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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/08/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The subject matter of this application admits of illustration by a drawing to facilitate understanding of the invention. Applicant is required to furnish a drawing under 37 CFR 1.81(c). No new matter may be introduced in the required drawing. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d).
In the present applicant, no Drawing has been provided to facilitate understanding of the invention.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 102(a1) as being anticipated by Rayne (US 20180125287 A1).
Regarding claim 1, Rayne discloses
A capsule (capsule 16, Par. 0085) for preparing a beverage in a beverage preparation machine (ingredient dispenser 1, fig.1) comprising a compact (beverage precursor 3, fig.1) and a water-soluble shell [Par.0085 cited: “…at least a portion, and in some examples all, of the capsule or cartridge 16 may be dissolvable or disintegratable within the liquid to be flavoured and, as such, may comprise or be made from water-soluble or water-disintegratable material in examples wherein the flavourant dispenser is intended to be used to flavour a liquid comprising or including water…”] wherein the compact (ingredient 5, fig.1) consists of a material selected from the group consisting of instant coffee, instant tea, soluble coffee substitute extract, cocoa, drinking chocolate, milk powder, vegan milk substitute powder, dry soup, protein powder, fillers, food supplements and combinations thereof [Par.0003 cited: “…some ingredients 5, for example salt or sugar, may be provided loose within the internal compartment 6, some other ingredients, for example honey…”], wherein the capsule (capsule 16) is configured to dissolve in hot water.
Claim Rejections - 35 USC § 103
The following is a quotation of AIA 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under AIA 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 1-10, 17-18 and 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Lach et al. (US 20190177079 A1) in view of Rayne (US 20180125287 A1).
Regarding claim 1, Lach discloses
A capsule (capsule 1A, fig.1) for preparing a beverage in a beverage preparation machine [abstract cited: “…capsule for the preparation of a beverage in a beverage machine…”] comprising a compact (beverage precursor 3, fig.1), wherein the compact (beverage precursor 3) consists of a material selected from the group consisting of instant coffee, instant tea, soluble coffee substitute extract, cocoa, drinking chocolate, milk powder, vegan milk substitute powder, dry soup, protein powder, fillers, food supplements and combinations thereof [Par.0038 cited: “…precursor can be green coffee, soluble (instant) coffee, cocoa or chocolate powder, whitener or milk powder, soja, flavourings and combinations thereof…”], wherein the capsule (capsule 1A) is configured to dissolve in hot water [Par.0108 cited: “…For preparing a beverage, liquid in particular hot water is supplied in the capsule thereby interacting with the beverage precursor …”].
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However, Lach does not disclose a capsule comprises a water-soluble shell.
Rayne discloses a capsule comprises a water-soluble shell [Par.0085 cited: “…at least a portion, and in some examples all, of the capsule or cartridge 16 may be dissolvable or disintegratable within the liquid to be flavoured and, as such, may comprise or be made from water-soluble or water-disintegratable material in examples wherein the flavourant dispenser is intended to be used to flavour a liquid comprising or including water…”].
It would have been obvious to one of ordinary skill in the art at before the effective filling date of the invention to modify a capsule of Lach, comprising a water-soluble shell, as taught by Rayne, in order to disintegrate within the water and to thereby release the contents (Rayne, Par.0085).
Regarding claim 3, Lach discloses
the compact (beverage precursor 3, fig.1) has a shape selected from the group consisting of sphere, ellipsoid, cube, cuboid, cylinder, prism, cone, truncated cone, pyramid, truncated pyramid, torus, tetrahedron, octahedron, dodecahedron, icosahedron, and coffee bean [beverage precursor 3, fig.1, with pellets 4 has a shape of cylinder].
Regarding claim 8, Lach discloses
the milk powder (milk powder, Par.0038) is selected from the group consisting of skim milk powder, whole milk powder, vegan milk substitute powders, or a combination thereof (intended use).
Regarding claim 10, Lach discloses
the compact (beverage precursor 3, fig.1) is homogeneously formed throughout [beverage precursor 3, fig.1, can be homogeneously formed throughout].
Regarding claim 17, Lach discloses
A beverage preparation system (system, fig.7) comprising the beverage preparation machine (beverage machine, abstract) and the capsule (capsule 1A, fig.1), wherein the beverage preparation machine (beverage machine, abstract) comprises a brewing chamber (capsule cage 13, fig.2) for receiving, enclosing and dissolving the capsule (capsule 1A).
Regarding claim 18, Lach discloses
the dissolution of the capsule (capsule 1A, fig.1) in the brewing chamber (capsule cage 13, fig.2) takes place under the influence of hot water [Par.0108 cited: “…For preparing a beverage, liquid in particular hot water is supplied in the capsule thereby interacting with the beverage precursor …”] or hot milk.
Regarding claim 4, 7, 9, 12, and 20-22, Lach discloses substantially all the features as set forth in the claim above, such as a compact (beverage precursor 3, fig.1) and a capsule (capsule 1A, fig.1).
However, Lach does not disclose the compact has a breaking strength of at least 10 N; the capsule has a weight between 4 g and 15 g; the capsule has a largest diameter between 10 mm and 50 mm; the compact comprises more than 50% by weight binder; the milk powder is a binder; the compact consists of 80% by weight milk powder and 20% by weight instant coffee; compacting the material is performed at a compression pressure in the range of 1-100 MPa; the compact has a breaking strength of at least 20 N; the compact has a breaking strength of at least 30 N; the capsule has a largest diameter between 20 and 35 mm; and/or the compacting is performed at a compression in the range of 5-50 MPa.
It would have been obvious to one of ordinary skill in the art at before the effective filling date of the invention to modify an invention of Lach, with the compact has a breaking strength of at least 10 N; the capsule has a weight between 4 g and 15 g1; the capsule has a largest diameter between 10 mm and 50 mm; the compact comprises more than 50% by weight binder; the milk powder is the binder; the compact consists of 80% by weight milk powder and 20% by weight instant coffee; compacting the material is performed at a compression pressure in the range of 1-100 MPa; the compact has a breaking strength of at least 20 N; the compact has a breaking strength of at least 30 N; the capsule has a largest diameter between 20 and 35 mm; and/or the compacting is performed at a compression in the range of 5-50 MPa2, as it well known in the art of manufacturing design choice purpose, in order suitable for the user application.
Response to Amendment
With respect to Specification Objection and Claim Objection: the amended title filed on 06/08/2026, that overcame the Specification Objection and Claim Objection in the previous office action.
With respect to Drawing Objection: no Drawing has been found, such that the Drawing Objection has remained.
Response to Argument
Applicant's arguments with respect to claims 1-10, 17-18 and 20-22 in Remark, filed on 06/08/2026, have been considered but are moot in view of the new ground(s) of rejection.
The newly cited Rayne reference discloses a capsule comprises a water-soluble shell [Par.0085 cited: “…at least a portion, and in some examples all, of the capsule or cartridge 16 may be dissolvable or disintegratable within the liquid to be flavoured and, as such, may comprise or be made from water-soluble or water-disintegratable material in examples wherein the flavourant dispenser is intended to be used to flavour a liquid comprising or including water…”].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Moutty (US 20110259779 A1) is considered as the relevant prior art in field on a capsule, as shown in fig.1, with a capsule contains an ingredient, but does not disclose the capsule comprises a water-soluble shell…
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONG T NGUYEN whose telephone number is (571)270-1834. The examiner can normally be reached 9.00am-5.00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached on 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHUONG T NGUYEN/Primary Examiner, Art Unit 3761
06/28/2026
1 See US20200000266 A1, Par.0031
2 See US20200369461 A1, Par.0069
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