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 .
Priority
The claim to priority as a 371 filing of PCT/EP2021/079068, filed on October 20, 2021, which claims benefit to EP 20203145.6, filed on October 21, 2020 is acknowledged in the instant application.
Information Disclosure Statement
The Information Disclosure Statement filed on April 19, 2023 and April 26, 2023 have been considered by the Examiner.
Claim Rejections - 35 USC § 102
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 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(s) 1-3, 5 and 14-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Talon et al. (US Pat. 8,978,542) (new cited).
Regarding claim 1, Talon et al. discloses a beverage preparation machine, with an outlet (4a) for dispensing a prepared beverage, a receiving area (via drip tray 38) for receiving a vessel (40) for receiving the prepared beverage, a platform (38) which delimits the receiving area on the side opposite the outlet (4a) and on which the vessel (40) can be placed while the beverage is being prepared, wherein at least a section of the platform (38) on which the vessel (40) is placed during preparation of the beverage is made of an elastomer (Fig. 7b; Col. 14, Lines 59-65).
Regarding claim 2, Talon et al. discloses the platform (38) is made of entirely of the elastomer (Fig. 7b; Col. 14, Lines 59-65).
Regarding claim 3, Talon et al. discloses the elastomer comprises rubber (Col. 14, Lines 59-65).
Regarding claim 5, Talon et al. discloses the platform (38) is formed as a single piece (Fig. 7b).
Regarding claims 14-15, Talon discloses the beverage preparation is a coffee machine; and is a capsule coffee machine (via capsule 30) (Fig. 1).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Talon et al. (US Pat. 8,978,542) in view of Jin (KR 10-2160366) (new cited).
Regarding claim 4, Talon et al. discloses substantially all features of the claimed invention as set forth above including the platform (38) is comprises rubber (Fig. 7b; Col. 14, Lines 59-65) except the platform is made of a silicone. Jin discloses the drip tray (162) is made of silicon (Fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Talon et al., the platform is made of a silicone, as taught by Jin, for the purpose of preventing deformation due to hot water/beverage.
Claim(s) 6-8 and 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Talon et al. (US Pat. 8,978,542) in view of Miller (US Pat. 9,844,293) new cited).
Regarding claims 6-8, Talon et al. discloses substantially all features of the claimed invention as set forth above including the platform (38) has a few ridges (Fig. 7b; Col. 14, Lines 59-65) except the platform is equipped with at least one opening, with several opening; and has a grid-like structure. Miller discloses the platform (30) is equipped with at least one opening (34), with several opening; and has a grid-like structure (Fig. 4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Talon et al., the platform is equipped with at least one opening, with several opening; and has a grid-like structure, for the purpose of allowing excess liquid to flow to the compartment.
Regarding claim 12, Miller discloses the beverage preparation machine includes a collection receptacle (36, 38) for catching liquid issuing from the outlet (18) and that the platform (30) is located between the collection receptacle and the receiving area (Fig. 1, 3 and 10-11; Col. 4, Lines 33-48).
Regarding claim 13, Miller discloses the collection receptacle (36, 38) includes support elements on which the platform (30) can be placed (Fig. 3-5 and 8-12).
Regarding claim 14, Miller discloses the beverage preparation (Fig. 1) is a coffee machine.
Claim(s) 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Talon et al. (US Pat. 8,978,542).
Regarding claims 9-11, Talon et al. discloses substantially all features of the claimed invention as set forth above including the platform (38 or 3a) (Fig. 1, 5 and 7b) except the platform has a thickness of at least 5 mm, at least 10 mm or at least 20 mm. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Talon et al., the platform has a thickness of at least 5 mm, at least 10 mm or at least 20 mm, for the purpose of suitable to the user to have the platform has a thickness of at least 5 mm for capable to handle the weight of the vessel and the beverage. The courts have held that where general condition of claim is disposed in the prior art (Fig. 1, 5 and 7b; platform 3a or 38), it is not inventive to discover the optimum or workable range (MPEP 2144.05 IIa).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUNG D NGUYEN whose telephone number is (571)270-7828. The examiner can normally be reached Mon-Fri 9AM - 9PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edward Landrum can be reached at (571)272-5567. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HUNG D NGUYEN/Primary Examiner, Art Unit 3761
HUNG D. NGUYEN
Primary Examiner
Art Unit 3761