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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Claims 1-13 are still pending in this application, with claims 1 and 10 being independent.
Applicant’s election without traverse of Group I, claims 1-9 [drawn to a full automatic coffee machine] in the reply filed on 1/2/2026 is acknowledged. Claims 10-13 [drawn to a method for preparing a coffee beverage with a full automatic coffee apparatus] are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected Group II, there being no allowable generic or linking claim.
Where applicant elects claims directed to the product/apparatus, and all product/apparatus claims are subsequently found allowable, withdrawn process claims that include all the limitations of the allowable product/apparatus claims should be considered for rejoinder. All claims directed to a nonelected process invention must include all the limitations of an allowable product/apparatus claim for that process invention to be rejoined.
In the event of rejoinder, the requirement for restriction between the product/apparatus claims and the rejoined process claims will be withdrawn, and the rejoined process claims will be fully examined for patentability in accordance with 37 CFR 1.104. Thus, to be allowable, the rejoined claims must meet all criteria for patentability including the requirements of 35 U.S.C. 101, 102, 103 and 112. Until all claims to the elected product/apparatus are found allowable, an otherwise proper restriction requirement between product/apparatus claims and process claims may be maintained. Withdrawn process claims that are not commensurate in scope with an allowable product/apparatus claim will not be rejoined. See MPEP § 821.04. Additionally, in order for rejoinder to occur, applicant is advised that the process claims should be amended during prosecution to require the limitations of the product/apparatus claims. Failure to do so may result in no rejoinder. Further, note that the prohibition against double patenting rejections of 35 U.S.C. 121 does not apply where the restriction requirement is withdrawn by the examiner before the patent issues. See MPEP § 804.01.
Drawings
The drawings are objected to because of:
solid black shading areas in figs. 2, 3, 4A, 4B, and 5. See MPEP 608.02(V. DRAWING STANDARDS);
the following reference character(s) not mentioned in the description: 22 in fig. 2. See 37 CFR 1.84(p)(5).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The preliminary amendment filed 5/3/2023 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: The incorporation by reference of International Patent Application No. PCT/EP2021/080387, and European Patent Application No. 20205487.0 is ineffective as it was added on the date of entry into the national phase, which is after the filing date of the instant application. The filing date of this national stage application is the filing date of associated PCT, in this case 11/2/2021, see MPEP 1893.03(b). Therefore the specification amendment of 5/3/2023 to include the incorporation by reference is new matter, per MPEP 608.01(p). For the purposes of this office action, Examiner will interpret the disclosure as reciting “…
Claim Objections
Claim 8 is objected to because of the following informalities:
missing punctuation at end of sentence. Appropriate correction is required.
Claim Interpretation
Claim 2:
The limitation “a waste liquid collector” is used by the claim to indicate a conventional structure known in the art [i.e., a drain/draining pipe, see instant fig. 1, showing a conventional drain 8 configured to be connected to a drip tray/drain part; p. 6, lines 8-9: “Usually, the machine comprises a waste liquid collector and the channel outlet at the bottom wall surface of the rod is connected to said waste liquid collector, for example a drip tray.”; p. 7, lines 12-13: “The draining pipe can be configured to conduct water liquid to a drip tray or any drain part of the apparatus.”].
Claim 3:
The limitation “a driver” is used by the claim to indicate a conventional structure known in the art [a linear motion of a brewing chamber and pistons with, e.g., a motorized rack and pinion or worm driven system; p. 6, lines 24-25 “In one preferred embodiment, the brewing chamber is made movable by driving means. The driving means can be a rack or any other known means.”; p. 12, lines 25-26: “The coffee extraction unit 10 comprises driving means 6 to move vertically the chamber 1 up and down For example, the chamber 1 can be mounted on a worm drive by motor means.”]
Claim 5:
The limitation “friction member” is used by the claim to indicate a conventional structure known in the art [i.e., a seal, e.g., seated in a corresponding notch; figs. 2, 3, and 4A; p. 7, lines 5-8: “Preferably, in this preferred embodiment, the rod and/or the lower piston are provided with friction means to control their movement with respect to the internal walls of the brewing chamber. These means enable the lower piston to be maintained in one position with respect to the brewing chamber.”; p. 14, lines 33-34: “Usually a circular seal is positioned in the circumferential notch 33 to provide tightness during extraction”; p. 19, line 6: “friction means 33”]
Claim 7:
The limitation “driving means” is used by the claim to indicate a conventional structure known in the art [i.e., a motorized rack and pinion or worm driven system for converting the rotational motion of a motor into linear motion of, p. 6, lines 24-25; p. 12, lines 25-26]
Claim 8:
The limitation “discharge device” is used by the claim to indicate a conventional structure known in the art [i.e., mechanical removal/cleaning of, e.g., spent coffee grounds after a brewing process; p. 7, lines 19-22: “Generally the coffee extraction unit comprises a discharge device for extracted coffee powder (coffee cake). This discharge device is designed to swipe the area above the upper rim of the chamber by any rotation or translation movement when the lower piston is positioned at its highest position”; p. 13, lines 29-31: “The coffee extraction unit 10 comprises a discharge device 4 to sweep away a coffee cake that has been extracted (Figure 3). It is positioned slightly above the upper rim of the brewing chamber. Coffee cake that has been swept away is stored in a cake receiving section.”]
Claim Rejections - 35 USC § 112(b)
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.
Claims 1-9 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
Claim 1:
The limitation “said chamber” in line 3 lacks sufficient antecedent basis and will be interpreted as “[[said]]the brewing chamber” so as to match the language of claim 1, lines 6-7: “…the brewing chamber…”.
The limitation “the lateral wall surface of the rod” in line 18 and lines 20-21 lacks sufficient antecedent basis and will be respectively interpreted as “[[the]]a lateral wall surface of the piston rod”/“the lateral wall surface of the piston rod” so as to refer to “a piston rod” in line 15.
The limitation “the bottom wall surface of the rod” in lines 18-19 lacks sufficient antecedent basis, and will be interpreted as “[[the]]a bottom wall surface of the piston rod” so as to refer to “a piston rod” in line 15.
The limitation “the higher position” lacks sufficient antecedent basis, and will be interpreted as “the [[higher]]highest position” so as to refer to “a highest position” in line 13.
Claim 2:
The limitation “the bottom wall surface of the rod” in lines 2-3 lacks sufficient antecedent basis, and will be interpreted as “[[the]]a bottom wall surface of the piston rod” so as to refer to “a piston rod” in claim 1, line 15.
Claim 4:
The limitation “the rod” in line 4 lacks sufficient antecedent basis and will be interpreted as “the piston rod” so as to refer to “a piston rod” in claim 1, line 15.
The limitation “said piston” in line 5 lacks sufficient antecedent basis and will be interpreted as “[[said]]the upper piston” so as to refer to “the upper piston is fixed” in claim 4, line 3.
The limitation “said chamber” in line 5 lacks sufficient antecedent basis and will be interpreted as “[[said]]the brewing chamber” so as to match the language of claim 1, lines 6-7: “…the brewing chamber…”.
The limitation “the apparatus” in line 6 lacks sufficient antecedent basis and will be interpreted as “the [[apparatus]]machine” so as to refer to the “Full automatic coffee machine” in claim 1, line 1.
The limitation “the bottom end of the rod of the lower piston …” in lines 6-7 lacks sufficient antecedent basis and will be interpreted as “the free bottom end [[of the rod of the lower piston ]]…” so as to refer to “a free bottom end” in line 4.
The limitation “the bottom stop wall” lacks sufficient antecedent basis and will be interpreted as “the fixed bottom stop wall” so as to refer to “a fixed bottom stop wall” in line 6.
Claim 5:
The limitation “the rod” in line 2 lacks sufficient antecedent basis and will be interpreted as “the piston rod” so as to refer to “a piston rod” in claim 1, line 15.
The limitation “the lower pistons” in line 2 lacks sufficient antecedent basis and will be interpreted as “the lower [[pistons]]piston” so as to refer to “a lower piston” in claim 1, line 10.
The limitation “with respect to the internal walls of the brewing chamber” in line 3 lacks sufficient antecedent basis and will be interpreted as reciting “with respect to [[the ]]internal walls of the brewing chamber”.
Claim 6:
The limitation “the fixed bottom stop wall” in line 2 lacks sufficient antecedent basis and will be interpreted as referring to “a fixed bottom stop wall” in claim 4, line 6.
The limitation “the rod” in line 3 lacks sufficient antecedent basis and will be interpreted as “the piston rod” so as to refer to “a piston rod” in claim 1, line 15.
Claim 8:
The limitation “the apparatus” in line 2 lacks sufficient antecedent basis and will be interpreted as “the [[apparatus]]machine” so as to refer to the “Full automatic coffee machine” in claim 1, line 1.
Claim 9:
The limitation “the apparatus” in line 2 lacks sufficient antecedent basis and will be interpreted as “the [[apparatus]]machine” so as to refer to the “Full automatic coffee machine” in claim 1, line 1.
The limitation “said system” in line 3 lacks sufficient antecedent basis and will be interpreted as “[[said]]the pressurized hot water fluid system” so as to refer to “a pressurized hot water fluid system” in line 2.
Claims 2-9 are also rejected due to dependence on a rejected 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 1-3 and 5-9 are rejected under 35 U.S.C. 103 as being unpatentable over Dremmel (US 4457216 A) in view of Wang (US 20060156928 A1).
Regarding claim 1,
Dremmel discloses:
Full automatic coffee machine [col. 1, lines 10-20: “Coffee machines are known in a number of different embodiments. Some of these are automatic machines operating with two pistons moving synchronously…”] comprising a coffee extraction unit, said coffee extraction unit comprising:
a brewing chamber for receiving roasted and ground coffee powder [fig. 2: scalding chamber 8; col. 1, line 68-col. 2, line 3: “The space between the pistons 6 and 7 and the inside wall of the cylinder 5 defines a scalding chamber 8 destined to receive the coffee powder from which coffee is intended to be extracted.”], said chamber comprising an upper rim, a bottom wall and a water inlet [see fig. 2, showing formed by cylinder 5 and piston 7 as forming the chamber upper rim and chamber bottom wall, with passage 19 as a water inlet connected to water supply conduit 18],
an upper piston [fig. 2: piston 6], said upper piston being configured to be movable through the upper rim of the brewing chamber and inside the brewing chamber further to the relative movement of the brewing chamber and the upper piston [i.e., the synchronous/relative movement of the two pistons and chamber],
and said upper piston comprising a liquid outlet duct [see figs. 1, 2, and 6 showing channels 20’ and central passage 21 connected to coffee drain conduit 22 as a liquid outlet duct in the lower piston 7, wherein the upper piston 6 may also be configured with corresponding channels and passage; col. 3, lines 49-54: “A coffee machine in which said upper and lower pistons each have central passage and a plurality of distributor channels…”],
a lower piston movable inside said brewing chamber between:
a lowest position wherein the lower piston lies on the bottom wall of the brewing chamber [i.e., a loading or brewing position, e.g., see fig. 2, showing the lower piston 7 in a position adjacent a bottom wall portion of the cylinder 5; col. 3, lines 6-10: “Coffee is made by introducing loose coffee powder into the scalding chamber 8 between the two separately controlled pistons 6 and 7.”], and
a highest position wherein the lower piston is at the upper rim of the brewing chamber [i.e., a cleaning position, e.g., the lower piston relatively raised such that as much of the spent coffee can be removed; col. 3, lines 18-24: “Finally, the upper piston 6 is removed from the scalding chamber and the compressed coffee powder is pushed out of the upper end of cylinder 5 by sliding the lower piston 7 further into the scalding chamber.”],
the lower piston comprises a piston rod [i.e., lower piston 7], said piston rod extending through the bottom wall of the brewing chamber [see fig 2 showing lower piston 7 extending through the bottom wall of carrier plate 1 formed by cylinder 5], and the piston rod comprises an internal channel [see fig. 6 showing central passage 21 as an internal channel in lower piston 7] extending from a channel inlet at the lateral wall surface of the rod [see fig. 6, showing distributor channels 20’ on a surface of the lower piston rod 7, wherein it would have been an obvious matter of design choice to select the position of the channels such that at least one channel is arranged on a lateral wall surface of the piston rod, according to the requirements of the given application, e.g., whether the surface comprises a part of the brewing chamber; col. 3, lines 49-54: “…a plurality of distributor channels connecting said central passage to a surface of the piston comprising a part of said scalding chamber.”] to a channel outlet at the bottom wall surface of the rod [fig. 6: coffee drain conduit 22],
However, although Dremmel discloses modifying the location of distributor channels 20’ according to being fluidly connected to the chamber, and a cleaning process at least including the removal of spent coffee grounds, Dremmel does not elaborate on removal of any waste water, specifically not explicitly disclosing:
the channel inlet is designed and positioned on the lateral wall surface of the rod so that said channel inlet overlaps the bottom wall of the brewing chamber only when the lower piston is in the higher position
Wang, in the same field of endeavor [para. 0002: “This invention relates to an automatic coffee brewing apparatus and the control method thereof, more particularly, to a coffee brewing apparatus having an automatic cleaning function and the control method thereof.”; see fig. 1 showing a brewing position, fig. 2 showing a residue discharge position, and fig. 3 showing a coffee ground receiving position], teaches a cleaning method wherein waste water is removed [para. 0014: “after the brewed coffee has flowed out, the third port of the three-way connector is opened under the control of the control circuit, wherein waste water remaining in the brewing chamber is discharged from the third port of the three-way connector through the lower filter, the brewing chamber and the first port of the three-way connector.”], while lower filter 4 as a lower piston is in a higher position, ?? [see fig. 2, showing a lateral wall surface of the lower filter7 overlaps the bottom wall of brewing chamber 5; para. 0019: “After the brewed coffee has flowed out, the brewing core is rotated about the pivot axis under the control of the control circuit…under the control of the control circuit, the brewing core is rotated continuously to the position for receiving coffee grounds, and the third port of the three-way connector is opened; before the brewing chamber is returned to the position for receiving coffee grounds, under the control of the connecting rod connected at the bottom of the lower filter, the lower filter undergoes a quick return motion from the residue discharge position to the bottom inside the brewing chamber, which generates an impact to cause the waste water remaining in the brewing chamber under the filter to flush the filter, such that the waste water is discharged automatically and the filter is cleaned automatically.”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the machine of Dremmel such that Dremmel’s channel inlet is designed and positioned on the lateral wall surface of the piston rod so that said channel inlet overlaps the bottom wall of the brewing chamber only when the lower piston is in the higher position, as suggested by Wang, since Wang teaches a cleaning process wherein waste water is automatically drained and a filter is automatically cleaned when a piston rod is moved between a higher position and a lower position [para. 0020: “Thanks to the above technical scheme adopted in this invention, the filter can be cleaned automatically, and waste water can be discharged automatically, without the need to take the brewing core out for manual cleaning.”].
Regarding claim 2, Dremmel in view of Wang discloses the Full automatic coffee machine according to Claim 1.
Dremmel as modified by Wang further discloses:
wherein the machine comprises a waste liquid collector and the channel outlet at the bottom wall surface of the rod is connected to said waste liquid collector [fig. 4: drain pan 16 as the waste liquid collector of claim 2; para. 0034: “In addition, a drain pan 16 is provided, the water-proof cover 14 having a water collecting outlet opening to the drain pan 16.”].
Regarding claim 3, Dremmel in view of Wang discloses the Full automatic coffee machine according to Claim 1.
Dremmel as modified by Wang further discloses:
wherein the brewing chamber is made movable by a driver [Wang discloses a motor M3 for effecting the relative movement of the brewing chamber with the pistons; para. 0038: “The brewing core control circuit for controlling the rotational position of the brewing core comprises a motor M3 and a thyristor circuit T3, wherein one end of the motor M3 is connected to MCU via the thyristor circuit T3.”].
Regarding claim 5, Dremmel in view of Wang discloses the Full automatic coffee machine according to Claim 1.
Dremmel as modified by Wang further discloses:
wherein the rod and the lower pistons are provided with a friction member to control their movement with respect to the internal walls of the brewing chamber [Wang teaches a sealing ring as the friction member of claim 5; [para. 0016: “a sealing ring is disposed at the inner periphery of the through hole at the bottom of the brewing chamber to prevent the coffee grounds and water from flowing out from the gap at the periphery of the through hole.”].
Regarding claim 6, Dremmel in view of Wang discloses the Full automatic coffee machine according to Claim 1.
Dremmel further discloses:
wherein the fixed bottom stop wall comprises a channel [see fig. 2, showing the lower piston 7 held in a channel formed by at least closure plate 27 in carrier plate 2 as the fixed bottom stop wall] configured to connect the channel outlet of the internal channel of the rod with a draining pipe [i.e., the coffee drain conduit 22 of piston 7 as the draining pipe of claim 6; fig. 1].
Regarding claim 7, Dremmel in view of Wang discloses the Full automatic coffee machine according to Claim 1.
Dremmel further discloses:
wherein the brewing chamber is fixed [see the brewing chamber 8 formed by carrier plate 1, fixedly positioned by bolts 4; col. 1, lines 55-57: “The carrier plates 1, 2 are fixedly positioned in relation to the vertical rods by means of bolts 4”] and the upper and lower pistons are movable inside and out of the brewing chamber by driving means [col. 3, lines 1-3: “The pistons 6, 7 and the rack 35 for positioning the pivot member 16 are hydraulically actuated in independent manner.”].
Regarding claim 8, Dremmel in view of Wang discloses the Full automatic coffee machine according to Claim 1.
Dremmel further discloses:
wherein the apparatus comprises a discharge device for spent coffee [figs. 2-3: pivot member 16 as the discharge device of claim 1; claim 3, lines 21-24: “After the compressed coffee powder has been pushed out of cylinder 5 by lower piston 7, it is carried away by displacement of pivot member 16.”]
Regarding claim 9, Dremmel in view of Wang discloses the Full automatic coffee machine according to Claim 1.
Dremmel as modified by Wang further discloses:
wherein the apparatus comprises a pressurized hot water fluid system [Dremmel col. 3, lines 8-13: “Subsequent to introducing the loose coffee powder into the scalding chamber, the latter is closed by lowering upper piston 6 and hot water is supplied through the upper piston 6.”] comprising at least a water supply [fig. 1: a water reservoir 17], a water heating device [fig. 1: boiler 1] and a water pump [fig. 1: pump 18] wherein said system is connected to the water inlet of the brewing chamber [Wang teaches this conventional arrangement as capable of supplying the hot water to Dremmel’s upper piston 6, with a reasonable expectation of success; para. 0040: “Hot water from the boiler 1 flows top-down through the brewing chamber cover 2, the upper filter 3, the coffee grounds, the lower filter 4, the brewing chamber 5…”].
Claims 4 is rejected under 35 U.S.C. 103 as being unpatentable over Dremmel (US 4457216 A) in view of Wang (US 20060156928 A1) as applied to claim 3 above, and further in view of Fukushima (JP 2011167393 A).
Regarding claim 4, Dremmel in view of Wang discloses the Full automatic coffee machine according to Claim 3.
However, Dremmel as modified by Wang does not disclose:
wherein:
the upper piston is fixed,
the rod of the lower piston comprises a free bottom end located outside the brewing chamber and movable with said piston and said chamber,
the apparatus comprises a fixed bottom stop wall configured to contact the bottom end of the rod of the lower piston,
the movement of the lower piston depends on the movement of the brewing chamber and/or the contact of the free bottom end with the bottom stop wall or the contact of the lower piston with the upper piston.
Fukushima, in the same field of endeavor, teaches cap 35 as a fixed upper piston [see figs. 11-14; p. 8: “The ground beans (coffee raw material powder) charged into the extraction chamber 41 are sandwiched and compressed between the piston 34 located at the inner bottom and the cap 35 and compressed”], and piston 34 as a movable lower piston rod with a free bottom end 34B located outside a brewing chamber 41 [p. 8: “Coffee liquid extraction operation After the coffee raw material powder charging operation is completed, the controller C executes a coffee liquid extraction operation. In this coffee liquid extraction operation, the control device C rotates the motor 36 in the forward direction and raises the lifting unit 43 of the lifting device 32. As a result, the cylinder unit 31 attached to the elevating part 43 moves upward, and the lower end of the cap 35 is pushed into the upper surface opening 33 </ b> B of the cylinder 33”], and a fixed bottom stop wall 45 wherein the movement of the lower piston depends on the movement of the brewing chamber and/or the contact of the free bottom end with the bottom stop wall or the contact of the lower piston with the upper piston [p. 8: “By the lowering operation of the elevating part 43, first, the lower end (lower end part 34B) of the piston 34 positioned at the lowermost end of the cylinder unit 31 comes into contact with a predetermined wall surface, in this embodiment, the base 45, and further the lowering operation. Is continued, and the piston 34 rises in the cylinder 33 (state shown in FIG. 14).”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the machine of Dremmel and Wang such that the upper piston is fixed, the rod of the lower piston comprises a free bottom end located outside the brewing chamber and movable with said piston and said chamber, the apparatus comprises a fixed bottom stop wall configured to contact the bottom end of the rod of the lower piston, the movement of the lower piston depends on the movement of the brewing chamber and/or the contact of the free bottom end with the bottom stop wall or the contact of the lower piston with the upper piston, as suggested by Fukushima, since Fukushima teaches this arrangement as effective in brewing coffee and discharging spent coffee grounds [i.e., moving the machine to a loading position, brewing position, and cleaning position].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE J EVANGELISTA whose telephone number is (571)272-6093. The examiner can normally be reached Monday - Friday, 9am - 5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edward F 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.
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/THEODORE J EVANGELISTA/Examiner, Art Unit 3761 /EDWARD F LANDRUM/Supervisory Patent Examiner, Art Unit 3761
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