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 .
Claim Objections
Claims 1, 7, 9, 10, 11, 12 and 13 are objected to because of the following informalities:
Regarding claim 1, the claim recites “… said water…” (l. 15 and 35) and “… the water source…” (l. 34), but these limitations lack antecedent basis.
Regarding claim 7, the claim recites “… the second guide rail counter member…”, “… the first guide rail section…” and “…the first guide rail counter member portions…”, but these limitations lack antecedent basis.
Regarding claim 9, the claim recites “…the wall part…”, but this limitation lacks antecedent basis.
Regarding claim 10, the claim recites “… said water”, but this limitation lacks antecedent basis.
Regarding claim 11, the claim recites “… said control unit…”, but this limitation lacks antecedent basis. The phrase “… said beverage the dispensing outlet…” should be corrected to “… said beverage via the dispensing outlet…”
Regarding claim 12, the claim language “… said water…” (l. 9 and 18), “… the water source…” (l. 17) lacks antecedent basis.
Regarding claim 13, the claim recites “…said transfer configuration…”, “… the mixing chamber configuration…”, “… said water…”, “… said mixing chamber…”, and “… the outlet…”, but these limitations lack antecedent basis.
Appropriate correction is required.
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.
Claim 1-13 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.
Regarding claim 1 and 12, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 2 and 5, the phrase "for instance" or “e.g.” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 6, the claim recites “… a or said guide rail arrangement…”, but this introduces ambiguity as to whether a new or existing guide rail arrangement is required.
Regarding claim 11, he claim recites “… a or said water source…”, but this introduces ambiguity as to whether a new or existing water source is required.
Regarding claim 13, the claim language “… a maintenance operation…” (l. 9) introduces ambiguity as to whether a new or existing maintenance operation is required since “… a maintenance operation…” was already introduced in line 4 of the claim.
Claims 3, 4, 7-9 and 10 are rejected due to dependency upon rejected base claim.
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 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over De’Longhi, US Patent Application Publication No. 20050139080 A1 (De’Longhi ‘080) in view of De’Longhi et al., US Patent Application Publication No. 9814346 B2 (De’Longhi ‘346).
Claim 1. De’Longhi ‘080 discloses a machine for handling a flavouring ingredient and preparing a beverage therefrom and serving said beverage via a dispensing outlet to a consumer having a mixing unit that comprises: (De’Longhi ‘080, Abstract “The machine for producing coffee beverages comprises a device to contain coffee powder and another device to supply a fluid to produce the coffee beverage, both devices being reciprocally mobile so that when connected together they form a coffee powder infusion chamber;” and [0080] “…the production of the coffee beverage which is supplied to the user through valve 40 positioned on the space on element 16.”)
a support, such as a frame and/or housing, that is stationary during said handling of said flavouring ingredient; (De’Longhi ‘080, Fig. 1 shows the machine 1 enclosed inside a housing.)
a seat, such as a seat delimiting a substantially prismatic or cylindrical inner shape having a base having an ingredient opening configured to receive said flavouring ingredient unwrapped before mixing with said water; (De’Longhi ‘080, Fig. 4 and 7 shows a container device 2 with a cylindrical inner shape, corresponding to the claimed seat, receiving flavoring ingredient dispensed by a coffee powder dosing device 35; and [0023] “FIG. 9 shows a schematic cross-section of a portion of the machine in a configuration with the coffee container device connected to the fluid supply device so that it forms the infusion chamber;”)
a closure part configured to close and open the ingredient opening; and (De’Longhi ‘080, Figs. 8 and 9 show the fluid supply device 3, particularly the lower portion 3a, closing over the ingredient opening.)
a wall part that is movable inside the seat, (De’Longhi ‘080, Fig. 6 shows a first telescopic element 15, corresponding to the claimed wall part, movable inside the container device 2.)
the seat, the closure part and the wall part being: directly or indirectly mounted to the support; and (De’Longhi ‘080, Fig. 1 shows the container device 2 and entirety of supply device 3 (see [0044]) mounted inside the housing.)
relatively movable between: a transfer configuration for supplying said flavouring ingredient into the seat and/or removing such ingredient upon beverage preparation; and (De’Longhi ‘080, [0022] “FIG. 8 shows a schematic cross-section of a portion of the machine during an operational stage” which corresponds to the claimed transfer configuration; Figs. 7 and 11 show the supplying and removing of flavoring ingredient respectively. For the purpose of examination, any term “… and/or…” found throughout the application is considered as “…or…”)
a mixing chamber configuration in which the seat and the closure part and the wall part form a mixing chamber fluidically connected with the water source, (De’Longhi ‘080, Fig. 9 and 10 shows the container device 2, the lower portion 3a, and the telescopic element 15 fluidically connected to the fluid supply device 3; and [0039] “… a second telescopic element 16 is connected by sliding on the first telescopic element, and a third telescopic element 18 is connected by sliding on the second telescopic element 16 and adapted to house at least one portion of the supply device 3 to form the infusion chamber 4.”)
during beverage preparation, said flavouring ingredient being mixed with said water in the mixing chamber to form said beverage prior to serving thereof via the dispensing outlet, (De’Longhi ‘080, [0077] “Element 18 presses on a lower portion 3a of device 3 and triggers a microswitch 37 that arrests the motion and provides the command for water supply into the infusion chamber, aided by abutment 38.”; and [0080] “Microswitch 37 commands the water supply to the infusion chamber and the production of the coffee beverage which is supplied to the user through valve 40 positioned on the space on element 16. (see Fig. 3)”)
the mixing unit comprises a maintenance guide and (De’Longhi ‘080, Fig. 6 shows a guide 11.)
at least one of the frame, the seat, the closure part and the wall part is/are configured: for interaction with the maintenance guide when the gate is open; to be prevented from passing the gate when the gate closes the maintenance guide; and (De’Longhi ‘080, Fig. 6 and 7 show that container device 2 interacts with the guide 11 when slide 9 and motor 13 disconnects container device 2 from water supply device 3; and [0089] “Moreover, after a certain time lapse following the connection between element 18 and portion 3a, the electronic processor will cut off the action of motion mechanism 2a.” This prevents the slide 9 and container device 2 from freely sliding along guide 11 while in operation.)
so that upon operational entry into the maintenance guide said at least one of the frame, the seat, the closure part and the wall part, is/are relatively movable along the maintenance guide such that at least one of the seat, the closure part and the wall part are moveable relative to the support into a maintenance configuration for carrying out a maintenance operation on at least one of the seat, the closure part and the wall part, the transfer configuration and the mixing chamber configuration being different to the maintenance configuration. (De’Longhi ‘080, Figs. 7-12 show that the container device 2 being movable along guide 11 and the idle position (see [0072]) shown in Fig. 6, 11 and 12 corresponds to the claimed maintenance configuration for carrying out maintenance operation on the container device; [0025] “FIG. 13 shows a schematic cross-section of a portion of the machine in a configuration wherein the waste coffee powder is expelled from the container device”; the transfer configuration shown in Fig. 7, the mixing chamber configuration shown in Fig. 9 and 10, are different than the maintenance operation of expelling the coffee powder shown in Fig. 13.)
De’Longhi ‘080 does not teach a gate configured to open and close the maintenance guide.
De’Longhi ’346 teaches a gate, the gate being configured to open and close the maintenance guide; and (De’Longhi ‘346, Fig. 5-6 shows pin 36 being slid along a guide defined by wall 47 and 48, with a longitudinal element 43 opening and closing the guide.)
De’Longhi ‘080 and De’Longhi ‘346 are analogous art because they are related to beverage preparation machines. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the beverage preparation machine, particularly the guide 11 taught by De’Longhi ‘080 with the longitudinal element 43 disclosed by De’Longhi ‘346. A person having ordinary skill in the art would have been motivated to make this modification in order to have more control over the guide responsible for the different orientations of the container device 2 and telescoping elements 15, 16 and 18 while also making the machine more compact. The modification that the alternative construction disclosed by De’Longhi ‘346 provides would have proven to be “structurally simple and compact for the infusion unit of the coffee machine” allowing for the elimination of the technical drawbacks of excessive dimensions and structural intricacy (see De’Longhi ‘346 (5)-(7)), which is a clear improvement to the machine disclosed by De’Longhi ‘080.
Claim 2. Modified De’Longhi ‘080 teaches the machine of claim 1, wherein said at least one of the frame, the seat, the closure part and the wall part, are: relatively movable along the maintenance guide in at least one of: a pivotal, non-translational movement; a translational, non-pivotal movement; and a non-straight linear movement, e.g. a combined pivotal and translation movement; (De’Longhi ‘080, [0036] “Slide 9 is connected through a sliding action to a guide 11…” where the sliding action is a translational movement.)
removed or removable from the mixing unit or maintained in the mixing unit in the maintenance configuration upon reaching the maintenance configuration, for instance the wall part being removable from the mixing unit in the maintenance configuration; and (De’Longhi ‘080, [0092]-[0093] “When it is necessary to remove the coffee powder container device 2 from machine 1, first the hook-up couplings 8 must be released from their seats on the slide, and element 18 must be slid off pin 7. This way, the coffee powder container device can be washed very easily because it does not involve moving the whole machine, and all parts are easily accessible, above all the filter.”)
moved away from another one of the frame, the seat, the closure part and the wall part so that said at least one and/or said another one of the frame, the seat, the closure part and the wall part or all of them are made accessible to manual maintenance, for instance made accessible via an openable machine housing maintenance panel. (De’Longhi ‘080, Fig. 8 and 9 show the container device 2 moved away from the water supply device 3; and [0092]-[0093] “When it is necessary to remove the coffee powder container device 2 from machine 1, first the hook-up couplings 8 must be released from their seats on the slide, and element 18 must be slid off pin 7. This way, the coffee powder container device can be washed very easily because it does not involve moving the whole machine, and all parts are easily accessible, above all the filter.”)
Claim 3. Modified De’Longhi ‘080 teaches the machine of claim 1, wherein the gate has a directing portion for directing said at least one of the frame, the seat, the closure part and the wall part, from the gate: towards the maintenance configuration when the gate operationally opens the maintenance guide; and (De’Longhi ‘080, Fig. 6 shows a curved part in the middle of guide 11 that directs the container device 2 from the “closed” orientation against the water supply device 3. Slide 9 and motor 13, corresponding to the gate, is operated to slide container device 2 into an “open” orientation shown in Fig. 6.)
towards at least one of the transfer and the mixing chamber configurations when the gate operationally closes the maintenance guide. (De’Longhi ‘080, Fig. 9 shows the “closed” orientation where the three telescopic elements 15, 16, 18 form the infusion chamber 4 corresponding to the claimed mixing chamber configuration (see [0039]).)
Claim 4. Modified De’Longhi ‘080 teaches the machine of claim 1, wherein the maintenance guide is formed by a guide-rail arrangement that is stationary relative to one of said at least one of the frame, the seat, the closure part and the wall part, (De’Longhi ‘080, Fig. 6 shows guide 11 corresponding to claimed guide-rail arrangement, stationary relative to container device 2.)
cooperating with a corresponding guide-rail counter-member arrangement (De’Longhi ‘080, Fig. 4 and 5 shows slide 9 connected to guide 11 through a sliding action (see De’Longhi ‘080 [0036]), which corresponds to the function of the claimed guide-rail counter-member arrangement.)
that is stationary relative to another one of said at least one of the frame, the seat, the closure part and the wall part, being stationary relative to the frame and the guide-rail counter-member arrangement being stationary relative to the seat. (De’Longhi ‘080, Fig. 4, 6-12 shows slide 9 is stationary relative to the container device 2 because of the couplings 8 that hold the container device in place against slide 9.)
Claim 5. Modified De’Longhi ‘080 teaches the machine of claim 1, wherein the maintenance guide is formed by a pivot-bearing arrangement, that is stationary relative to one of said at least one of the frame, the seat, the closure part and the wall part, (De’Longhi ’346, (34) “The rocker 32 is pivoted by means of an oscillation pin 41 to a lower extension 42 of the infusion cylinder 2” which corresponds to the claimed pivot-bearing arrangement.)
cooperating with a corresponding pivot-bearing counter-member arrangement that is stationary relative to another one of said at least one of the frame, the seat, the closure part and the wall part, for instance the pivot-bearing arrangement being stationary relative to the frame and the guide-rail counter-member arrangement being stationary relative to the seat. (De’Longhi ’346, Fig. 5 shows the oscillation pin 45 that is stationary relative to the shell 9; (42) The longitudinal element 43 is pivoted to the shell 9, and particularly to the half-part 9b thereof, by means of an oscillation pin 45 oriented in the direction of the axis of oscillation of the rocker 32.)
Claim 6. Modified De’Longhi ‘080 teaches the machine of claim 1, wherein the support and the seat are connected by a or said guide-rail arrangement and (De’Longhi ‘080, Fig. 4-6 show the container device 2 connected to slide 9 by the couplings 8, slide 9 is attached to pivoting device 2a responsible for moving slide 9 along guide 11, forming the claimed guide-rail arrangement.)
De’Longhi ‘080 does not explicitly teach a guide-rail counter-member arrangement.
De’Longhi ’346 teaches a guide-rail counter-member arrangement for relatively moving the seat, the closure part and the wall part between the transfer configuration and the mixing chamber configuration. (De’Longhi ‘346, Fig. 1 and 5-13 shows the pin 52 engaged in the rail defined by 51, 54 and 55 and engaging pin 36 moving along the rail defined by 46, 47, and 48, forming the claimed “guide-rail counter-member arrangement” involved in moving the infusion chamber 4, corresponding to the claimed seat, the closing piston 3, corresponding to the claimed closure part, and the infusion cylinder 2, corresponding to the claimed wall.)
De’Longhi ‘080 and De’Longhi ‘346 are analogous art because they are related to beverage preparation machines. Although both De’Longhi ‘080 and De’Longhi ‘346 uses at least one guide-rail in order to move the infusion chamber into different configurations, De’Longhi ‘346 explicitly details a first and second “guide-rail counter-member” in pin 52 and pin 36 cooperating counter to the guide rails 51, 54, 55 and 46, 47, 48 respectively to achieve the same configurations. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to simply substitute the singular guide 11 taught by De’Longhi ‘080 with the multiple guide-rail arrangement disclosed by De’Longhi ‘346 as the alternative construction provided by De’Longhi ‘346 “proves to be structurally simple and compact for the infusion unit of a coffee machine” and improves upon the design of the prior art (see De’Longhi ‘346 (5)-(7)).
Claim 7. Modified De’Longhi ‘080 teaches the machine of claim 6, wherein the second guide-rail counter-member and at least a portion of the second guide-rail section are configured to move relatively to one another along a direction that is non-parallel to a direction of simultaneous relative motion of the first guide-rail section and the first guide-rail counter-member portions being: straight, curved or partly straight and partly curved. (De’Longhi ’346, Figs. 5-13 pin 52 and rectilinear portion 54, corresponding to the claimed second guide-rail section, is configured to move relatively to one another. The movement is non-parallel to the movement of the engaging pin 36 along the lateral delimiting wall 47 of a lower part 48 inside the shell 9, corresponding to the claimed first guide-rail counter-member and first guide-rail section respectively.)
Claim 8. Modified De’Longhi ‘080 teaches the machine of claim 6, wherein the seat is configured to move relatively to the support according to simultaneous and/or successive geometric translation and geometric rotation. (De’Longhi ‘080, Figs. 10-12 show the container device 2 pivoting around rotation pin 7 and translating along guide 11.)
Claim 9. Modified De’Longhi ‘080 teaches the machine of claim 1, wherein the mixing unit comprises said wall part actuator that is connected to the wall part by a wall part transmission. (De’Longhi ‘080, [0038]- [0039] “As shown in the appended figures the container device 2 comprises at least three telescopic elements 15, 16, 18 that are connected to each other in sliding mode. A first telescopic element is set on the rotation pin 7, a second telescopic element 16 is connected by sliding on the first telescopic element, and a third telescopic element 18 is connected by sliding on the second telescopic element 16 and adapted to house at least one portion of the supply device 3 to form the infusion chamber 4.”)
Claim 10. Modified De’Longhi ‘080 teaches the machine of claim 1, wherein the closure part comprises a peripheral sealing member displaceably mounted on a closure holder and (De’Longhi ‘080, [0078]-[0079] “As is shown in particular in FIGS. 8 and 9, before the container device 2 is connected to the supply container 3 (and in particular to the lower portion 3a), portion 3a is in a position at a certain distance from upper portion 3b of device 3. When the container device 2 is connected to the supply device 3 it presses the lower portion 3a towards the upper portion 3b (as shown in FIG. 9) approaching them and activating microswitch 37.”)
urged away from the holder against the seat while said flavouring ingredient is mixed with said water in the mixing chamber. (De’Longhi ‘080, Fig. 9 shows the spring between lower portion 3a, corresponding to the claimed sealing member, and upper portion of 3b of fluid supply device 3 urges the lower portion 3a away from the holder and against the container device 2 when it is connected to fluid supply device 3; Fig. 15-18 shows the tap 25 which supplies water or steam and is positioned upstream of container and supply devices 2 and 3 (see [0051]-[0054] and is fed by the boiler 46.)
In order for fluid supply device 3 to perform its function and supply water or steam into the infusion chamber 4 that it makes with telescoping element 16 of container device 2, lower portion 3a must communicate sealingly with container device 2. Thus, lower portion 3a’s function corresponds with the claimed sealing member.
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Claim 11. Modified De’Longhi ‘080 teaches the machine of claim 1, wherein, after an introduction into the seat's ingredient opening in the transfer configuration of at least one solid portion of a self-supporting agglomerate of said flavouring ingredient and subsequent relative movement from the transfer configuration into the mixing chamber configuration and prior to serving said beverage via the dispensing outlet, said control unit is configured to control a preconditioning of the flavouring ingredient by: a portion break-up relative movement of the seat and the closure part and the wall part; and a portion loosening supply of water from a or said water source into the mixing chamber. (De’Longhi ‘080, [0075]-[0080] “A coffee powder dosing device, indicated schematically with reference numeral 35, inserts a pre-established quantity of coffee powder inside this space. At this point, because of the gradual extension, the elastic abutments 20 move past the abutments 19 of element 16 (as shown in FIG. 8) and element 16 begins extension until a portion of the fluid container device 3 is inserted into element 18 forming the infusion chamber inside which the coffee powder is compressed (as shown in FIG. 9). Element 18 presses on a lower portion 3a of device 3 and triggers a microswitch 37 that arrests the motion and provides the command for water supply into the infusion chamber, aided by abutment 38. As is shown in particular in FIGS. 8 and 9, before the container device 2 is connected to the supply container 3 (and in particular to the lower portion 3a) portion 3a is in a position at a certain distance from upper portion 3b of device 3. When the container device 2 is connected to the supply device 3 it presses the lower portion 3a towards the upper portion 3b (as shown in FIG. 9) approaching them and activating microswitch 37. Microswitch 37 commands the water supply to the infusion chamber and the production of the coffee beverage which is supplied to the user through valve 40 positioned on the space on element 16.”)
Claim 12. De’Longhi discloses a combination of a machine for handling a flavouring ingredient and preparing a beverage therefrom and serving said beverage via a dispensing outlet to a consumer receptacle having a mixing unit that comprises: (De’Longhi ‘080, Abstract “The machine for producing coffee beverages comprises a device to contain coffee powder and another device to supply a fluid to produce the coffee beverage, both devices being reciprocally mobile so that when connected together they form a coffee powder infusion chamber;” and [0080] “…the production of the coffee beverage which is supplied to the user through valve 40 positioned on the space on element 16.”)
a support, such as a frame and/or housing, that is stationary during said handling of said flavouring ingredient; (De’Longhi ‘080, Fig. 1 shows the machine 1 enclosed inside a housing.)
a seat, such as a seat delimiting a substantially prismatic or cylindrical inner shape having a base having an ingredient opening configured to receive said flavouring ingredient unwrapped before mixing with said water; (De’Longhi ‘080, Fig. 4 and 7 shows a container device 2 with a cylindrical inner shape, corresponding to the claimed seat, receiving flavoring ingredient dispensed by a coffee powder dosing device 35; and [0023] “FIG. 9 shows a schematic cross-section of a portion of the machine in a configuration with the coffee container device connected to the fluid supply device so that it forms the infusion chamber;”)
a closure part configured to close and open the ingredient opening; and (De’Longhi ‘080, Figs. 8 and 9 show the fluid supply device 3, particularly the lower portion 3a, closing over the ingredient opening.)
a wall part that is movable inside the seat, (De’Longhi ‘080, Fig. 6 shows a first telescopic element 15, corresponding to the claimed wall part, movable inside the container device 2.)
the seat, the closure part and the wall part being: directly or indirectly mounted to the support; and (De’Longhi ‘080, Fig. 1 shows the container device 2 and entirety of supply device 3 (see [0044]) mounted inside the housing.)
relatively movable between: a transfer configuration for supplying said flavouring ingredient into the seat and/or removing such ingredient upon beverage preparation; and (De’Longhi ‘080, [0022] “FIG. 8 shows a schematic cross-section of a portion of the machine during an operational stage” which corresponds to the claimed transfer configuration; Figs. 7 and 11 show the supplying and removing of flavoring ingredient respectively.)
a mixing chamber configuration in which the seat and the closure part and the wall part form a mixing chamber fluidically connected with the water source, (De’Longhi ‘080, Fig. 9 and 10 shows the container device 2, the lower portion 3a, and the telescopic element 15 fluidically connected to the fluid supply device 3; and [0039] “… a second telescopic element 16 is connected by sliding on the first telescopic element, and a third telescopic element 18 is connected by sliding on the second telescopic element 16 and adapted to house at least one portion of the supply device 3 to form the infusion chamber 4.”)
during beverage preparation, said flavouring ingredient being mixed with said water in the mixing chamber to form said beverage prior to serving thereof via the dispensing outlet, (De’Longhi ‘080, [0077] “Element 18 presses on a lower portion 3a of device 3 and triggers a microswitch 37 that arrests the motion and provides the command for water supply into the infusion chamber, aided by abutment 38.”; and [0080] “Microswitch 37 commands the water supply to the infusion chamber and the production of the coffee beverage which is supplied to the user through valve 40 positioned on the space on element 16. (see Fig. 3)”)
the mixing unit comprises a maintenance guide and (De’Longhi ‘080, Fig. 6 shows a guide 11)
at least one of the frame, the seat, the closure part and the wall part is/are configured: for interaction with the maintenance guide when the gate is open; to be prevented from passing the gate when the gate closes the maintenance guide; and (De’Longhi ‘080, Fig. 6 and 7 show that container device 2 interacts with the guide 11 when slide 9 and motor 13 disconnects container device 2 from water supply device 3; and [0089] “Moreover, after a certain time lapse following the connection between element 18 and portion 3a, the electronic processor will cut off the action of motion mechanism 2a.” This prevents the slide 9 and container device 2 from freely sliding along guide 11 while in operation.)
so that upon operational entry into the maintenance guide said at least one of the frame, the seat, the closure part and the wall part, is/are relatively movable along the maintenance guide such that at least one of the seat, the closure part and the wall part are moveable relative to the support into a maintenance configuration for carrying out a maintenance operation on at least one of the seat, the closure part and the wall part, the transfer configuration and the mixing chamber configuration being different to the maintenance configuration and (De’Longhi ‘080, Figs. 7-12 show that the container device 2 being movable along guide 11 and the idle position (see [0072]) shown in Fig. 6, 11 and 12 corresponds to the claimed maintenance configuration for carrying out maintenance operation on the container device; [0025] “FIG. 13 shows a schematic cross-section of a portion of the machine in a configuration wherein the waste coffee powder is expelled from the container device”; the transfer configuration shown in Fig. 7, the mixing chamber configuration shown in Fig. 9 and 10, are different than the maintenance operation of expelling the coffee powder shown in Fig. 13.)
said flavouring ingredient for preparing said beverage in the machine. (De’Longhi ‘080, [0075] “A coffee powder dosing device, indicated schematically with reference numeral 35, inserts a pre-established quantity of coffee powder inside this space.”)
De’Longhi ‘080 does not teach a gate configured to open and close the maintenance guide.
De’Longhi ’346 teaches a gate, the gate being configured to open and close the maintenance guide; and (De’Longhi ‘346 Fig. 5-6 shows pin 36 being slid along a guide defined by wall 47 and 48, with a longitudinal element 43 opening and closing the guide.)
De’Longhi ‘080 and De’Longhi ‘346 are analogous art because they are related to beverage preparation machines. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the beverage preparation machine, particularly the guide 11 taught by De’Longhi ‘080 with the longitudinal element 43 disclosed by De’Longhi ‘346. A person having ordinary skill in the art would have been motivated to make this modification in order to have more control over the guide responsible for the different orientations of the container device 2 and telescoping elements 15, 16 and 18 while also making the machine more compact. The modification that the alternative construction disclosed by De’Longhi ‘346 provides would have proven to be “structurally simple and compact for the infusion unit of the coffee machine” allowing for the elimination of the technical drawbacks of excessive dimensions and structural intricacy (see De’Longhi ‘346 (5)-(7)), which is a clear improvement to the machine disclosed by De’Longhi ‘080.
Claim 13. De’Longhi discloses a method of operating a machine comprising the steps of:
A) subjecting the machine to a maintenance operation by: opening a maintenance guide by a gate operating at least one of a frame, a seat, a closure part, a wall part and the maintenance guide so that at least one of the frame, the seat, the closure part and the wall part relatively enters the maintenance guide and moves therealong into a maintenance configuration; (De’Longhi ‘080, Fig. 10-12 shows the seat sliding along the guide 11 and entering into an idle configuration (see De’Longhi ‘080, [0081])).
carrying out in the maintenance configuration a maintenance operation on at least one of the seat, the closure part and the wall part; and (De’Longhi ‘080, Fig. 11-12 shows a maintenance operation of expelling the coffee tablet from container device 2 while in the idle configuration.)
operating said at least one of the frame, the seat, the closure part, the wall part and the maintenance guide so that at least one of the frame, the seat, the closure part and the wall part relatively moves along the maintenance guide and (De’Longhi ‘080, Figs. 8-12 show the container device 2 moving along the guide 11.)
B) handling a flavouring ingredient and preparing a beverage therefrom and serving said beverage via a dispensing outlet to a consumer receptacle by: supplying said flavouring ingredient into the seat in said transfer configuration; (De’Longhi ‘080, [0074] “FIG. 7 shows a stage in which element 18 of the container device 2 is extended… to form a space to contain the coffee powder.”)
in the mixing chamber configuration, mixing the ingredient with said water in said mixing chamber to form the beverage; and serving the beverage via the outlet. (De’Longhi ‘080, [0079]-[0080] “When the container device 2 is connected to the supply device 3 it presses the lower portion 3a towards the upper portion 3b (as shown in FIG. 9) approaching them and activating microswitch 37. Microswitch 37 commands the water supply to the infusion chamber and the production of the coffee beverage which is supplied to the user through valve 40 positioned on the space on element 16.”)
De’Longhi ‘080 does not teach a maintenance guide with exits or a gate capable of closing the maintenance guide.
De’Longhi ’346 teaches exits thereof, and closing the maintenance guide by the gate; (De’Longhi ’346, Fig. 5-6 shows elongated element 43, corresponding to the claimed gate, opening and closing the lateral delimiting wall 47, corresponding to the claimed maintenance guide.)
De’Longhi ‘080 and De’Longhi ‘346 are analogous art because they are related to beverage preparation machines. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the beverage preparation machine, particularly the guide 11 taught by De’Longhi ‘080 with the longitudinal element 43 disclosed by De’Longhi ‘346. A person having ordinary skill in the art would have been motivated to make this modification in order to have more control over the guide responsible for the different orientations of the container device 2 and telescoping elements 15, 16 and 18 while also making the machine more compact. The modification that the alternative construction disclosed by De’Longhi ‘346 provides would have proven to be “structurally simple and compact for the infusion unit of the coffee machine” allowing for the elimination of the technical drawbacks of excessive dimensions and structural intricacy (see De’Longhi ‘346 (5)-(7)), which is a clear improvement to the machine disclosed by De’Longhi ‘080.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 6-9, 11 and 12 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 3, 5, 11 and 12 of copending Application No. 18006469 (reference application) in view of De’Longhi et al., US Patent Application Publication No. 9814346 B2 (De’Longhi ‘346) and in further view of De’Longhi, US Patent Application Publication No. 20050139080 A1 (De’Longhi ‘080).
This is a provisional nonstatutory double patenting rejection.
Although the claims at issue are not identical, they are not patentably distinct from each other because the reference claims disclose, or render obvious, elements of the pending claims as shown below.
Pending Claims
Reference Claims
Claim 1. A machine for handling a flavouring ingredient and preparing a beverage therefrom and serving said beverage via a dispensing outlet to a consumer having a mixing unit that comprises:
a support, such as a frame and/or housing, that is stationary during said handling of said flavouring ingredient;
a seat, such as a seat delimiting a substantially prismatic or cylindrical inner shape having a base having an ingredient opening configured to receive said flavouring ingredient unwrapped before mixing with said water;
a closure part configured to close and open the ingredient opening; and
a wall part that is movable inside the seat,
the seat, the closure part and the wall part being:
directly or indirectly mounted to the support; and relatively movable between:
a transfer configuration for supplying said flavouring ingredient into the seat and/or removing such ingredient upon beverage preparation; and
a mixing chamber configuration in which the seat and the closure part and the wall part form a mixing chamber fluidically connected with the water source, during beverage preparation, said flavouring ingredient being mixed with said water in the mixing chamber to form said beverage prior to serving thereof via the dispensing outlet, the mixing unit comprises
a maintenance guide and a gate, the gate being configured to open and close the maintenance guide; and at least one of the frame, the seat, the closure part and the wall part is/are configured:
for interaction with the maintenance guide when the gate is open; to be prevented from passing the gate when the gate closes the maintenance guide; and so that upon operational entry into the maintenance guide said at least one of the frame, the seat, the closure part and the wall part, is/are relatively movable along the maintenance guide such that at least one of the seat, the closure part and the wall part are moveable relative to the support into a maintenance configuration for carrying out a maintenance operation on at least one of the seat, the closure part and the wall part, the transfer configuration and the mixing chamber configuration being different to the maintenance configuration.
Claim 6. The machine of claim 1, wherein the support and the seat are connected by
a or said guide-rail arrangement and
a guide-rail counter-member arrangement for relatively moving the seat, the closure part and the wall part between the transfer configuration and the mixing chamber configuration.
Claim 7. The machine of claim 6, wherein the second guide-rail counter-member and at least a portion of the second guide-rail section are configured to move relatively to one another along a direction that is non-parallel to a direction of simultaneous relative motion of the first guide-rail section and the first guide-rail counter-member portions being: straight, curved or partly straight and partly curved.
Claim 8. The machine of claim 6, wherein the seat is configured to move relatively to the support according to simultaneous and/or successive geometric translation and geometric rotation.
Claim 9. The machine of claim 1, wherein the mixing unit comprises said wall part actuator that is connected to the wall part by a wall part transmission.
Claim 11. The machine of claim 1, wherein, after an introduction into the seat's ingredient opening in the transfer configuration of at least one solid portion of a self-supporting agglomerate of said flavouring ingredient and subsequent relative movement from the transfer configuration into the mixing chamber configuration and prior to serving said beverage via the dispensing outlet, said control unit is configured to control a preconditioning of the flavouring ingredient by:
a portion break-up relative movement of the seat and the closure part and the wall part; and
a portion loosening supply of water from a or said water source into the mixing chamber.
Claim 12. A combination of a machine for handling a flavouring ingredient and preparing a beverage therefrom and serving said beverage via a dispensing outlet to a consumer receptacle having a mixing unit that comprises:
a support, such as a frame and/or housing, that is stationary during said handling of said flavouring ingredient;
a seat, such as a seat delimiting a substantially prismatic or cylindrical inner shape having a base having an ingredient opening configured to receive said flavouring ingredient unwrapped before mixing with said water;
a closure part configured to close and open the ingredient opening; and
a wall part that is movable inside the seat, the seat, the closure part and the wall part being: directly or indirectly mounted to the support; and relatively movable between:
a transfer configuration for supplying said flavouring ingredient into the seat and/or removing such ingredient upon beverage preparation; and
a mixing chamber configuration in which the seat and the closure part and the wall part form a mixing chamber fluidically connected with the water source, during beverage preparation, said flavouring ingredient being mixed with said water in the mixing chamber to form said beverage prior to serving thereof via the dispensing outlet, the mixing unit comprises
a maintenance guide and a gate, the gate being configured to open and close the maintenance guide; and at least one of the frame, the seat, the closure part and the wall part is/are configured: for interaction with the maintenance guide when the gate is open; to be prevented from passing the gate when the gate closes the maintenance guide; and so that upon operational entry into the maintenance guide said at least one of the frame, the seat, the closure part and the wall part, is/are relatively movable along the maintenance guide such that at least one of the seat, the closure part and the wall part are moveable relative to the support into a maintenance configuration for carrying out a maintenance operation on at least one of the seat, the closure part and the wall part, the transfer configuration and the mixing chamber configuration being different to the maintenance configuration and said flavouring ingredient for preparing said beverage in the machine.
Claim 1. A machine for handling a flavouring ingredient and preparing a beverage therefrom and serving said beverage via a dispensing outlet to a consumer receptacle by mixing water from a water source having a mixing unit comprising:
a support, such as a frame and/or housing, that is stationary during said handling of said flavouring ingredient;
a seat
a closure part configured to close and open the ingredient opening
a wall part that is movable inside the seat the seat, the closure part and the wall part being:
directly or indirectly mounted to the support; and relatively movable between:
a transfer configuration for supplying said flavouring ingredient into the seat and/or removing such ingredient upon beverage preparation; and
a mixing chamber configuration in which the seat and the closure part and the wall part form a mixing chamber fluidically connected with the water source, during beverage preparation, said flavouring ingredient being mixed with said water in the mixing chamber to form said beverage prior to serving thereof via the dispensing outlet, the support and the seat being connected by
a guide-rail arrangement, the guide-rail arrangement has a first guide-rail section and a second guide-rail section that is different to the first guide-rail section, for instance the first and second guide-rail sections extending along different directions and/or forming guiding profiles of different shapes, and
in that the guide-rail counter-member arrangement has
a first guide-rail counter-member cooperating with the first guide-rail section and
a second guide-rail counter-member cooperating with the second guide-rail section such that the first and second guide-rail sections and the first and second guide-rail counter members cooperate to set together a positioning and orientation of the seat relative to the support.
Claim 2. The machine of claim 1, wherein the second guide-rail counter-member and at least a portion of the second guide-rail section are configured to move relatively to one another along a direction that is non-parallel.
Claim 3. The machine of claim 1, wherein the seat is configured to move relatively to the support according to simultaneous and/or successive geometric translation and geometric rotation, for instance the seat being arranged to move relatively to the support: by geometric translation without rotation into and out of the mixing chamber configuration and/or into and out of the transfer configuration; and by simultaneous geometric translation and geometric rotation into and out of the transfer configuration.
Claim 5. The machine of claim 1, wherein the mixing unit comprises said wall part actuator that is connected to the wall part by a wall part transmission.
Claim 11. The machine of claim 1, wherein, after an introduction into the seat’s ingredient opening in the transfer configuration of at least one solid portion of a self-supporting agglomerate of said flavouring ingredient and subsequent relative movement from the transfer configuration into the mixing chamber configuration and prior to serving said beverage via the dispensing outlet said control unit is configured to control a preconditioning of the flavouring ingredient by:
a portion break-up relative movement of the seat and the closure part and the wall part.
Claim 12. A combination of a machine for handling a flavouring ingredient and preparing a beverage therefrom and serving said beverage via a dispensing outlet to a consumer receptacle by mixing water from a water source having a mixing unit comprising:
a support, such as a frame and/or housing, that is stationary during said handling of said flavouring ingredient;
a seat;
a closure part configured to close and open the ingredient opening:
a wall part that is movable inside the seat the seat, the closure part and the wall part being: directly or indirectly mounted to the support; and relatively movable between:
a transfer configuration for supplying said flavouring ingredient into the seat and/or removing such ingredient upon beverage preparation; and
a mixing chamber configuration in which the seat and the closure part and the wall part form a mixing chamber fluidically connected with the water source, during beverage preparation, said flavouring ingredient being mixed with said water in the mixing chamber to form said beverage prior to serving thereof via the dispensing outlet, the support and the seat being connected by a guide-rail arrangement, the guide-rail arrangement has a first guide-rail section and a second guide-rail section that is different to the first guide-rail section, for instance the first and second guide-rail sections extending along different directions and/or forming guiding profiles of different shapes, and in that the guide-rail counter-member arrangement has a first guide-rail counter-member cooperating with the first guide-rail section and a second guide-rail counter-member cooperating with the second guide-rail section such that the first and second guide-rail sections and the first and second guide-rail counter members cooperate to set together a positioning and orientation of the seat relative to the support and a flavouring ingredient for preparing a beverage in the machine.
Referring to pending claims 1 and 12, the reference application claims do not teach a maintenance guide and a gate, the gate being configured to open and close the maintenance guide; and at least one of the frame, the seat, the closure part and the wall part is/are configured: for interaction with the maintenance guide when the gate is open; to be prevented from passing the gate when the gate closes the maintenance guide; and so that upon operational entry into the maintenance guide said at least one of the frame, the seat, the closure part and the wall part, is/are relatively movable along the maintenance guide such that at least one of the seat, the closure part and the wall part are moveable relative to the support into a maintenance configuration for carrying out a maintenance operation on at least one of the seat, the closure part and the wall part, the transfer configuration and the mixing chamber configuration being different to the maintenance configuration.
However De’Longhi ‘346 teaches a maintenance guide and a gate, the gate being configured to open and close the maintenance guide; and (De’Longhi ‘346, Fig. 5-6 shows pin 36 being slid along a guide defined by wall 47 and 48, with a longitudinal element 43, corresponding to the claimed gate, opening and closing the guide.)
at least one of the frame, the seat, the closure part and the wall part is/are configured: for interaction with the maintenance guide when the gate is open; to be prevented from passing the gate when the gate closes the maintenance guide; and (De’Longhi ‘080, Fig. 6 and 7 show that container device 2 interacts with the guide 11 when slide 9 and motor 13 disconnects container device 2 from water supply device 3; and [0089] “Moreover, after a certain time lapse following the connection between element 18 and portion 3a, the electronic processor will cut off the action of motion mechanism 2a.” This prevents the slide 9 and container device 2 from freely sliding along guide 11 while in operation.)
so that upon operational entry into the maintenance guide said at least one of the frame, the seat, the closure part and the wall part, is/are relatively movable along the maintenance guide such that at least one of the seat, the closure part and the wall part are moveable relative to the support into a maintenance configuration for carrying out a maintenance operation on at least one of the seat, the closure part and the wall part, the transfer configuration and the mixing chamber configuration being different to the maintenance configuration. (De’Longhi ‘080, Figs. 7-12 show that the container device 2 being movable along guide 11 and the idle position (see [0072]) shown in Fig. 6, 11 and 12 corresponds to the claimed maintenance configuration for carrying out maintenance operation on the container device; [0025] “FIG. 13 shows a schematic cross-section of a portion of the machine in a configuration wherein the waste coffee powder is expelled from the container device”; the transfer configuration shown in Fig. 7, the mixing chamber configuration shown in Fig. 9 and 10, are different than the maintenance operation of expelling the coffee powder shown in Fig. 13.)
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the beverage preparation machine claimed with the gate taught by De’Longhi ‘346. A person having ordinary skill in the art would have been motivated to make this modification in order to have more control over the guide responsible for the different configurations of the mixing unit disclosed by the reference application.
Claims 1, 8, 9, 11, 12 and 13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 6, 9 , 12 and 13 of copending Application No. 18006060 (reference application) in view of De’Longhi et al., US Patent Application Publication No. 9814346 B2 (De’Longhi ‘346).
Pending Claims
Reference Claims
Claim 1. A machine for handling a flavouring ingredient and preparing a beverage therefrom and serving said beverage via a dispensing outlet to a consumer having a mixing unit that comprises:
a support, such as a frame and/or housing, that is stationary during said handling of said flavouring ingredient;
a seat, such as a seat delimiting a substantially prismatic or cylindrical inner shape having a base having an ingredient opening configured to receive said flavouring ingredient unwrapped before mixing with said water;
a closure part configured to close and open the ingredient opening; and
a wall part that is movable inside the seat,
the seat, the closure part and the wall part being:
directly or indirectly mounted to the support; and relatively movable between:
a transfer configuration for supplying said flavouring ingredient into the seat and/or removing such ingredient upon beverage preparation; and
a mixing chamber configuration in which the seat and the closure part and the wall part form a mixing chamber fluidically connected with the water source, during beverage preparation, said flavouring ingredient being mixed with said water in the mixing chamber to form said beverage prior to serving thereof via the dispensing outlet, the mixing unit comprises
a maintenance guide and a gate, the gate being configured to open and close the maintenance guide; and at least one of the frame, the seat, the closure part and the wall part is/are configured:
for interaction with the maintenance guide when the gate is open; to be prevented from passing the gate when the gate closes the maintenance guide; and so that upon operational entry into the maintenance guide said at least one of the frame, the seat, the closure part and the wall part, is/are relatively movable along the maintenance guide such that at least one of the seat, the closure part and the wall part are moveable relative to the support into a maintenance configuration for carrying out a maintenance operation on at least one of the seat, the closure part and the wall part, the transfer configuration and the mixing chamber configuration being different to the maintenance configuration.
Claim 8. The machine of claim 6, wherein the seat is configured to move relatively to the support according to simultaneous and/or successive geometric translation and geometric rotation.
Claim 9. The machine of claim 1, wherein the mixing unit comprises said wall part actuator that is connected to the wall part by a wall part transmission.
Claim 11. The machine of claim 1, wherein, after an introduction into the seat's ingredient opening in the transfer configuration of at least one solid portion of a self-supporting agglomerate of said flavouring ingredient and subsequent relative movement from the transfer configuration into the mixing chamber configuration and prior to serving said beverage via the dispensing outlet, said control unit is configured to control a preconditioning of the flavouring ingredient by:
a portion break-up relative movement of the seat and the closure part and the wall part; and
a portion loosening supply of water from a or said water source into the mixing chamber.
Claim 12. A combination of a machine for handling a flavouring ingredient and preparing a beverage therefrom and serving said beverage via a dispensing outlet to a consumer receptacle having a mixing unit that comprises:
a support, such as a frame and/or housing, that is stationary during said handling of said flavouring ingredient;
a seat, such as a seat delimiting a substantially prismatic or cylindrical inner shape having a base having an ingredient opening configured to receive said flavouring ingredient unwrapped before mixing with said water;
a closure part configured to close and open the ingredient opening; and
a wall part that is movable inside the seat, the seat, the closure part and the wall part being: directly or indirectly mounted to the support; and relatively movable between:
a transfer configuration for supplying said flavouring ingredient into the seat and/or removing such ingredient upon beverage preparation; and
a mixing chamber configuration in which the seat and the closure part and the wall part form a mixing chamber fluidically connected with the water source, during beverage preparation, said flavouring ingredient being mixed with said water in the mixing chamber to form said beverage prior to serving thereof via the dispensing outlet, the mixing unit comprises
a maintenance guide and a gate, the gate being configured to open and close the maintenance guide; and at least one of the frame, the seat, the closure part and the wall part is/are configured: for interaction with the maintenance guide when the gate is open; to be prevented from passing the gate when the gate closes the maintenance guide; and so that upon operational entry into the maintenance guide said at least one of the frame, the seat, the closure part and the wall part, is/are relatively movable along the maintenance guide such that at least one of the seat, the closure part and the wall part are moveable relative to the support into a maintenance configuration for carrying out a maintenance operation on at least one of the seat, the closure part and the wall part, the transfer configuration and the mixing chamber configuration being different to the maintenance configuration and said flavouring ingredient for preparing said beverage in the machine.
Claim 13. A method of operating a machine comprising the steps of:
A) subjecting the machine to a maintenance operation by: opening a maintenance guide by a gate operating at least one of a frame, a seat, a closure part, a wall part and the maintenance guide so that at least one of the frame, the seat, the closure part and the wall part relatively enters the maintenance guide and moves therealong into a maintenance configuration; carrying out in the maintenance configuration a maintenance operation on at least one of the seat, the closure part and the wall part; and operating said at least one of the frame, the seat, the closure part, the wall part and the maintenance guide so that at least one of the frame, the seat, the closure part and the wall part relatively moves along the maintenance guide and exits thereof, and closing the maintenance guide by the gate;
B) handling a flavouring ingredient and preparing a beverage therefrom and serving said beverage via a dispensing outlet to a consumer receptacle by:
supplying said flavouring ingredient into the seat in said transfer configuration; in the mixing chamber configuration, mixing the ingredient with said water in said mixing chamber to form the beverage; and serving the beverage via the outlet.
Claim 1. A machine for handling a flavouring ingredient and preparing a beverage therefrom and serving said beverage via a dispensing outlet to a consumer receptacle comprising:
a support, such as a frame and/or housing, that is stationary during said handling of said flavouring ingredient
a seat having an ingredient opening configured to receive said flavouring ingredient unwrapped before mixing with said water;
a closure part configured to close and open the ingredient opening; and
a wall part that is movable inside the seat and dimensioned to be in sliding contact along and over inner boundaries of said inner shape of the seat at a seal that is stationary relative to the wall part and that seals the wall part against the inner shape, the seat, the closure part and the wall part being: directly or indirectly mounted to the support and relatively movable between:
a transfer configuration for supplying said flavouring ingredient into the seat and/or removing such ingredient upon beverage preparation; and
a mixing chamber configuration in which the seat and the closure part and the wall part form a mixing chamber fluidically connected with the water source, during beverage preparation, said flavouring ingredient being mixed with said water in the mixing chamber to form said beverage prior to serving thereof via the dispensing outlet, the mixing unit further comprises
a waste ingredient remover configured to remove
a waste ingredient from the ingredient opening upon beverage preparation and optionally after the waste ingredient having been pushed out of the opening by a corresponding relative movement of the wall part and the seat, for instance the remover having at least one of:
a drawer-type configuration for being deployed and retracted over the ingredient opening in the transfer configuration; and
a front face provided with a recessed part adjacent the ingredient opening in the transfer configuration to guide a supply of said ingredient into the seat in the transfer configuration.
Claim 4. The machine of claim 1, wherein the seat is configured to move relatively to the support according to simultaneous and successive geometric translation and geometric rotation.
Claim 6. The machine of claim 1, wherein the mixing unit comprises said wall part actuator that is connected to the wall part by a wall part transmission.
Claim 9. The machine of claim 1, wherein, after an introduction into the seat’s ingredient opening in the transfer configuration of at least one solid portion of a self-supporting agglomerate of said flavouring ingredient and subsequent relative movement from the transfer configuration, said control unit is configured to control a preconditioning of the flavouring ingredient by:
a portion break-up relative movement of the seat and the closure part and the wall part and
a portion loosening supply of water from a or said water source into the mixing chamber, such as by controlling a or said liquid driver.
Claim 12. A combination of a machine for handling a flavouring ingredient and preparing a beverage therefrom and serving said beverage via a dispensing outlet to a consumer receptacle comprising:
a support, such as a frame and/or housing, that is stationary during said handling of said flavouring ingredient;
a seat having an ingredient opening configured to receive said flavouring ingredient unwrapped before mixing with said water;
a closure part configured to close and open the ingredient opening; and
a wall part that is movable inside the seat and dimensioned to be in sliding contact along and over inner boundaries of said inner shape of the seat at a seal that is stationary relative to the wall part and that seals the wall part against the inner shape, the seat, the closure part and the wall part being: directly or indirectly mounted to the support; and relatively movable between:
a transfer configuration for supplying said flavouring ingredient into the seat and/or removing such ingredient upon beverage preparation; and
a mixing chamber configuration in which the seat and the closure part and the wall part form a mixing chamber fluidically connected with the water source, during beverage preparation, said flavouring ingredient being mixed with said water in the mixing chamber to form said beverage prior to serving thereof via the dispensing outlet, the mixing unit further comprises
a waste ingredient remover configured to remove a waste ingredient from the ingredient opening upon beverage preparation and optionally after the waste ingredient having been pushed out of the opening by a corresponding relative movement of the wall part and the seat, for instance the remover having at least one of: a drawer-type configuration for being deployed and retracted over the ingredient opening in the transfer configuration; and a front face provided with a recessed part adjacent the ingredient opening in the transfer configuration to guide a supply of said ingredient into the seat in the transfer configuration and a flavouring ingredient for preparing said beverage in the machine.
Claim 13. A method of handling a flavouring ingredient and preparing a beverage therefrom and serving said beverage via a dispensing outlet to a consumer receptacle, said method comprising:
providing a machine for handling a flavouring ingredient and preparing a beverage therefrom and serving said beverage via a dispensing outlet to a consumer receptacle comprising:
a support, such as a frame and/or housing, that is stationary during said handling of said flavouring ingredient;
a seat having an ingredient opening configured to receive said flavouring ingredient unwrapped before mixing with said water;
a closure part configured to close and open the ingredient opening; and
a wall part that is movable inside the seat and dimensioned to be in sliding contact along and over inner boundaries of said inner shape of the seat at a seal that is stationary relative to the wall part and that seals the wall part against the inner shape, the seat, the closure part and the wall part being: directly or indirectly mounted to the support; and relatively movable between:
a transfer configuration for supplying said flavouring ingredient into the seat and/or removing such ingredient upon beverage preparation; and
a mixing chamber configuration in which the seat and the closure part and the wall part form a mixing chamber fluidically connected with the water source, during beverage preparation, said flavouring ingredient being mixed with said water in the mixing chamber to form said beverage prior to serving thereof via the dispensing outlet, the mixing unit further comprises a waste ingredient remover configured to remove a waste ingredient from the ingredient opening upon beverage preparation and optionally after the waste ingredient having been pushed out of the opening by a corresponding relative movement of the wall part and the seat, for instance the remover having at least one of: a drawer-type configuration for being deployed and retracted over the ingredient opening in the transfer configuration, and a front face provided with a recessed part adjacent the ingredient opening in the transfer configuration to guide a supply of said ingredient into the seat in the transfer configuration; supplying said flavouring ingredient into a seat in a transfer configuration; in the mixing chamber configuration, mixing the ingredient with said water in said mixing chamber to form the beverage; and serving the beverage via said dispensing outlet.
Referring to pending claims 1, and 12 the reference application claims do not teach a maintenance guide and a gate, the gate being configured to open and close the maintenance guide; and at least one of the frame, the seat, the closure part and the wall part is/are configured: for interaction with the maintenance guide when the gate is open; to be prevented from passing the gate when the gate closes the maintenance guide; and so that upon operational entry into the maintenance guide said at least one of the frame, the seat, the closure part and the wall part, is/are relatively movable along the maintenance guide such that at least one of the seat, the closure part and the wall part are moveable relative to the support into a maintenance configuration for carrying out a maintenance operation on at least one of the seat, the closure part and the wall part, the transfer configuration and the mixing chamber configuration being different to the maintenance configuration.
However De’Longhi ‘346 teaches a maintenance guide and a gate, the gate being configured to open and close the maintenance guide; and (De’Longhi ‘346, Fig. 5-6 shows pin 36 being slid along a guide defined by wall 47 and 48, with a longitudinal element 43, corresponding to the claimed gate, opening and closing the guide.)
at least one of the frame, the seat, the closure part and the wall part is/are configured: for interaction with the maintenance guide when the gate is open; to be prevented from passing the gate when the gate closes the maintenance guide; and (De’Longhi ‘080, Fig. 6 and 7 show that container device 2 interacts with the guide 11 when slide 9 and motor 13 disconnects container device 2 from water supply device 3; and [0089] “Moreover, after a certain time lapse following the connection between element 18 and portion 3a, the electronic processor will cut off the action of motion mechanism 2a.” This prevents the slide 9 and container device 2 from freely sliding along guide 11 while in operation.)
so that upon operational entry into the maintenance guide said at least one of the frame, the seat, the closure part and the wall part, is/are relatively movable along the maintenance guide such that at least one of the seat, the closure part and the wall part are moveable relative to the support into a maintenance configuration for carrying out a maintenance operation on at least one of the seat, the closure part and the wall part, the transfer configuration and the mixing chamber configuration being different to the maintenance configuration. (De’Longhi ‘080, Figs. 7-12 show that the container device 2 being movable along guide 11 and the idle position (see [0072]) shown in Fig. 6, 11 and 12 corresponds to the claimed maintenance configuration for carrying out maintenance operation on the container device; [0025] “FIG. 13 shows a schematic cross-section of a portion of the machine in a configuration wherein the waste coffee powder is expelled from the container device”; the transfer configuration shown in Fig. 7, the mixing chamber configuration shown in Fig. 9 and 10, are different than the maintenance operation of expelling the coffee powder shown in Fig. 13.)
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the beverage preparation machine claimed with the gate taught by De’Longhi ‘346. A person having ordinary skill in the art would have been motivated to make this modification in order to have more control over the guide responsible for the different configurations of the mixing unit disclosed by the reference application.
Referring to pending claim 13, the reference application claims do not teach A) subjecting the machine to a maintenance operation by: opening a maintenance guide by a gate operating at least one of a frame, a seat, a closure part, a wall part and the maintenance guide so that at least one of the frame, the seat, the closure part and the wall part relatively enters the maintenance guide and moves therealong into a maintenance configuration; carrying out in the maintenance configuration a maintenance operation on at least one of the seat, the closure part and the wall part; and operating said at least one of the frame, the seat, the closure part, the wall part and the maintenance guide so that at least one of the frame, the seat, the closure part and the wall part relatively moves along the maintenance guide and exits thereof, and closing the maintenance guide by the gate.
However De’Longhi ‘346 teaches A) subjecting the machine to a maintenance operation by: opening a maintenance guide by a gate operating at least one of a frame, a seat, a closure part, a wall part and the maintenance guide so that at least one of the frame, the seat, the closure part and the wall part relatively enters the maintenance guide and moves therealong into a maintenance configuration; (De’Longhi ‘346, Fig. 5-6 shows pin 36 being slid along a guide defined by wall 47 and 48, with a longitudinal element 43, corresponding to the claimed gate, opening and closing the guide.)
carrying out in the maintenance configuration a maintenance operation on at least one of the seat, the closure part and the wall part; and (De’Longhi ‘346, Fig. 10 shows a maintenance operation being carried out as coffee 30 is ejected from the apparatus in the maintenance configuration.)
operating said at least one of the frame, the seat, the closure part, the wall part and the maintenance guide so that at least one of the frame, the seat, the closure part and the wall part relatively moves along the maintenance guide and exits thereof, and closing the maintenance guide by the gate (De’Longhi ‘346, Fig. 5-6 shows pin 36 being slid along a guide defined by wall 47 and 48, with a longitudinal element 43, corresponding to the claimed gate, opening and closing the guide.)
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the beverage preparation machine claimed with the gate taught by De’Longhi ‘346. A person having ordinary skill in the art would have been motivated to make this modification in order to have more control over the guide responsible for the different configurations of the mixing unit disclosed by the reference application.
Claims 1 and 8-12 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 8, 9 and 12 of copending Application No. 18006478 (reference application) in view of De’Longhi et al., US Patent Application Publication No. 9814346 B2 (De’Longhi ‘346).
Claims 1, 6, 8, 11 and 12 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 7 and 12 of copending Application No. 18006599 (reference application) in view of De’Longhi et al., US Patent Application Publication No. 9814346 B2 (De’Longhi ‘346).
Claims 1, 8-10 and 12 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 8 and 12 of copending Application No. 18006483 (reference application) in view of De’Longhi et al., US Patent Application Publication No. 9814346 B2 (De’Longhi ‘346).
Claims 1 and 8-12 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 8, 9 and 12 of copending Application No. 18006480 (reference application) in view of De’Longhi et al., US Patent Application Publication No. 9814346 B2 (De’Longhi ‘346).
Claims 1, 6, 8-12 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 8, 9, 12 and 13 of copending Application No. 18006181 (reference application) in view of De’Longhi et al., US Patent Application Publication No. 9814346 B2 (De’Longhi ‘346).
Claims 1, 8, 9, 11 and 12 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5, 6, 9 and 12 of copending Application No. 18006302 (reference application) in view of De’Longhi et al., US Patent Application Publication No. 9814346 B2 (De’Longhi ‘346).
Claims 1, 4, 8 and 10-12 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 7, 10 and 12 of copending Application No. 18006291 (reference application) in view of De’Longhi et al., US Patent Application Publication No. 9814346 B2 (De’Longhi ‘346).
Claims 1, 4, and 8-12 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4-6, 9, 12 and 13 of copending Application No. 18006170 (reference application) in view of De’Longhi et al., US Patent Application Publication No. 9814346 B2 (De’Longhi ‘346).
The rejection of these claims are similar to the analysis above.
These rejections are all provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
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/K.B.M./Examiner, Art Unit 3761
/JUSTIN C DODSON/Primary Examiner, Art Unit 3761