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
The amendment filed July 21st, 2026 has been entered. Applicant’s amendments overcome the previously set-forth objections to the specification and drawings and the rejections under 35 U.S.C. 112(b), regarding claims 10-11 and 16 (and 12-15, 17-18 by dependence). As such, the drawing and specification objections and the 35 U.S.C. 112(b) rejections are withdrawn.
Response to Arguments
Applicant's arguments filed on July 21st, 2026 have been fully considered but they are not persuasive. The following response makes reference to the disclosures of Gilles (EP 2476352 A1), Zhao (US 2022/0183500 A1), Smith (US 2022/0338665 A1), Romandy (US 2020/0129001 A1), and Marlette (US 5836169 A). For citations of specific elements of these disclosures, please see the associated 35 U.S.C. 103 rejections.
Regarding claim 1, in response to Applicant's argument that the design considerations necessary for changing the position of the control pad have been oversimplified, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Moreover, the Applicant asserts that the selector 45 operates on purely mechanical means, based solely on its illustration in Fig. 2 disclosed by Gilles, and thus, selector valve 42 would need to be move along with selector 45 in any modification. However, Fig. 2 of Gilles does not expressly detail any mechanical means or mode of operation of selector valve 45, nor does the written description of the invention of Gilles. Regardless of the electrical or mechanical implementation of the selector 45 and valve 42, one of ordinary skill in the art would have the knowledge necessary to transfer the components of the control pad (namely the selector 45, the power button 51, and the start button 52) to the front of the housing of the machine. Further, Applicant asserts that there is very little space left on the front of the housing due to the movement of the second brew basket. However, it can be seen in Fig. 3, that there are stationary components on the front of the housing above the second brew basket which could provide sufficient space for the buttons and selector shown in this figure. Nonetheless, as stated above, the test for obviousness in this case is what the combined teachings would have suggested to one of ordinary skill in the art, not for providing details on the bodily incorporation of said teachings.
The Examiner acknowledges that the amendment to claim 1 regarding the relative positioning of the first and second brew baskets overcomes the 35 U.S.C. 103 rejection over Gilles in view of Zhao. However, upon further consideration, a new grounds of rejection is made in view of Smith. Please see underlined portions of the 35 U.S.C. 103 rejection of claim 1 below.
Regarding claim 11, the Examiner acknowledges that the amendment to claim 11 regarding the relative positioning of the first and second brew baskets overcomes the 35 U.S.C. 103 rejection over Gilles in view of Zhao. However, upon further consideration, a new grounds of rejection is made in view of Smith. Please see underlined portions of the 35 U.S.C. 103 rejection of claim 11 below.
Regarding claim 16, the Examiner acknowledges that the amendment to claim 16 regarding the access position of the second brew basket overcomes the 35 U.S.C. 102 rejection over Gilles. However, upon further consideration, a new grounds of rejection is made in view of Romandy. Please see underlined portions of the 35 U.S.C. 103 rejection of claim 16 below.
Regarding claim 19, the Applicant argues that the window taught by Marlette is not accessible in the direction as claimed in claim 19. Rather, as argued by the Applicant, the disclosure of Marlette teaches a front-facing window. However, claim 19, as written, does not specify that the window must be accessible on the front or side of the housing. Instead, claim 19 clearly defines longitudinal and lateral axes. Specifically, the horizontal longitudinal axis, as defined in claim 19, “extends through the first receptacle platform and the second receptacle platform” and the horizontal lateral axis “is perpendicular to the longitudinal axis.” Applicant states that “the relevant distinction in claim 19 is not that the window provides access to the second receptacle platform along an axis labeled “lateral” but that the window provides such access on what is functionally the side of the machine rather than the front.” However, this is a direct contradiction to the claim language, which states that “a window is present in the housing that provides access to the second receptacle platform for the insertion and removal of a receptacle along the lateral axis” wherein the lateral axis is defined above. As shown in Annotated Figure 5 (see 35 U.S.C. 103 rejection of claim 19), Marlette clearly meets the criteria of the directionality of the window, as defined in claim 19.
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.
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Annotated Figure 1. Figs. 1 and 2 disclosed by Gilles, annotated to show claimed elements.
Claims 1-6, and 8-15 are rejected under 35 U.S.C. 103 as being unpatentable over Gilles (EP 2476352 A1) in view of Zhao (US 2022/0183500 A1) and Smith (US 2022/0338665 A1).
Regarding claim 1, Gilles discloses a multi-functional beverage-making machine (Figs. 1-5, “Dual-chamber machine for preparing beverages” [title]; see Annotated Figure 1), comprising:
a housing (Figs. 1, 5 “frame 1” [0025]), the housing defining a first serving station (parts pertaining to “percolation” refer to the first serving station [0027]) and a second serving station (parts pertaining to “infusion” refer to the second serving station [0026]), and
a control pad (Figs. 1-5, “selector 45” [0031]);
wherein the first serving station includes a first dispensing inlet (Fig. 2, “inlet 20” [0027]), a first brew basket (Fig. 2, “percolation chamber 15” [0027]), a first dispensing outlet (Fig. 2, “outlet 21” [0027]), and a first receptacle platform (Figs, 1, 2, 5, “platform 55” [0035]); and
wherein the second serving station includes a second dispensing inlet (Fig. 2, “water inlet mouth 9” [0026]), a second brew basket (Fig. 2, “infusion chamber 2” [0026]), a second dispensing outlet (Fig. 2, “infusion outlet 6” [0026]), and a second receptacle platform (Fig. 2, “heating plate 37” [0029]),
wherein the beverage-making machine further comprises: a water reservoir (Figs. 1-5, “reservoir 30” [0029]);
a pump fluidly connected with the water reservoir (Fig. 2, “pump 40” [0030]);
a heating unit (Fig. 2, “heating means 33” consisting of a “heating element 36” [0029]);
a three-way fluid diverting unit fluidly connected with the pump, the first dispensing inlet, and the second dispensing inlet (Fig. 2, “selection valve 42” [0031]); and
a controller operatively connected with the control pad, the pump, the heating unit, and the three-way fluid diverting unit (Fig. 3, “control means 50” described to start the heating means 33 and pump 40, and control the selection valve 42, according to the position indicated on the selector 45 [0031, 0034-0036]).
Gilles does not expressly disclose that the control pad is mounted on a front surface of the housing.
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Annotated Figure 2. Fig. 1 disclosed by Zhao, annotated to show serving stations and control pad.
Zhao discloses a multi-functional beverage-making machine (Fig. 1, “multi-functional coffeemaker 10” [0037]; see Annotated Figure 2), comprising a housing (Fig. 1, “housing 20” [0037]), the housing defining a first serving station (Fig. 1, “small serving station 14” [0037]), a second serving station (Fig. 1, “large serving station 12” [0037]), and a control pad mounted on the front surface of the housing (Fig. 1 shows “control panel 202” mounted on the front surface of the housing 20; see also [0037]).
It would have been prima facie obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to change the positioning of the control pad disclosed by Gilles, located on the top of the machine to the positioning of the control pad disclosed by Zhao, located on the front of the machine. Zhao states that “The user then depresses one of the buttons on the control panel 202 to initiate brewing.” This action, of course, is easiest when the control pad is most accessible to the user, motivating a person of ordinary skill in the art to position the control pad on the front surface of the housing of the machine. Because the control pad disclosed by Zhao was placed in this configuration, with an application to a multi-functional beverage-making machine, there is a reasonable expectation of success of this combination.
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Annotated Figure 3. Fig. 2A disclosed by Smith, annotated to show positioning of the first and the second brew baskets.
Gilles does not expressly disclose wherein the second brew basket is separate from and positioned directly rearwardly of the first brew basket.
Smith discloses a multifunctional beverage making machine (beverage machine 100 [Figs. 1-2, 0030]; see Annotated Figure 3) which has two serving stations, including a large serving station (first brew chamber 102 [Fig. 2A, 0031]) and a small serving station (second brew chamber 104 [Fig. 2A, 0031]). Further, Smith teaches that the serving stations are in an in-line configuration (can be seen in Fig. 2A). While the drawings disclosed by Smith show the configuration wherein a small brew basket (i.e., the brew basket analogous to the “first brew basket” in the instant application) is positioned directly rearwardly of the large brew basket (i.e., the “second brew basket”), Smith further discloses that the order of this arrangement may take the alternate form such that the front brew basket is configured for smaller beverage volumes and the rear brew basket is configured for larger beverage volumes (discussed in detail in [0032]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied the teaching of Smith of a front-to-back alignment of the brew baskets to modify the multi-functional beverage-making machine disclosed by Gilles. In this case, Gilles discloses a small brew basket located above a large brew basket. However, Gilles further discloses that this embodiment is not necessary for the machine [Gilles: 0037]. Additionally, Gilles discloses a configuration wherein the first brew basket is below the second brew basket and arranged in a horizontal drawer, illustrating that this machine is flexible in its allowance of brew basket positioning/arrangements [Gilles: 0037, Figs. 6 and 7]. Smith teaches the two brew baskets positioned in an in-line configuration and further teaches that either the small or large brew basket may be positioned rearwardly. In the case of Gilles, the second dispensing outlet and second platform are positioned rearwardly of the first dispensing outlet and first platform, respectively. Thus, in making a modification of Gilles using the teaching of Smith, one of ordinary skill in the art would have moved the first brew basket (percolation chamber 15) in front of the second brew basket (infusion chamber 2), in order to keep the remainder of the machine’s configuration consistent. Moreover, one of ordinary skill in the art would have been motivated to make this modification because “[a]n in-line configuration of the brew chambers may result in a more streamlined and overall smaller footprint for the machine, which may help the machine fit into smaller spaces” [Smith: 0035]. Finally, one of ordinary skill in the art would have had a reasonable expectation of success in this modification because both references deal with multi-functional beverage-making machines, motivated by saving space, and Gilles discloses flexibility in positioning of the brew baskets.
Regarding claim 2, Gilles discloses wherein the first serving station is a small serving station, and the second serving station is a large serving station (paragraphs [0034-0036] discuss the use of the infusion (second) serving station for making large quantities of coffee and using the percolation (first) serving station for making small quantities of coffee).
Regarding claim 3, Gilles discloses wherein the first brew basket is sized and configured to make a single beverage serving (“The coffee machine according to this patent includes […] a dose holder accessory suitable for receiving a small quantity of coffee in individual doses” [0005]; this refers to the small serving station, which has been designated as the first serving station).
Regarding claim 4, Gilles does not expressly disclose wherein the first brew basket is sized and configured to receive grounds in the form of a pod.
Zhao discloses a multi-functional beverage-making machine comprising first and second serving stations (Fig. 1, “small serving station 14” and “large serving station 12” [0037]), wherein the first brew basket is sized and configured to receive grounds in the form of a pod (“small serving station 14, which is configured to brew coffee from a pod” [0037]).
It would have been prima facie obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to substitute the size and configuration of the small brew basket disclosed by Zhao, which receives grounds in the form of a pod, for that of the percolation chamber disclosed by Gilles. Because the combined drip and pod-type coffeemaker of Zhao is known in the art, this simple substitution of one known element for another would achieve predictable results.
Regarding claim 5, Gilles discloses wherein the second brew basket is sized and configured to receive loose grounds (“The coffee machine according to this patent comprises […] a filter holder accessory capable of receiving a large quantity of ground coffee” [0005]; the “large quantity” station has been designated in this document as the second station).
Regarding claim 6, Gilles discloses wherein the water reservoir is mounted directly rearwardly of the second serving station (Fig. 1 shows the water reservoir 30 mounted directly rearwardly of the second serving station).
Regarding claim 8, Gilles in view of Smith discloses wherein the second brew basket is pivotally mounted to the housing (the infusion chamber 2 (second brew basket) is held within a movable drawer 4 and mounted on the frame 1 (housing) such that it “rotat[es] about a vertical axis” [0026]) and is movable between a brewing position, in which the second brew basket is located directly beneath the second dispensing inlet, and an access position, in which the second brew basket is positioned laterally of the second dispensing inlet for the loading and unloading of grounds. Fig. 2 disclosed by Gilles shows a brewing position in which the second brew basket is located directly beneath the second dispensing outlet. In the modification of Gilles in view of Smith as discussed regarding claim 1, the first brew basket would be positioned in front of the second brew basket. In this case, the movable drawer 4 would not be rotated forward in the access position as shown in Fig. 3 disclosed by Gilles. However, Gilles does not specify whether the movable drawer is rotatable in the clockwise or counter-clockwise direction about its vertical axis, and a counter-clockwise rotation about the disclosed vertical axis from its brewing position would not interfere with the first brew basket with no further modification beyond that described in claim 1. Further, this rotation would provide the second brew basket with an access position in which the second brew basket is positioned laterally of the second dispensing inlet.
Regarding claim 9, Gilles in view of Smith discloses wherein the vertical pivot axis is positioned longitudinally between the first and second dispensing inlets. Specifically, in the modification of Gilles in view of Smith regarding claim 1, when the first brew basket is moved in front of the second brew basket, the first inlet would also be moved so as to maintain their connection. The positioning of the vertical pivot access would not be altered in this modification, and thus would be positioned longitudinally between the first and second dispensing inlets.
Regarding claim 10, Gilles does not expressly disclose wherein the first serving station includes a lever pivotally attached to the housing and positioned above the first dispensing outlet, the lever being movable about a horizontal and laterally-extending pivot axis.
Zhao discloses a multi-functional beverage-making machine comprising first and second serving stations (Fig. 1, “small serving station 14” and “large serving station 12” [0037]), wherein the first serving station includes a lever pivotally attached to the housing and positioned above the first dispensing outlet (Fig. 8 shows “lever 134” positioned above the first dispensing outlet; see also [0045, 0047]), the lever being movable about a generally horizontal and laterally-extending pivot axis (pivoting motion of lever 134 is described in detail in [0047]; see Annotated Figure 4 for axis placement).
It would have been prima facie obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the lever disclosed by Zhao with the pivoting lid of the first serving station disclosed by Gilles. As shown by Zhao, levers are known in the art to provide ease of use in opening a pivoting brew chamber mounted on the housing of beverage-making machines, such as in the claimed invention. Additionally, in combination, the lever would perform the same function in the beverage-making machine of Gilles as it had in Zhao, and would not hinder the functionality of the pivoting lid of the first serving station of the disclosure of Gilles. Consequently, combining these known elements of prior art would yield predictable results.
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Annotated Figure 4. (a) Fig. 4 disclosed by Gilles and (b) Fig. 1 disclosed by Zhao, annotated to show the pivoting axes and lever.
Regarding claim 11, Gilles discloses a multi-functional beverage-making machine (Figs. 1-5, “Dual-chamber machine for preparing beverages” [title]), comprising:
a housing (Figs. 1, 5 “frame 1” [0025]), the housing defining a first serving station (parts pertaining to “percolation” refer to the first serving station [0027]) and a second serving station (parts pertaining to “infusion” refer to the second serving station [0026]),
wherein the first serving station includes a first dispensing inlet (Fig. 2, “inlet 20” [0027]), a first brew basket (Fig. 2, “percolation chamber 15” [0027]), a first dispensing outlet (Fig. 2, “outlet 21” [0027]), and a first receptacle platform (Figs, 1, 2, 5, “platform 55” [0035]); and
wherein the second serving station includes a second dispensing inlet (Fig. 2, “water inlet mouth 9” [0026]), a second brew basket (Fig. 2, “infusion chamber 2” [0026]), a second dispensing outlet (Fig. 2, “infusion outlet 6” [0026]), and a second receptacle platform (Fig. 2, “heating plate 37” [0029]),
wherein the beverage-making machine further comprises: a water reservoir (Figs. 1-5, “reservoir 30” [0029]);
a pump fluidly connected with the water reservoir (Fig. 2, “pump 40” [0030]);
a heating unit (Fig. 2, “heating means 33” consisting of a “heating element 36” [0029]);
a three-way fluid diverting unit fluidly connected with the pump, the first dispensing inlet, and the second dispensing inlet (Fig. 2, “selection valve 42” [0031]); and
a controller operatively connected with a control pad, the pump, the heating unit, and the three-way fluid diverting unit (Fig. 3, “control means 50” described to start the heating means 33 and pump 40, and control the selection valve 42, according to the position indicated on the selector 45 [0031, 0034-0036]).
Gilles does not expressly disclose wherein the first serving station includes a lever pivotally attached to the housing and positioned above the first dispensing outlet, the lever being movable about a horizontal and laterally-extending pivot axis; wherein the housing has a longitudinal axis that is horizontal and perpendicular to the pivot axis of the lever.
Zhao discloses a multi-functional beverage-making machine comprising first and second serving stations (Fig. 1, “small serving station 14” and “large serving station 12” [0037]), wherein the first serving station includes a lever pivotally attached to the housing and positioned above the first dispensing outlet (Fig. 8 shows “lever 134” positioned above the first dispensing outlet; see also [0045, 0047]), the lever being movable about a generally horizontal and laterally-extending pivot axis (pivoting motion of lever 134 is described in detail in [0047]; see Annotated Figure 4 for axis placement), wherein the housing has a longitudinal axis that is horizontal and perpendicular to the pivot axis of the lever (see Annotated Figure 4 for axis placement).
It would have been prima facie obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the lever disclosed by Zhao et. al. with the pivoting lid of the first serving station disclosed by Gilles. As shown by Zhao, levers are known in the art to provide ease of use in opening a pivoting brew chamber mounted on the housing of beverage-making machines, such as in the claimed invention. Additionally, in combination, the lever would perform the same function in the beverage-making machine of Gilles as it had in Zhao, and would not hinder the functionality of the pivoting lid of the first serving station of the disclosure of Gilles. Consequently, combining these known elements of prior art would yield predictable results.
Gilles does not expressly disclose wherein the second brew basket is separate from and positioned directly rearwardly of the first brew basket.
Smith discloses a multifunctional beverage making machine (beverage machine 100 [Figs. 1-2, 0030]; see Annotated Figure 3) which has two serving stations, including a large serving station (first brew chamber 102 [Fig. 2A, 0031]) and a small serving station (second brew chamber 104 [Fig. 2A, 0031]). Further, Smith teaches that the serving stations are in an in-line configuration (can be seen in Fig. 2A). While the drawings disclosed by Smith show the configuration wherein a small brew basket (i.e., the brew basket analogous to the “first brew basket” in the instant application) is positioned directly rearwardly of the large brew basket (i.e., the “second brew basket”), Smith further discloses that the order of this arrangement may take the alternate form such that the front brew basket is configured for smaller beverage volumes and the rear brew basket is configured for larger beverage volumes (discussed in detail in [0032]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied the teaching of Smith of a front-to-back alignment of the brew baskets to modify the multi-functional beverage-making machine disclosed by Gilles. In this case, Gilles discloses a small brew basket located above a large brew basket. However, Gilles further discloses that this embodiment is not necessary for the machine [Gilles: 0037]. Additionally, Gilles discloses a configuration wherein the first brew basket is below the second brew basket and arranged in a horizontal drawer, illustrating that this machine is flexible in its allowance of brew basket positioning/arrangements [Gilles: 0037, Figs. 6 and 7]. Smith teaches the two brew baskets positioned in an in-line configuration and further teaches that either the small or large brew basket may be positioned rearwardly. In the case of Gilles, the second dispensing outlet and second platform are positioned rearwardly of the first dispensing outlet and first platform, respectively. Thus, in making a modification of Gilles using the teaching of Smith, one of ordinary skill in the art would have moved the first brew basket (percolation chamber 15) in front of the second brew basket (infusion chamber 2), in order to keep the remainder of the machine’s configuration consistent. Moreover, one of ordinary skill in the art would have been motivated to make this modification because “[a]n in-line configuration of the brew chambers may result in a more streamlined and overall smaller footprint for the machine, which may help the machine fit into smaller spaces” [Smith: 0035]. Finally, one of ordinary skill in the art would have had a reasonable expectation of success in this modification because both references deal with multi-functional beverage-making machines, motivated by saving space, and Gilles discloses flexibility in positioning of the brew baskets.
Regarding claim 12, Gilles discloses wherein the first serving station is a small serving station, and the second serving station is a large serving station (paragraphs [0034-0036] discuss the use of the infusion (second) serving station for making large quantities of coffee and using the percolation (first) serving station for making small quantities of coffee).
Regarding claim 13, Gilles discloses wherein the first brew basket is sized and configured to make a single beverage serving (“The coffee machine according to this patent includes […] a dose holder accessory suitable for receiving a small quantity of coffee in individual doses” [0005]; this refers to the small serving station, which has been designated as the first serving station).
Regarding claim 14, Gilles in view of Smith discloses wherein the second brew basket is pivotally mounted to the housing and is movable between a brewing position, in which the second brew basket is located directly beneath the second dispensing inlet, and an access position, in which the second brew basket is positioned laterally of the second dispensing inlet for the loading and unloading of grounds. See the 35 U.S.C. 103 rejection of claim 8 for details, as the same modification regarding the brew basket positioning for claim 1 has been made for claim 11.
Regarding claim 15, Gilles in view of Smith discloses wherein the vertical pivot axis is positioned longitudinally between the first and second dispensing inlets. See the 35 U.S.C. 103 rejection of claim 9 for details, as the same modification regarding the brew basket positioning for claim 1 has been made for claim 11.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Gilles (EP 2476352 A1) in view of Zhao (US 2022/0183500 A1) and Smith (US 2022/0338665 A1), further in view of Chen (US 7,089,849 B2).
Regarding claim 7, Gilles in view of Zhao does not expressly disclose wherein the water reservoir is mounted directly laterally of the second serving station.
Chen discloses a multi-functional beverage-making machine (Fig. 1, “multifunctional coffee or beverage machine” [col. 4, lines 16-17]) comprising first and second serving stations (Fig. 1, “a single-serve brewing chamber or module 3” and “a drip-type brewing chamber or module 4” [col. 4, lines 35-38]), wherein the water reservoir is mounted directly laterally of the second serving station (“removable water reservoir can be detachably attached to side or front of the main housing” [col. 4, lines 33-35]; Fig. 1 shows the water reservoir directly laterally of the second “drip-type” serving station).
It would have been prima facie obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of a water reservoir that can be moved to the front or side of the housing, disclosed by Chen, with the beverage-making machine disclosed by Gilles in view of Zhao. The disclosure of Chen is motivated by utilizing common components between the brewing stations to reduce cost and size of the machine, and introducing a water reservoir that can be mounted laterally of the serving stations allows for more flexibility in the footprint of the machine. Because a laterally mounted water reservoir is known in the art with an application to multi-functional beverage-making machines, there is a reasonable expectation of success in this combination.
Claims 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Gilles (EP 2476352 A1) in view of Romandy (US 2020/0129001 A1).
Regarding claim 16, Gilles discloses a multi-functional beverage-making machine (Figs. 1-5, “Dual-chamber machine for preparing beverages” [title]), comprising:
a housing (Figs. 1, 5 “frame 1” [0025]), the housing defining a first serving station (parts pertaining to “percolation” refer to the first serving station [0027]) and a second serving station (parts pertaining to “infusion” refer to the second serving station [0026]);
wherein the first serving station includes a first dispensing inlet (Fig. 2, “inlet 20” [0027]), a first brew basket (Fig. 2, “percolation chamber 15” [0027]), a first dispensing outlet (Fig. 2, “outlet 21” [0027]), and a first receptacle platform (Figs, 1, 2, 5, “platform 55” [0035]);
and wherein the second serving station includes a second dispensing inlet (Fig. 2, “water inlet mouth 9” [0026]), a second brew basket (Fig. 2, “infusion chamber 2” [0026]), a second dispensing outlet (Fig. 2, “infusion outlet 6” [0026]), and a second receptacle platform (Fig. 2, “heating plate 37” [0029]);
wherein the second brew basket is pivotally mounted to the housing and is movable (the infusion chamber 2 (second brew basket) is held within a movable spool 4 and mounted on the frame 1 (housing) such that it moves “in rotation with a vertical axis” [0026]) between a brewing position, in which the second brew basket is located directly beneath the second dispensing inlet (Fig. 2 shows the closed configuration (brewing position) of the infusion chamber 2 (second brew basket) directly beneath the inlet mouth 9 (second dispensing inlet)), and an access position, in which the second brew basket is pivoted away from the second dispensing inlet (Fig. 3 shows the open configuration (access position) of the infusion chamber 2 (second brew basket) where it is pivoted away from the inlet mouth 9 (second dispensing inlet));
wherein the beverage-making machine further comprises: a water reservoir (Figs. 1-5, “reservoir 30” [0029]);
a pump fluidly connected with the water reservoir (Fig. 2, “pump 40” [0030]);
a heating unit (Fig. 2, “heating means 33” consisting of a “heating element 36” [0029]);
a three-way fluid diverting unit fluidly connected with the pump, the first dispensing inlet, and the second dispensing inlet (Fig. 2, “selection valve 42” [0031]);
and a controller operatively connected with a control pad, the pump, the heating unit, and the three-way fluid diverting unit (Fig. 3, “control means 50” described to start the heating means 33 and pump 40, and control the selection valve 42, according to the position indicated on the selector 45 [0031, 0034-0036]).
Gilles does not expressly disclose that in the access position, the second brew basket is pivoted away from the second dispensing inlet toward a position laterally outward from the housing.
Romandy discloses a beverage-making machine, wherein the brew basket has an access position, in which the brew basket is positioned laterally of the dispensing inlet for the loading and unloading of grounds (Figs. 2-3, 5 show the access position of brew basket 38). From its brewing position (shown in Figs. 1 and 4), brew basket 38 pivots on a vertical axis more than 90° to arrive at its access position at the side of the beverage-making machine.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to take the teaching of Romandy, wherein a brew basket can pivot beyond 90° to arrive at an access position that is laterally disposed of its dispensing inlet, and apply this teaching to the beverage-making machine of Gilles. Specifically, the second brew basket disclosed by Gilles, which is already disclosed to be pivoting about a vertical axis, would be able to pivot further than the access position shown in Fig. 3 of Gilles. One of ordinary skill in the art would be motivated to do this to provide access to the brew basket from either the front or the side of the machine. Further, this would not alter the functionality of the beverage-making machine, as the brew basket is already configured to pivot in this direction, and all brewing components within the drawer 4 are separate from the housing, and so there would be a reasonable expectation of success with extended pivoting.
Regarding claim 17, Gilles discloses wherein the first serving station is a small serving station, and the second serving station is a large serving station (paragraphs [0034-0036] discuss the use of the infusion (second) serving station for making large quantities of coffee and using the percolation (first) serving station for making small quantities of coffee).
Regarding claim 18, Gilles discloses wherein the first brew basket is sized and configured to make a single beverage serving (“The coffee machine according to this patent includes […] a dose holder accessory suitable for receiving a small quantity of coffee in individual doses” [0005]; this refers to the small serving station, which has been designated as the first serving station).
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Annotated Figure 5. (a) Fig. 1 disclosed by Gilles and (b) Fig. 1 disclosed by Marlette, annotated to show the horizontal longitudinal and lateral axes, as defined by claim 19, and the access window of Marlette.
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Gilles (EP 2476352 A1) in view of Marlette (US 5,836,169).
Regarding claim 19, Gilles discloses a multi-functional beverage-making machine (Figs. 1-5, “Dual-chamber machine for preparing beverages” [title]), comprising:
a housing (Figs. 1, 5 “frame 1” [0025]), the housing defining a first serving station (parts pertaining to “percolation” refer to the first serving station [0027]) and a second serving station (parts pertaining to “infusion” refer to the second serving station [0026]),
wherein the first serving station includes a first dispensing inlet (Fig. 2, “inlet 20” [0027]), a first brew basket (Fig. 2, “percolation chamber 15” [0027]), a first dispensing outlet (Fig. 2, “outlet 21” [0027]), and a first receptacle platform (Figs, 1, 2, 5, “platform 55” [0035]); and
wherein the second serving station includes a second dispensing inlet (Fig. 2, “water inlet mouth 9” [0026]), a second brew basket (Fig. 2, “infusion chamber 2” [0026]), a second dispensing outlet (Fig. 2, “infusion outlet 6” [0026]), and a second receptacle platform (Fig. 2, “heating plate 37” [0029]),
wherein the housing defines a horizontal longitudinal axis that extends through the first receptacle platform and the second receptacle platform and a horizontal lateral axis that is perpendicular to the longitudinal axis (see Annotated Figure 5 for axis placement),
and wherein the beverage-making machine further comprises: a water reservoir (Figs. 1-5, “reservoir 30” [0029]);
a pump fluidly connected with the water reservoir (Fig. 2, “pump 40” [0030]);
a heating unit (Fig. 2, “heating means 33” consisting of a “heating element 36” [0029]);
a three-way fluid diverting unit fluidly connected with the pump, the first dispensing inlet, and the second dispensing inlet (Fig. 2, “selection valve 42” [0031]);
and a controller operatively connected with a control pad, the pump, the heating unit, and the three-way fluid diverting unit (Fig. 3, “control means 50” described to start the heating means 33 and pump 40, and control the selection valve 42, according to the position indicated on the selector 45 [0031, 0034-0036]).
Gilles does not expressly disclose wherein a window is present in the housing that provides access to the second receptacle platform for the insertion and removal of a receptacle along the lateral axis.
Marlette disclose a multi-functional beverage-making machine (Fig. 1, “brewing station 11 includes a number of individual appliance units” [col. 4, lines 7-8]) comprising first and second brewing stations (Fig. 1, “espresso unit 16” and “coffee brewing unit 14” [col. 4, line 8]), wherein the housing defines a horizontal longitudinal axis that extends through the first receptacle platform and the second receptacle platform and a horizontal lateral axis that is perpendicular to the longitudinal axis (Fig. 1, the platforms are located within the “molded outer case 52” (i.e., housing) beneath the “coffee pot 24” and “espresso pot 30” [co. 4, lines 38-39, 57] defining the longitudinal axis; see Annotated Figure 5 for axis placement), and
wherein a window is present in the housing that provides access to the second receptacle platform for the insertion and removal of a receptacle along the lateral axis (Fig. 1 shows the window in the housing (molded outer case 52) in which the second receptacle (coffee pot 24) is placed; see Annotated Figure 5 for coffee pot loading direction).
It would have been prima facie obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the receptacle insertion and removal window disclosed by Marlette with the beverage-making machine disclosed by Gilles. The functionality of the beverage-making machine disclosed by Gilles would not be hindered by the addition of the window disclosed by Marlette. Further, the window in combination with the beverage-making machine disclosed by Gilles would perform the same function as it does in the disclosure of Marlette—i.e., allowing access for insertion and removal of a receptacle. Consequently, combining these two elements, which are known in the art, would yield predictable results.
Regarding claim 20, Gilles discloses wherein the first brew basket is sized and configured to make a single beverage serving (“The coffee machine according to this patent includes […] a dose holder accessory suitable for receiving a small quantity of coffee in individual doses” [0005]; this refers to the small serving station, which has been designated as the first serving station).
Conclusion
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.
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/MARISSA RAE BOSS/Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761
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