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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-4 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors.
The claims do not specifically state what the coffee maker “comprises” or “consists of”. The claims narrate the construction of the coffee maker rather than specifically claiming each and every element of the device.
The element “gears” is not ambiguous. However, it is not clearly recited. It is suggested to claim the coffee maker comprises “a pair of rotatable levers” and “each of the pair of rotatable levers comprises a gear formed…”
Claim 1 recites the limitation "the heads" in line 8. There is insufficient antecedent basis for this limitation in the claim. It is not clear if applicant is referring the “curved heads” in line 5.
The curved heads limitation is also not properly claimed. It should be specifically stated that each of the rotatable levers comprises a curved head. The number of curved heads should also be specifically claimed.
Claim 1 recites the limitation "upper portions" in line 5. There is insufficient antecedent basis for this limitation in the claim. It is not inherent the levers would have an upper portion.
Claim 1 recites the limitation "lower portions" in line 5. There is insufficient antecedent basis for this limitation in the claim. It is not inherent the heads would have a lower portion.
Applicant should specifically claim upper and lower portions of an element before referring to it. “each of the pair of lever comprises and upper and lower portion”.
In claim 2, applicant recites an inner wall of a housing, before reciting “a housing”.
It is also not clear where the housing is located or which part comprises the housing as “[element] comprises a housing” is not recited.
Claim 2 recites: “vertical movement…ascending and descending movement thereof.” It is not clear the connecting rods and movable part are capable of this type of movement as it is not properly recited.
Claim 3 recites the limitation "openings" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "openings" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "openings" in line 5. There is insufficient antecedent basis for this limitation in the claim.
The multiple recitations of “openings” is unclear. Each recitation is written as though “openings” has been previously recited. It is suggested to claim which part “comprises a plurality of openings” and use “first plurality of openings”, “second plurality of openings”, etc. or another way to distinguish which openings are being referred to.
Claim 3 recites “rims of the gears”. This recitation is written as though “rims” are an inherent part of the gears. It is not apparent that the gears would include “rims” or if those rims would have an inside. It is suggested to recites “wherein the gears comprise rims having an inside portion”, before reciting the rims.
Claim 3 recites “bushes”, however this is not a term known in the English art and the structure is not recited in the specification. However, given the structure of the device, it appears applicant is referring to a “bushing”. If the term “bushes” were changed to “bushing” it would not be considered new matter.
Given the ambiguity of the openings, it is not clear, based on the claim language which openings the “bushes” would be installed in.
Regarding claim 4, “a cup coupling part” is not properly claimed. It is not clear which element the cup coupling part is a part of. The structure of the cup coupling part is ambiguous, based on the claim language and it is not clear how it is “configured”.
Claim 4 recites the limitation "a rim" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. “A rim” is already claimed in claim 3.
Claim 4 recites the limitation "openings" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 101703818), as cited by applicant with references made to attached machine translation, in view of Kim (US 2020/0237135).
Regarding claim 1, Kim ‘818 discloses, A coffee maker (See Figs 1 and 2), wherein:
a pair of rotatable levers extend on both sides of the coffee maker (rotatable levers 151 are extended on both sides of the coffee maker, or espresso machine 100), and gears are formed at top ends of the rotatable levers and engage with each other (gears 151a are formed at the top of the levers and engage with each other allowing the lever units to operate in conjunction, See Paragraph [0045]);
curved heads are mounted on upper portions of the rotatable levers (the link connection portions 152 are considered the curved heads as they are shown as being curved and mounted on upper portions of the levers, See Figs 1-3 and Paragraph [0043], [0046]), respectively;
a pair of connecting rods extend downward from opposite sides of lower portions of the heads and are coupled to a movable part (Fig 2 shows the links 153 extending down from the link connection portion 152 and coupled to a movable part, piston 130, See Paragraphs [0042]-[0047]), the pair of connecting rods are inclined to converge toward a center of the coffee maker in a downward direction, and a separation distance between opposite side surfaces of lower ends of the connecting rods is 1 cm or less (Figs 2 and 3 show the connecting links 153 being inclined to converge in the center of a coffee maker in a downward direction, the separation distance is zero, less than 1 cm, as the links 153 are attached together at the piston body 131);
Kim ‘818 fails to disclose, each of the connecting rods includes a double bar in which a first connecting rod member and a second connecting rod member having a same structure are coupled to each other at a predetermined interval.
Kim ‘713 discloses, a coffee maker having a pair of rotatable levers extend on both sides of the coffee maker (rotatable levers 10A and 10B are extended on both sides of the coffee maker 1), and gears are formed at top ends of the rotatable levers and engage with each other (gears from cam part 104, with teeth 108 are formed at the top of the levers and engage with each other allowing the lever units to operate in conjunction, See Figs 3 and 4)
curved heads are mounted on upper portions of the rotatable levers (the bodies 102 are considered the curved heads as they are shown as being curved and mounted on upper portions of the levers, See Figs 1-4)
a pair of connecting rods extend downward from opposite sides of lower portions of the heads and are coupled to a movable part (Figs 4-5 show the connecting rods coupled to a movable part, pressing portion 132, the pair of connecting rods are inclined to converge toward a center of the coffee maker in a downward direction,
The connecting rods in Kim ‘713 each have a double bar formed from first link 112, second like 114 and third link 116. Each of the first link 112 and the third link 116 are vertically bent downward, thus having the same structure. The links are coupled to each other at a predetermined interval as the coupling does not move and is not random. (See Abstract and Paragraph [0032])
It would have been obvious to a person having ordinary skill in the art at the time of the invention, to adapt Kim ‘818, in view of Kim ‘713 to provide each of the connecting rods includes a double bar in which a first connecting rod member and a second connecting rod member having a same structure are coupled to each other at a predetermined interval for allowing a stronger pressing force to be applied and the force is more uniformly transferred to the pressing portion, as described in the Abstract of Kim ‘713.
Claim(s) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 101703818) in view of Kim (US 2020/0237135) and Dionisio et al (US 2018/0192811).
The teachings of Kim have been discussed above. Figs 1-4 of Kim show, the movable part (131) includes a compression part (piston unit 130) configured to constitute a lower portion and a vertical part configured to be erected upright from the compression part, (Fig 3 shows the piston having multiple parts, one being an upper and the other being a lower part).
Kim also discloses a seal 133, but fails to disclose a wear-resistant members are mounted on both sides of the vertical part, and the wear-resistant members are made of Teflon material, so that they can prevent abrasion with an inner wall of a housing constituting an appearance of the coffee maker during vertical movement of the movable part and reduce frictional force to accurately guide the connecting rods and the movable part through ascending and descending movement thereof.
Dionisio discloses, a compression piston 2 for a coffee maker which is compressed by an articulating lever with gears (See Figs 1-2). The vertical part of the piston, as shown in Fig 5, has sealing members 22 which contact the inner wall of a housing as shown in Fig 5. These would perform the function of preventing abrasion with an inner wall of a housing constituting an appearance of the coffee maker during vertical movement of the movable part and reduce frictional force to accurately guide the connecting rods and the movable part through ascending and descending movement thereof. (See Paragraphs [0075], [0079], [0097])
It would have been obvious to a person having ordinary skill in the art at the time of the invention, to adapt Kim ‘818 in view of Dionisio to provide wear-resistant members are mounted on both sides of the vertical part, and the wear-resistant members are made of Teflon material for preventing leakage while also allowing for sliding of the piston while reducing wear. And, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Regearing claim 3, Kim ‘818 shows openings inside the rims of the gears and appear to contain a bushing.
Kim ‘135, Fig 8, clearly shows bushings installed in the openings of the rims of the gears 106.
It would have been obvious to a person having ordinary skill in the art at the time of the invention, to adapt Kim ‘818 in view of Kim ‘135 to provide the openings and bushings as the reason for using a bushing is inherent as the only reason one would use a bushing is for reducing friction and mechanical wear of parts.
Regarding claim 4, Figs 1-3 of Kim ‘818 shows a cup coupling part as the coffee maker is attached to tumbler 170 via filter 140. Screen 160 and holes 132a, in a rim portion, provides openings for allowing high pressure discharge. (See Paragraph [0057] and [0059])
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hilckmann et al (US 2020/0093316) discloses a double bar connecting rod, See Figs 1- 5, in a lever for a coffee maker.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN W JENNISON whose telephone number is (571)270-5930. The examiner can normally be reached M-Th 9-5.
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, Ibrahime Abraham can be reached at 571-270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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.
/BRIAN W JENNISON/Primary Examiner, Art Unit 3761 1/9/2026