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 Arguments
Applicant’s arguments, see remarks, filed 06/30/2026, with respect to claims 2, 10, and 19 have been fully considered and are persuasive. The objection of claims 2, 10, and 19 has been withdrawn.
Applicant’s arguments, see remarks, filed 06/30/2026, with respect to claims 5-6 and 13-14 have been fully considered and are persuasive. The 35 U.S.C. 112(b) of claims 5-6 and 13-14 has been withdrawn.
Applicant's arguments filed 06/30/2026 have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the need for the storage area and reservoir area to not be slidably independent from each other.) 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).
Furthermore the applicant states:
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The examiner respectfully disagrees, Cahen in Fig. 23 there is a clear separation of the storage tray 234 and the drip tray 210, for another view of the separation see ¶0064 and figure 24 element 241.
Applicant further argues that:
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The examiner respectfully disagrees, the examiner would direct the applicant to the combination of Cahen in view of Con, the storage area was defined by Con, element 234, whereas the rejection of claim 6 merely shows that the storage area of con can move as far back as the rear area 53 of Cahen.
Applicant further argues that Patton’s 120 is not a storage area, the examiner respectfully disagrees. In response to applicant's arguments that that Patton’s 120 is not a storage area failed to disclose individually, or suggest in combination, the element 120 of Patton is capable of holding the portafilter while not being used,, the applicant is advised that it has been held that the recitation that an element is “capable of” performing a function is not a positive limitation, but only requires the ability to so perform. It does not constitute a limitation in any patentable sense. In re Hutchison, 69 USPQ 138.
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.
Claims 1-3, 5-6, 8-11, and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over US 20070000944 A1 – Cahen in view US 20110283889 A1 – Con.
Regarding claim 1, Cahen is directed towards a beverage machine. Cahen does teach a base defining a cavity having an open side (Figure 1, element 2 (base) and figure 2 shows the withing the base for the drip tray.), and a dispensing portion supported on the base and defining a beverage outlet location suspended above the base ([0022] The extraction housing 20 terminates at its bottom end by a beverage (coffee) outlet 22 in the form of a collector and a funneling portion of tube. The outlet 22 can be configured with particular means to break the energy of the beverage coming out of the extraction module and/or for conditioning the foam and/or for reducing splashing.), a drip tray body defining a perimeter side wall ([0052] extending wall 52.), and the drip tray body being partially received within the cavity of the base through the open side thereof with the storage area positioned within the cavity and at least a portion of the reservoir area being positioned outside the cavity underlying the beverage outlet location (Figure 6, a main reservoir 51 (outside of cavity), a rear reservoir extension 53 (inside cavity)).
Cahen does not expressly teach an interior wall separating an interior of the tray body within the perimeter side wall into a reservoir area and a storage area.
Con is directed towards an espresso machine. Con does teach an interior wall separating an interior of the tray body within the perimeter side wall into a reservoir area and a storage area (Figure 23, 234 (storage tray), 210 (drip tray)).
It would have been obvious to one of ordinary skill in the art before effective filing date of the invention to an interior wall separating an interior of the tray body within the perimeter side wall into a reservoir area and a storage area by Con in the system of Cahen, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Person having ordinary skill in the art (PHOSITA) would have understood that an interior wall separating an interior of the tray body within the perimeter side wall into a reservoir area and a storage area of Con could be predictably used in a variety of systems, including the well-known system of Cahen in a manner which would have predictably allow for an extra area to store materials. Moreover, there is no indication in the instant application that any special steps or devices were devised or that any surprising results were derived from simply using an interior wall separating an interior of the tray body within the perimeter side wall into a reservoir area and a storage area of Con with the well-known system of Cahen.
Regarding claim 2, Cahen and Con does teach the limitations of claim 1. Cahen does teach a grate positioned over a portion of the reservoir area and supported on the perimeter side wall of the drip tray body ([0054] FIGS. 4 and 5 shows a detail of the upper support grid 7.).
Regarding claim 3, Cahen and Con does teach the limitations of claim 2. Cahen does teach the drip tray body, and the grate are included in a drip tray assembly configured for selectively assembly with the housing as a unit (Figure 2 shows the grate and drip tray going into the base).
Regarding claim 5, Cahen and Con does teach the limitations of claim 1. Cahen does teach the drip tray body defines a forward portion and a rear extension, the rear extension being receivable within the cavity and the forward portion extending substantially flush with a profile of the base when the drip tray body is partially received within the cavity (Figure 6, a main reservoir 51 (outside of cavity), a rear reservoir extension 53 (inside cavity)).
Regarding claim 6, Cahen and Con does teach the limitations of claim 5. Cahen does teach the storage area is positioned within the rear extension. (Figure 6, a rear reservoir extension 53 (inside cavity))
Regarding claim 8, Cahen does teach a base defining a cavity having an open side (Figure 1, element 2 (base) and figure 2 shows the withing the base for the drip tray.), and a dispensing portion supported on the base and defining a beverage outlet location suspended above the base ([0022] The extraction housing 20 terminates at its bottom end by a beverage (coffee) outlet 22 in the form of a collector and a funneling portion of tube. The outlet 22 can be configured with particular means to break the energy of the beverage coming out of the extraction module and/or for conditioning the foam and/or for reducing splashing.), and a drip tray body defining a perimeter side wall ([0052] extending wall 52.), and the drip tray body being partially received within the cavity of the base through the open side thereof with the storage area positioned within the cavity and a remaining portion of the drip tray body positioned beneath the dispensing portion underlying the beverage outlet location (Figure 6, a main reservoir 51 (outside of cavity), a rear reservoir extension 53 (inside cavity)).
Cahen does not expressly teach an interior wall separating an interior of the tray body within the perimeter side wall into a reservoir area and a storage area.
Con is directed towards an espresso machine. Con does teach an interior wall separating an interior of the tray body within the perimeter side wall into a reservoir area and a storage area (Figure 23, 234 (storage tray), 210 (drip tray)).
It would have been obvious to one of ordinary skill in the art before effective filing date of the invention to an interior wall separating an interior of the tray body within the perimeter side wall into a reservoir area and a storage area by Con in the system of Cahen, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Person having ordinary skill in the art (PHOSITA) would have understood that an interior wall separating an interior of the tray body within the perimeter side wall into a reservoir area and a storage area of Con could be predictably used in a variety of systems, including the well-known system of Cahen in a manner which would have predictably allow for an extra area to store materials. Moreover, there is no indication in the instant application that any special steps or devices were devised or that any surprising results were derived from simply using an interior wall separating an interior of the tray body within the perimeter side wall into a reservoir area and a storage area of Con with the well-known system of Cahen.
Regarding claim 9, Cahen and Con does teach the limitations of claim 8. Cahen does not expressly teach the interior wall separates a reservoir area from the storage area within an interior of the tray body, at least a portion of the reservoir area being positioned outside the cavity underlying the beverage outlet location.
Con does teach the interior wall separates a reservoir area from the storage area within an interior of the tray body, at least a portion of the reservoir area being positioned outside the cavity underlying the beverage outlet location (Figure 23, 234 (storage tray), 210 (drip tray)).
It would have been obvious to one of ordinary skill in the art before effective filing date of the invention to the interior wall separates a reservoir area from the storage area within an interior of the tray body, at least a portion of the reservoir area being positioned outside the cavity underlying the beverage outlet location by Con in the system of Cahen, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Person having ordinary skill in the art (PHOSITA) would have understood that the interior wall separates a reservoir area from the storage area within an interior of the tray body, at least a portion of the reservoir area being positioned outside the cavity underlying the beverage outlet location of Con could be predictably used in a variety of systems, including the well-known system of Cahen in a manner which would have predictably allow the user to access the storage easily. Moreover, there is no indication in the instant application that any special steps or devices were devised or that any surprising results were derived from simply using the interior wall separates a reservoir area from the storage area within an interior of the tray body, at least a portion of the reservoir area being positioned outside the cavity underlying the beverage outlet location of Con with the well-known system of Cahen.
Regarding claim 10, Cahen and Con does teach the limitations of claim 9. Cahen does teach a great positioned over a portion of the reservoir area and supported on the perimeter side wall of the drip tray body. ([0054] FIGS. 4 and 5 shows a detail of the upper support grid 7.)
Regarding claim 11, Cahen and Con does teach the limitations of claim 10. Cahen does teach the drip tray body, and the grate are included in a drip tray assembly configured for selectively assembly with the housing as a unit (Figure 2 shows the grate and drip tray going into the base).
Regarding claim 13, Cahen and Con does teach the limitations of claim 8. Cahen does teach the drip tray body defines a forward portion and a rear extension, the rear extension being receivable within the cavity and the forward portion extending substantially flush with a profile of the base when the drip tray body is partially received within the cavity.(Figure 6, a main reservoir 51 (outside of cavity), a rear reservoir extension 53 (inside cavity))
Regarding claim 14, Cahen and Con does teach the limitations of claim 13. Cahen does not expressly teach the storage area is positioned within the rear extension.
Con does teach the storage area is positioned within the rear extension (Figure 23, 234 (storage tray), 210 (drip tray) and figure 24 shows the storage tray being about to be slid to the back.).
It would have been obvious to one of ordinary skill in the art before effective filing date of the invention to the storage area is positioned within the rear extension by Con in the system of Cahen, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Person having ordinary skill in the art (PHOSITA) would have understood that the storage area is positioned within the rear extension of Con could be predictably used in a variety of systems, including the well-known system of Cahen in a manner which would have predictably have the ability to hide the storage tray. Moreover, there is no indication in the instant application that any special steps or devices were devised or that any surprising results were derived from simply using the storage area is positioned within the rear extension of Con with the well-known system of Cahen.
Claims 4 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over US 20070000944 A1 – Cahen and US 20110283889 A1 - Con as applied to claims 3 and 11 above, and further in view of US 20240245255 A1 - Harrod.
Regarding claim 4, Cahen and Con does teach the limitations of claim 3. Cahen and Con does not expressly teach the drip tray assembly further includes a fluid level indicator received within the reservoir area of the drip tray body and configured to partially extend through an aperture in the grate.
Harrod is directed towards a coffee machine. Harrod does teach the drip tray assembly further includes a fluid level indicator received within the reservoir area of the drip tray body and configured to partially extend through an aperture in the grate. ([0180] FIG. 19 shows the liquid level 90 at which the visual indicator 40 will extend through the support surface aperture 32 to a maximum extent.).
It would have been obvious to one of ordinary skill in the art before effective filing date of the invention to the drip tray assembly further includes a fluid level indicator received within the reservoir area of the drip tray body and configured to partially extend through an aperture in the grate by Harrod in the system of Cahen and Con, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Person having ordinary skill in the art (PHOSITA) would have understood that the drip tray assembly further includes a fluid level indicator received within the reservoir area of the drip tray body and configured to partially extend through an aperture in the grate of Harrod could be predictably used in a variety of systems, including the well-known system of Cahen and Con in a manner which would have predictably in order to know when the drip tray is full. Moreover, there is no indication in the instant application that any special steps or devices were devised or that any surprising results were derived from simply using the drip tray assembly further includes a fluid level indicator received within the reservoir area of the drip tray body and configured to partially extend through an aperture in the grate of Harrod with the well-known system of Cahen and Con.
Regarding claim 12, Cahen and Con does teach the limitations of claim 11. Cahen and Con does not expressly teach the drip tray assembly further includes a fluid level indicator received within the reservoir area of the drip tray body and configured to partially extend through an aperture in the grate.
Harrod is directed towards an coffee machine. Harrod does teach the drip tray assembly further includes a fluid level indicator received within the reservoir area of the drip tray body and configured to partially extend through an aperture in the grate. ([0180] FIG. 19 shows the liquid level 90 at which the visual indicator 40 will extend through the support surface aperture 32 to a maximum extent.).
It would have been obvious to one of ordinary skill in the art before effective filing date of the invention to the drip tray assembly further includes a fluid level indicator received within the reservoir area of the drip tray body and configured to partially extend through an aperture in the grate by Harrod in the system of Cahen and Con, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Person having ordinary skill in the art (PHOSITA) would have understood that the drip tray assembly further includes a fluid level indicator received within the reservoir area of the drip tray body and configured to partially extend through an aperture in the grate of Harrod could be predictably used in a variety of systems, including the well-known system of Cahen and Con in a manner which would have predictably in order to know when the drip tray is full. Moreover, there is no indication in the instant application that any special steps or devices were devised or that any surprising results were derived from simply using the drip tray assembly further includes a fluid level indicator received within the reservoir area of the drip tray body and configured to partially extend through an aperture in the grate of Harrod with the well-known system of Cahen and Con.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over US 20070000944 A1 – Cahen and US 20110283889 A1 - Con as applied to claim 1 above, and further in view of US 20180161823 A1 - Patton.
Regarding claim 7, Cahen and Con does teach the limitations of claim 1. Cahen does not expressly teach the dispensing portion of the housing is configured to receive a portafilter holder in a supported arrangement with respect to the base such that an outlet of the portafilter holder is positioned within the beverage outlet location and the storage area of the drip tray body is sized to receive a portafilter basket therein.
Con does teach the dispensing portion of the housing is configured to receive a portafilter holder in a supported arrangement with respect to the base such that an outlet of the portafilter holder is positioned within the beverage outlet location (Figure 1, [0048] As shown in FIG. 3, the portafilter 30).
It would have been obvious to one of ordinary skill in the art before effective filing date of the invention to the dispensing portion of the housing is configured to receive a portafilter holder in a supported arrangement with respect to the base such that an outlet of the portafilter holder is positioned within the beverage outlet location by Con in the system of Cahen, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Person having ordinary skill in the art (PHOSITA) would have understood that the dispensing portion of the housing is configured to receive a portafilter holder in a supported arrangement with respect to the base such that an outlet of the portafilter holder is positioned within the beverage outlet location of Con could be predictably used in a variety of systems, including the well-known system of Cahen in a manner which would have predictably in order to make coffee from grinds. Moreover, there is no indication in the instant application that any special steps or devices were devised or that any surprising results were derived from simply using the dispensing portion of the housing is configured to receive a portafilter holder in a supported arrangement with respect to the base such that an outlet of the portafilter holder is positioned within the beverage outlet location of Con with the well-known system of Cahen.
Patton is directed toward an removal of a portafilter. Patton does teach the storage area of the drip tray body is sized to receive a portafilter basket therein. ([0040] With reference to FIGS. 6-11, the portafilter receiver 120).
It would have been obvious to one of ordinary skill in the art before effective filing date of the invention to the storage area of the drip tray body is sized to receive a portafilter basket therein by Patton in the system of Cahen and Con, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Person having ordinary skill in the art (PHOSITA) would have understood that the storage area of the drip tray body is sized to receive a portafilter basket therein of Patton could be predictably used in a variety of systems, including the well-known system of Cahen and Con in a manner which would have predictably be able to hold a portafilter when not in direct use. Moreover, there is no indication in the instant application that any special steps or devices were devised or that any surprising results were derived from simply using the storage area of the drip tray body is sized to receive a portafilter basket therein of Patton with the well-known system of Cahen and Con.
Claims 15-16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 20070000944 A1 – Cahen in view US 20110283889 A1 – Con and US 20180161823 A1 - Patton.
Regarding claim 15, Cahen does teach a base defining a cavity having an open side (Figure 1, element 2 (base) and figure 2 shows the withing the base for the drip tray.), and a dispensing portion supported on the base and defining a beverage outlet location suspended above the base ([0022] The extraction housing 20 terminates at its bottom end by a beverage (coffee) outlet 22 in the form of a collector and a funneling portion of tube. The outlet 22 can be configured with particular means to break the energy of the beverage coming out of the extraction module and/or for conditioning the foam and/or for reducing splashing.), and a drip tray body defining a perimeter side wall ([0052] extending wall 52.), the drip tray body being partially received within the cavity of the base through the open side thereof with the storage area positioned within the cavity and a remaining portion of the drip tray body positioned beneath the dispensing portion so as to underlie the beverage outlet location (Figure 6, a main reservoir 51 (outside of cavity), a rear reservoir extension 53 (inside cavity)).
Cahen does not expressly teach a portafilter holder selectively couplable with the dispensing portion of the housing in a supported arrangement with respect to the base with an outlet of the portafilter holder that is positioned within the beverage outlet location and an interior wall defining a storage area within a portion of the drip tray body and the storage area being sized to receive a portafilter basket alternately receivable in the portafilter holder.
Con does teach a portafilter holder selectively couplable with the dispensing portion of the housing in a supported arrangement with respect to the base with an outlet of the portafilter holder that is positioned within the beverage outlet location (Figure 1, the group head or brew head 15.)
It would have been obvious to one of ordinary skill in the art before effective filing date of the invention to the dispensing portion of the housing is configured to receive a portafilter holder in a supported arrangement with respect to the base such that an outlet of the portafilter holder is positioned within the beverage outlet location by Con in the system of Cahen, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Person having ordinary skill in the art (PHOSITA) would have understood that the dispensing portion of the housing is configured to receive a portafilter holder in a supported arrangement with respect to the base such that an outlet of the portafilter holder is positioned within the beverage outlet location of Con could be predictably used in a variety of systems, including the well-known system of Cahen in a manner which would have predictably in order to make coffee from grinds. Moreover, there is no indication in the instant application that any special steps or devices were devised or that any surprising results were derived from simply using the dispensing portion of the housing is configured to receive a portafilter holder in a supported arrangement with respect to the base such that an outlet of the portafilter holder is positioned within the beverage outlet location of Con with the well-known system of Cahen.
Con also teaches an interior wall defining a storage area within a portion of the drip tray body. (Figure 23, 234 (storage tray), 210 (drip tray))
It would have been obvious to one of ordinary skill in the art before effective filing date of the invention to an interior wall separating an interior of the tray body within the perimeter side wall into a reservoir area and a storage area by Con in the system of Cahen, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Person having ordinary skill in the art (PHOSITA) would have understood that an interior wall separating an interior of the tray body within the perimeter side wall into a reservoir area and a storage area of Con could be predictably used in a variety of systems, including the well-known system of Cahen in a manner which would have predictably allow for an extra area to store materials. Moreover, there is no indication in the instant application that any special steps or devices were devised or that any surprising results were derived from simply using an interior wall separating an interior of the tray body within the perimeter side wall into a reservoir area and a storage area of Con with the well-known system of Cahen.
Patton does teach the storage area of the drip tray body is sized to receive a portafilter basket therein. ([0040] With reference to FIGS. 6-11, the portafilter receiver 120).
It would have been obvious to one of ordinary skill in the art before effective filing date of the invention to the storage area of the drip tray body is sized to receive a portafilter basket therein by Patton in the system of Cahen and Con, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Person having ordinary skill in the art (PHOSITA) would have understood that the storage area of the drip tray body is sized to receive a portafilter basket therein of Patton could be predictably used in a variety of systems, including the well-known system of Cahen and Con in a manner which would have predictably be able to hold a portafilter when not in direct use. Moreover, there is no indication in the instant application that any special steps or devices were devised or that any surprising results were derived from simply using the storage area of the drip tray body is sized to receive a portafilter basket therein of Patton with the well-known system of Cahen and Con.
Regarding claim 16, Cahen, Con, and Patton does teach the limitations of claim 15. Cahen and Patton does not expressly teach including first and second portafilter baskets, each being alternately receivable in a respective one of the storage area and the portafilter holder.
Con does teach first and second portafilter baskets, each being alternately receivable in a respective one of the storage area and the portafilter holder. ([0043] a portafilter support cradle 14 that is located below an internal coffee grinder and the group head or brew head 15, it can be seen in figure 1, that there are two different holders for portafilters.)
It would have been obvious to one of ordinary skill in the art before effective filing date of the invention to first and second portafilter baskets, each being alternately receivable in a respective one of the storage area and the portafilter holder by Con in the system of Cahen, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Person having ordinary skill in the art (PHOSITA) would have understood that the first and second portafilter baskets, each being alternately receivable in a respective one of the storage area and the portafilter holder of Con could be predictably used in a variety of systems, including the well-known system of Cahen in a manner which would have predictably allow the unit to brew using the first portafilter when having a second one ready for the brewing process. Moreover, there is no indication in the instant application that any special steps or devices were devised or that any surprising results were derived from simply using the first and second portafilter baskets, each being alternately receivable in a respective one of the storage area and the portafilter holder of Con with the well-known system of Cahen.
Regarding claim 18, Cahen, Con, and Patton does teach the limitations of claim 15. Cahen does teach at least a portion of the reservoir area being positioned outside the cavity underlying the beverage outlet location (Figure 6, a main reservoir 51 (outside of cavity), a rear reservoir extension 53 (inside cavity)).
Con does teach the interior wall separates a reservoir area from the storage area within an interior of the tray body (Figure 23, 234 (storage tray), 210 (drip tray)).
It would have been obvious to one of ordinary skill in the art before effective filing date of the invention to an interior wall separating an interior of the tray body within the perimeter side wall into a reservoir area and a storage area by Con in the system of Cahen, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Person having ordinary skill in the art (PHOSITA) would have understood that an interior wall separating an interior of the tray body within the perimeter side wall into a reservoir area and a storage area of Con could be predictably used in a variety of systems, including the well-known system of Cahen in a manner which would have predictably allow for an extra area to store materials. Moreover, there is no indication in the instant application that any special steps or devices were devised or that any surprising results were derived from simply using an interior wall separating an interior of the tray body within the perimeter side wall into a reservoir area and a storage area of Con with the well-known system of Cahen.
Regarding claim 19, Cahen, Con, and Patton does teach the limitations of claim 18. Cahen does teach a grate positionable over a portion of the reservoir area and supported on the perimeter side wall of the drip tray body. ([0054] FIGS. 4 and 5 shows a detail of the upper support grid 7.)
Regarding claim 20, Cahen, Con, and Patton does teach the limitations of claim 19. Cahen does teach the drip tray body and the grate are included in a drip tray assembly configured for selectively assembly with the housing as a unit (Figure 2 shows the grate and drip tray going into the base).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over US 20070000944 A1 – Cahen, US 20110283889 A1 – Con, and US 20180161823 A1 - Patton as applied to claim 16 above, and further in view of US 20160242590 A1 - Grassia.
Regarding claim 17, Cahen, Con, and Patton does teach the limitations of claim 19. Cahen, Con, and Patton does not expressly teach the first and second portafilter baskets vary with at least one of an interior volume or a dispensing configuration.
Grassia is directed towards an adjustable portafilter. Grassia does teach first and second portafilter baskets vary with at least one of an interior volume or a dispensing configuration ([0028] FIG. 1 is a perspective view of a portafilter having a variable volume compartment).
It would have been obvious to one of ordinary skill in the art before effective filing date of the invention to the first and second portafilter baskets vary with at least one of an interior volume or a dispensing configuration by Grassia in the system of Cahen, Con, and Patton, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Person having ordinary skill in the art (PHOSITA) would have understood that the first and second portafilter baskets vary with at least one of an interior volume or a dispensing configuration. of Grassia could be predictably used in a variety of systems, including the well-known system of Cahen, Con, and Patton in a manner which would have predictably change the volume of each portafilter as needed. Moreover, there is no indication in the instant application that any special steps or devices were devised or that any surprising results were derived from simply using the first and second portafilter baskets vary with at least one of an interior volume or a dispensing configuration. of Grassia with the well-known system of Cahen, Con, and Patton.
Conclusion
THIS ACTION IS MADE FINAL. 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 KEITH BRIAN ASSANTE whose telephone number is (571)272-5853. The examiner can normally be reached M-F 7:30 am - 4:30 pm EST.
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/KEITH BRIAN ASSANTE/Examiner, Art Unit 3761
/JUSTIN C DODSON/Primary Examiner, Art Unit 3761
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