores to zero, these features are taught by Upston in view of Ruggiero, see detailed rejections in the 35 U.S.C. 103 Claim Rejections section below. Specifically, Par.0081 of the secondary reference Ruggiero teaches: “chopped 50 may extend anywhere between the zero crossing point at the rise in voltage to the subsequent zero crossing point at the fall in voltage.”. It is noted that when a switch is turned off, it creates an open circuit (a break in the path), which stops the flow of electric current entirely. Because no current flows through the circuit when it is off, there can be no negative waveform (or any current waveform) in the AC current. However, Fig.3 of Ruggiero clearly shows the positive and negative of the AC current. Therefore, Fig.3 of Ruggiero indicates the switch maintained on in the negative half in order to form the negative half of the waveform, and in the negative half, the electrical current through the water pump restores to zero as shown in Ruggiero annotated Fig.3 below in the rejection of claim 1 below. It is further noted that Par.0081 of the secondary reference Ruggiero teaches: “chopped 50 may extend anywhere between the zero crossing point at the rise in voltage to the subsequent zero crossing point at the fall in voltage.”, thus, the zero crossing point at the rise in voltage to the subsequent zero crossing point at the fall in voltage needs to be the positive half of the waveform. Thus, Par.0081 of Ruggiero explicitly teaches the chopping occurs in the positive half. It is noted that the features upon which applicant relies (i.e., “Applicant's claim 1 maintains a switch open such that reducing the electrical current occurs during the negative portion of the waveform (i.e., the non-selected half).”, and Applicant relies on Fig.1 of the Instant Application to show that the reducing the electrical current also occurs during the negative portion of the waveform) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). In this case, Applicant’s claim 1 does not require reducing/chopping the electrical energy during the negative portion of the waveform, as explained previously above. Furthermore, in response to Applicant’s arguments that “Modifying Ruggiero to reduce the electrical energy during the negative portion of the waveform to achieve Applicant's claim 1 would change the principle of operation of Ruggiero as Ruggiero exclusively reduces the electrical energy during the positive portion of the waveform through chopping”, Examiner respectfully disagrees because Examiner did not modify Ruggiero to reduce the electrical energy during the negative portion of the waveform to achieve Applicant’s claim 1 since Applicant’s claim 1 does not require reducing/chopping the electrical energy during the negative portion of the waveform, as explained previously above. Therefore, given above reasons, Upston in view of Ruggiero properly teaches all limitations recited in the independent claim 1, see detailed rejections of claim 1 in the 35 U.S.C. 103 Claim Rejections section below. 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. 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. Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Upston et al. (U.S. Pub. No. 2014/0069279 A1, previously cited) in view of Ruggiero et al. (U.S. Pub. No. 2018/0192817 A1, previously cited). Regarding claim 1, Upston discloses a hot beverage brewing apparatus (espresso coffee machine 200, Upston Fig.7) comprising: a water input (water reservoir 210, Upston Fig.7); a water pump (pump 234, Upston Fig.7) connected to the water input (water reservoir 210, Upston Fig.7) and comprising a first control loop (the first control loop includes the first flow meter 233, the second flow meter 238, the processor 202, and the pump 234 itself because the Instant Application defines the first control loop as “This first control loop comprises flow measurement device 4, controller 5, and of course water pump 3 itself.” in Par.0014 of the Instant Application. Therefore, the prior art Upston first control loop and the Instant Application first control loop are equivalent.) for controlling a flow generated by the water pump (pump 234, Upston Fig.7) (Upston Par.0125 discloses: “a pair of flow meters are used, the first flow meter 230 to measure the feed flow to the pump and the second flow meter 237 to measure return flow from an over pressure valve 235. In this arrangement, the resultant flow delivered to the coffee boiler 260 (and therefore to the showerhead 296) can be calculated by subtracting the return flow from the feed flow. By calculating resultant flow over a time period of coffee production, a dose measure can be determined. It will be appreciated that this calculation can be performed in real time, and used to stop the pump when a suitable dose has been delivered through the showerhead.”; Since Upton discloses that the two flow meters are used to obtained the resultant flow generated by the pump and delivered to the brewer, wherein the resultant flow is calculated in real time, and then the calculated resultant flow is used to stop the pump when a suitable dose has been delivered; therefore, Upston discloses the first control loop for controlling flow generated by the water pump); a thermal heater (thermal heater includes the steam boiler 250, the coffee boiler 260 and the heated group head 700, Upston Fig.7) connected to the water pump (pump 234, Upston Fig.7) and comprising a second control loop (the second control loop includes the temperature sensing elements (thermistors) 257, 267, 730, the processor 202 and the power source configured to provide power to the steam boiler 250, the coffee boiler 260 and the heated group head 700. It is noted that the Instant Application defines the second control loop as “This second control loop comprises thermistor 8 for measuring the temperature, the earlier mentioned controller 5 which for clarity of the figure is repeated in dashed lines, and electronics 9 providing power to thermal heater 7.” in Par.0015 of the Instant Application. Furthermore, Upston Pars.0158-0163 discloses the brew boiler and group head are typically temperature controlled using proportional—integral—derivative (PID) control module for controlling the heating by the thermal heater of the water supplied by the water pump; therefore, Upston discloses the second control loop) for controlling a heating by the thermal heater (thermal heater includes the steam boiler 250, the coffee boiler 260 and the heated group head 700, Upston Fig.7) of a water supplied by the water pump (pump 234, Upston Fig.7) (Upston Pars.0158-0163 discloses the brew boiler and group head are typically temperature controlled using proportional—integral—derivative (PID) control module for controlling the heating by the thermal heater of the water supplied by the water pump); and a brewer unit (coffee showerhead 292, Upston Fig.7) connected to the thermal heater (thermal heater includes the steam boiler 250, the coffee boiler 260 and the heated group head 700, Upston Fig.7) with a first outlet (first outlet, Upston annotated Fig.7 below) for the hot beverage (Upston Par.0121 discloses: “By way of example, egress from the coffee boiler is also used to provide hot water to a coffee showerhead 292 for providing coffee 294.”); wherein the thermal heater (thermal heater includes the steam boiler 250, the coffee boiler 260 and the heated group head 700, Upston Fig.7) is provided with a second outlet (second outlet, Upston annotated Fig.7 below) for steam (Upston Par.0118 discloses: “By way of example, egress steam 272 from the steam boiler 250 is released from a continuously variable delivery ball valve 274 though a steam wand 274.”; therefore, the annotated second outlet of the steam boiler 250 shown in Upston annotated Fig.7 below is for steam), and the first control loop (the first control loop includes the first flow meter 233, the second flow meter 238, the processor 202, and the water pump 234, Upston Fig.7 and as explained previously above) for controlling the flow generated by the water pump (pump 234, Upston Fig.7) comprises a zero crossing (zero crossing as shown in Upston annotated Fig.6A below; Upston Par.0140 discloses: “FIG. 6A shows a sine wave 600 indicative of alternating current power (voltage or current). Each time the line equals the neutral or ground line, a ‘Zero Crossing’ occurs.”, and Par.0147 discloses: “It will be appreciated that alternating current sources have two zero crossings every cycle, in which no current should be flowing.”) and a positive half and a negative half of a power cycle present on the power input line (Upston Fig.6A shows positive half and negative half of the power cycle present on the power input line), the first control loop (the first control loop includes the first flow meter 233, the second flow meter 238, the processor 202, and the water pump 234, Upston Fig.7 and as explained previously above) further comprising a driving circuit (driving circuit, Upston annotated Fig.5B below) (it is noted that the first control loop is for controlling the pump and flow generated by the pump, and the driving circuit of the circuit 550 in Upston Fig.5B is used to modify power supplied to the pump, as indicated by Upston Par.0144; thus, the first control loop comprising the annotated driving circuit as shown in Upston annotated Fig.5B below), and the first control loop (the first control loop includes the first flow meter 233, the second flow meter 238, the processor 202, and the water pump 234, Upston Fig.7 and as explained previously above) further comprising a switch (TRIAC 580, Upston Fig.5B) (it is well known in the art that TRIAC is Triode for Alternating Current, which is used as an electronic switch for controlling AC power, additionally, Upston Par.0148 also discloses: “As the TRIAC turns off at each zero crossing, if less power is desired to be delivered, the TRIAC can be turned on for a period after a zero crossing, for example at time 612 and time 614, as shown in FIG. 6B.”) in the power circuit (circuit 550, Upston Fig.5B & Par.0144) (Upston Par.0144 discloses: “a circuit 550 used to modify power supplied to a pump”) of the water pump (pump 234, Upston Fig.7), wherein the switch (TRIAC 580, Upston Fig.5B) is driven by the driving circuit (driving circuit, Upston annotated Fig.5B below) and which is arranged to repetitiously switch the switch (TRIAC 580, Upston Fig.5B) on and off (Upston Par.0148 also discloses: “As the TRIAC turns off at each zero crossing, if less power is desired to be delivered, the TRIAC can be turned on for a period after a zero crossing, for example at time 612 and time 614, as shown in FIG. 6B.”. It is noted that the zero crossing occurs each time the line equals the neutral or ground line when transitioning from positive to negative or vice versa in its oscillating waveform, as shown in annotated Fig.6A below. Therefore, Upston discloses the TRIAC 580 is repetitiously switched on and off.) so as to provide a predefined percentage of the power available on the power input line (Upston Par.0149 discloses: “Referring to FIG. 6C, if half the power is required, the TRIAC can be enabled at the midpoint between each zero-crossing (time 622 and time 624). ”; therefore, Upston teaches 50% of the power available on the powerline) in the power cycle (Upston Fig.6A shows positive half and negative half of the power cycle) to the water pump (pump 234, Upston Fig.7), wherein the driving circuit (driving circuit, Upston annotated Fig.5B below) is arranged to maintain the switch (TRIAC 580, Upston Fig.5B) in the on position for a selected period of time (period of time is from midpoint between two zero-crossing points to the next zero-crossing point in the negative half as shown in Upston annotated Figs.6A-6C below because Upston Par.0149 discloses: “Referring to FIG. 6C, if half the power is required, the TRIAC can be enabled at the midpoint between each zero-crossing”) in the negative half (negative half, Upston annotated Figs.6A-6C below) of the power cycle (Upston Fig.6A shows positive half and negative half of the power cycle) present on the power input line (Upston annotated Fig.6C below shows that the switch is in the on position for a selected period of time from midpoint between two zero-crossing points to the next zero-crossing point in the negative half), so as to enable that in the negative half (negative half, Upston annotated Figs.6A-6C below) electrical current through the water pump (pump 234, Upston Fig.7) restores to zero (Upston annotated Fig.6C below shows that in the negative half electrical current through the water pump restores to zero). PNG media_image1.png 840 878 media_image1.png Greyscale PNG media_image2.png 568 867 media_image2.png Greyscale PNG media_image3.png 1167 887 media_image3.png Greyscale Upston does not explicitly disclose: a zero cross detection circuit connected to a power input line of a power circuit which provides power to the water pump to detect and select a selected half, leaving unselected a non-selected half of a power cycle present on the power input line, and the driving circuit cooperating with the zero cross detection circuit, wherein the switch is driven by the driving circuit, the driving circuit is arranged to repetitiously switch the switch on and off so as to provide a predefined percentage of the power available on the power input line in the selected half of the power cycle to the water pump, wherein the driving circuit is arranged to maintain the switch in the on position for a selected period of time in the non-selected half of the power cycle present on the power input line, so as to enable that in the non-selected half electrical current through the water pump restores to zero. Ruggiero teaches a hot beverage brewing apparatus (beverage preparation system 2, Ruggiero Fig.1) comprising a water pump (pump 22, Ruggiero Fig.1): a zero cross detection circuit (zero cross detection circuit is circuit of the voltage sensor connected to analogue signal terminal of the processor 38 [see the processor 38 in Ruggiero Figs.1-2] because Ruggiero Par.0089 teaches: “For determination of the voltage zero-crossing, the control system may comprise a voltage sensor, such as divider arrangement or potentiometer, which is connected to an analogue signal terminal of the processor 38.”) connected to a power input line (power supply 42, Ruggiero Fig.2) of a power circuit (power circuit is circuit of the control system 16, Ruggiero Fig.2) which provides power to the water pump (pump 22, Ruggiero Fig.1) (Ruggiero Par.0077 teaches: “The power supply 42 is operable to supply electrical energy to the processor 38 and component processing unit 14, and in particular the pump 22 as will be discussed. The power supply 42 may comprise various means, such as a battery or a unit to receive and condition a mains electrical supply.”, and Par.0079 teaches: “The control system 16 is operable to control a waveform of the electrical energy supplied to the pump 22 during a preparation operation.”) to detect and select a selected half (positive half, Ruggiero annotated Fig.3 below), leaving unselected a non-selected half (negative half, Ruggiero annotated Fig.3 below) of a power cycle present on the power input line (power supply 42, Ruggiero Fig.2) (It is noted that the selected half and the non-selected half of the power cycle is interpreted to be positive half and negative half, respectively, because in alternating current (AC), a full cycle consists of a positive half-cycle where the voltage is above zero and the current flows in one direction, and a negative half-cycle where the voltage is below zero, and the current flows in the opposite direction. In this case, as shown in Ruggiero Fig.3 and indicated by Par.0081; specifically, Ruggiero Par.0081 teaches: “An example of such chopping is illustrated for the voltage waveform in FIG. 3, wherein the zero crossing points 48 are those of intersection with the time axis t where the voltage V is zero (the shaded region indicates the portion chopped). In the illustrated example the portion that is chopped 50 may extend anywhere between the zero crossing point at the rise in voltage to the subsequent zero crossing point at the fall in voltage. Herein the portion of the period that is chopped 50 is expressed as a percentage between these two points of zero-crossing, i.e. 100% represents chopping of the entire positive pulse of the waveform.”; it is noted that the portion between the zero crossing point at the rise in voltage to the subsequent zero crossing point at the fall in voltage is the positive half of the power cycle. Therefore, Ruggiero teaches detect and select the positive half, leaving unselected negative half of the power cycle present on the power input line), the first control loop (control system 16, Ruggiero Fig.2) further comprising a driving circuit (driving circuit is the circuit of the processor 38 that is associated with the electrically operated switch because Ruggiero Par.0088 teaches: “For the aforesaid chopping the processor 38 typically controls via a terminal thereof and electrically operated switch.”) cooperating (cooperating via the processor 38, Ruggiero Fig.2) with the zero cross detection circuit (circuit of the voltage sensor connected to analogue signal terminal of the processor 38 because Ruggiero Par.0089 teaches: “For determination of the voltage zero-crossing, the control system may comprise a voltage sensor, such as divider arrangement or potentiometer, which is connected to an analogue signal terminal of the processor 38.”), and the first control loop (control system 16, Ruggiero Fig.2) further comprising a switch (“electrically operated switch”, Ruggiero Par.0088) in the power circuit (power circuit is circuit of the control system 16, Ruggiero Fig.2) of the water pump (pump 22, Ruggiero Fig.1), wherein the switch (“electrically operated switch”, Ruggiero Par.0088) is driven by the driving circuit (driving circuit is the circuit of the processor 38 that is associated with the electrically operated switch because Ruggiero Par.0088 teaches: “For the aforesaid chopping the processor 38 typically controls via a terminal thereof and electrically operated switch.”) and which is arranged to repetitiously switch the switch (“electrically operated switch”, Ruggiero Par.0088) on and off so as to provide a predefined percentage of the power available on the power input line (Ruggiero Table 7 shows the percentage of the power available on the power line) in the selected half (positive half, Ruggiero annotated Fig.3 below) of the power cycle (power cycle includes positive half and negative half, Ruggiero annotated Fig.3 below) to the water pump (pump 22, Ruggiero Fig.1) (Ruggiero Par.0035 teaches: “The control system may comprise a power supply, (e.g. portable supply such as a battery or power supply unit for receiving mains electrical energy, e.g. with a conditioner, transformer etc) to supply electrical energy to the pump, an electrically operated switch (e.g. a triac or transistor or thyristor) arrange to effect said chopping of the waveform of the electrical energy to the pump; and a processor to control the electrically operated switch.” ; and it is further noted that the zero crossing point 48 occurs each time the line equals the neutral or ground line when transitioning from positive to negative or vice versa in its oscillating waveform, as shown in Ruggiero Fig.3 below. Additionally, Ruggiero Par.0039 teaches: “The computer program comprising program code to control (e.g. when executed) (e.g. via a signal to an electrically operated switch) a waveform of electrical energy applied to a pump of said machine, wherein said control comprises during a start-up phase effecting chopping of a portion of the period of the waveform, whereby the portion chopped varies between a start and an end of the start-up phase in a non-linear manner with respect to time and with a greater rate change proximate said end.”. Therefore, Ruggiero teaches the electrically operated switch is driven by the driving circuit and which is arranged to repetitiously switch the switch on and off to chop the AC waveform so as to provide predefined percentage of the power available on the power input line in the positive half of the power cycle to the water pump), wherein the driving circuit (driving circuit is the circuit of the processor 38 that is associated with the switch because Ruggiero Par.0088 teaches: “For the aforesaid chopping the processor 38 typically controls via a terminal thereof and electrically operated switch.”) is arranged to maintain the switch (“electrically operated switch”, Ruggiero Par.0088) in the on position for a selected period of time (period of time, Ruggiero annotated Fig.3 below, which is the time when half of the power cycle occurs as shown in Ruggiero annotated Fig.3 below) in the non-selected half (negative half, Ruggiero annotated Fig.3 below) of the power cycle (power cycle includes positive half and negative half, Ruggiero annotated Fig.3 below) present on the power input line (Ruggiero Fig.3 shows that the switch is in the on position for half of the power cycle in the negative half of the power cycle present on the power input line), so as to enable that in the non-selected half (negative half, Ruggiero annotated Fig.3 below) electrical current through the water pump (pump 22, Ruggiero Fig.1) restores to zero (Ruggiero annotated Fig.3 below shows in the negative half, electrical current through the pump 22 restores to zero). PNG media_image4.png 970 1184 media_image4.png Greyscale It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Upston, by adding a zero cross detection circuit connected to a power input line of a power circuit which provides power to the water pump to detect and select a selected half, leaving unselected a non-selected half of a power cycle present on the power input line, and the driving circuit cooperating with the zero cross detection circuit, wherein the switch is driven by the driving circuit, the driving circuit is arranged to repetitiously switch the switch on and off so as to provide a predefined percentage of the power available on the power input line in the selected half of the power cycle to the water pump, wherein the driving circuit is arranged to maintain the switch in the on position for a selected period of time in the non-selected half of the power cycle present on the power input line, so as to enable that in the non-selected half electrical current through the water pump restores to zero, as taught by Ruggiero, in order to reduce the noise of the beverage making machine when executing a preparation operation, as recognized by Ruggiero [Ruggiero, Pars.0005, 0015-0018, 0029, 0078-0084]. Thus, the modification would improve the overall experience, enhancing productivity, and promoting a more pleasant environment. Furthermore, the modification would also lead to a more reliable, efficient, and durable machine by mitigating the root causes of noise: vibrations, fluid turbulence, and cavitation. Conclusion The following prior art(s) made of record and not relied upon is/are considered pertinent to Applicant’s disclosure. Clark et al. (U.S. Patent No. 9,113,750 B2) discloses a system for producing beverages or other food products which includes, generally and broadly, controllably dispensing water from the system for use in brewing. Howitt et al. (U.S. Pub. No. 2016/0045062 A1) discloses an apparatus for dispensing a predetermined volume of a warm liquid includes a heater, a pump and a temperature sensor sensitive to the temperature of the liquid upstream of the heater. Webster (U.S. Patent No. 8,490,540 B2) discloses a programmable brewer capable of brewing approximately 250 different brewing profiles for beverages, including a housing, having a base, the base capable of supporting a decanter, into which the brewed beverage is deposited. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to THAO TRAN-LE whose telephone number is (571) 272-7535. The examiner can normally be reached M-F 9:00 - 5:00 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, HELENA KOSANOVIC can be reached on (571) 272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /THAO UYEN TRAN-LE/Examiner, Art Unit 3761 03/07/2026 /HELENA KOSANOVIC/Supervisory Patent Examiner, Art Unit 3761
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Prosecution Timeline

Dec 29, 2022
Application Filed
Sep 30, 2025
Non-Final Rejection — §103, §112
Dec 01, 2025
Response Filed
Mar 07, 2026
Final Rejection — §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
36%
Grant Probability
76%
With Interview (+40.5%)
4y 3m
Median Time to Grant
Moderate
PTA Risk
Based on 107 resolved cases by this examiner. Grant probability derived from career allow rate.

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