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 1-17 are objected to because of the following informalities:
Claim 1 recites “Capsule for…” which should be amended to “A capsule for…”
Claims 2-15 recite “Capsule for…” which should be amended to “The capsule for…”
Claim 16 recites “System for…” which should be amended to “A system for…”
Claim 17 recites “System for…” which should be amended to “The system for…”
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 1-17 are 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.
The term “substantially” in claims 1 and 16 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In claims 1 and 16, the limitations “substantially rigid” are indefinite, but for purposes of examination are understood to be “
The term “mainly” in claim 13 is a relative term which renders the claim indefinite. The term “mainly” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The limitation of “mainly made from aluminum” is indefinite, but for purposes of examination, the limitation is taken to be “
Claim 13 recites the limitation “between mm and 1.5 mm.” It is unclear what the range is between as the starting number is missing. For purposes of examination the limitation is understood to be “between 0.05 mm and 1.5 mm” in accordance in applicant’s specification [0033].
Claim 16 recites the limitation "the exchangeable capsule comprises a substantially rigid capsule body…" in lines 28-43. It is unclear whether the exchangeable capsule in lines 28-43 of the claim is the same as “an exchangeable capsule” in lines 1-23 of the claim given that the recitation of limitations in lines 28-43, such as “a substantially rigid capsule body having a circumferential sidewall…,” “a rigid base wall…,” “a lid…,” and similar limitations are recited twice, once as part of lines 1-23 and after “an exchangeable capsule” and a second time as part of lines 28-43 as part of “the exchangeable capsule.” It is unclear whether the limitations of lines 28-43 are different components than the same limitations recited in lines 1-23, but for purposes of examination, the limitations are taken to be the same.
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.
Claims 1-17 are rejected under 35 U.S.C. 103 as being unpatentable over Kamerbeek (US20160068335) in view of Kim (WO2003073896A1) and further in view of Safai (US20130045307A1).
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Fig. 2 of Kammerbeek
Regarding claim 1, Kamerbeek teaches Capsule (2) for preparing a beverage comprising
a substantially rigid capsule body (2) having a circumferential sidewall (14) extending around an inner space (23) of the capsule, said inner space being at least partially filled with a beverage ingredient suitable for preparing the beverage ([0074] inner space 23 comprising the beverage ingredient such as roast and ground coffee),
a rigid base wall (16), integral with the capsule body (2), the base wall (16) covering the inner space (23) at a first end of the sidewall (14),
a flange (15) arranged circumferentially around an open side of the capsule (2) at a second end of the sidewall (14) of the base body opposite the base wall (16),
a carrier disk (24),
said carrier disk (24) comprising multiple preformed outlet openings (25) suitable for draining the prepared beverage from the inner space (23) towards the outside of the capsule (2) when the capsule is used in the beverage preparation device (1); and
the carrier disk comprises between 50 and 150 outlet openings ([0076] multilayer foil 24 preferably comprises 50-250 openings 25)
and the open surface ratio of the carrier disk is higher than 4% ([0019, 0042] open surface of the foil formed by a total surface of the exit openings is between 0.4-49.1 mm² where given that the total closed surface of the carrier disk has a diameter of 28-30 mm, with an area of 615.8-706.9 mm²), the ratio of total surface of exit opening to the area of the carrier disk that does not have an exit opening (566.7 to 706.5 mm²) is greater than 4%, and ranges from 0.07% to 6.945%).
Kammerbeek is silent on a lid covering the inner space and the open side of the capsule at a second end of the sidewall opposite the base wall and tightly closing the capsule, the lid being removably attached to the flange for use of the capsule in a beverage preparation device, and
a filter element positioned in the inner space of the capsule between the beverage ingredient and the lid; and
a carrier disk provided in the inner space of the capsule,
the carrier disk is positioned in the inner space of the capsule between the lid and the filter.
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Fig. 2a-2b and 2f of Kim
Kim teaches a lid (59) covering the inner space (inner space of body 20) and the open side of the capsule at a second end of the sidewall opposite the base wall (Fig. 2a-2b) and tightly closing the capsule (Pg. 7 lines 5-15 screen 59 strongly bonded to the body 20),
the lid (59) being removably attached to the flange (22) for use of the capsule (20) in a beverage preparation device (Pg. 11 lines 1-10 screen 59 is removed during extraction of the contents), and
a filter element (71) positioned in the inner space (inner space of 20) of the capsule (20) between the beverage ingredient (coffee grounds, Fig. 2f) and the lid (59); and
the carrier disk (30) is positioned in the inner space of the capsule between the lid (59) and the filter (71, Fig. 2f).
Kammerbeek and Kim are considered to be analogous to the claimed invention because they are in the same field of beverage capsules. It would have been obvious to have modified Kammerbeek to incorporate the teachings of Kim to have a removable lid for isolating the contents of the capsule until the beverage is ready to be brewed (Kim Pg. 5 lines 10-17) and to have a filter and a carrier disk between the filter and the lid in order to reduce a discharge amount of unnecessary substances by absorbing coffee oil remaining inside coffee as well as provide the filtering function (Kim Pg. 17 lines 1-15).
Kammerbeek and Kim are silent on the carrier disk is positioned in the inner space of the capsule.
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Fig. 3 of Safai
Safai teaches the carrier disk (70) is positioned in the inner space (3) of the capsule (10, Fig. 3).
Kammerbeek, Kim, and Safai are considered to be analogous to the claimed invention because they are in the same field of beverage capsules. It would have been obvious to have modified Kammerbeek and Kim to incorporate the teachings of Safai to have the carrier disk in the inner space of the capsule to provide additional support for the capsule to prevent deformation and allowing for flow of the brewed beverage out of the capsule (Safai [0031]).
Regarding claim 2, Kammerbeek, Kim, and Safai teach capsule for preparing a beverage according to claim 1, and Kammerbeek teaches wherein the carrier disk comprises preferably between 70 and 120 outlet openings ([0076] multilayer foil 24 preferably comprises 50-250 openings 25).
Regarding claim 3, Kammerbeek, Kim, and Safai teach capsule for preparing a beverage according to claim 1, and Kammerbeek teaches wherein the open surface ratio of the carrier disk is comprised between 4% and 15% ([0019, 0042] open surface of the foil formed by a total surface of the exit openings is between 0.4-49.1 mm²; where given that the total closed surface of the carrier disk has a diameter of 28-30 mm, with an area of 615.8-706.9 mm²), the ratio of total surface of exit opening to the area of the carrier disk that does not have an exit opening (566.7 to 706.5 mm²) ranges from 0.07% to 6.945%).
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Fig. 10B of Kammerbeek
Regarding claim 4, Kammerbeek, Kim, and Safai teach capsule for preparing a beverage according to claim 1, and Kammerbeek teaches wherein the outlet openings (25) are calibrated circular or oblong openings (Fig. 10b shown to be circular).
Regarding claim 5, Kammerbeek, Kim, and Safai teach capsule for preparing a beverage according to claim 1, and Kammerbeek teaches wherein the outlet openings have a diameter comprised between 0.4 mm and 3 mm ([0076] an average opening diameter may be between 0.1 mm and 0.5 mm).
Regarding claim 6, Kammerbeek, Kim, and Safai teach capsule for preparing a beverage according to claim 1, and Kammerbeek teaches wherein the outlet openings (25) are homogeneously distributed on the surface of the carrier disk ([0085]Fig. 10b homogenously distributed).
Regarding claim 7, Kammerbeek, Kim, and Safai teach capsule for preparing a beverage according to claim 1, and Kammerbeek teaches wherein each outlet opening is spaced apart from adjacent outlet opening ([0085] Fig. 10b), but does not teach wherein each outlet opening is spaced apart from adjacent outlet opening of a distance comprised between 0.5 mm and 3 mm.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention as taught by the combination of Kammerbeek, Kim, and Safai to have a distance between adjacent outlets be between 0.5 mm and 3 mm since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, the device of XXXX would not operate differently with the claimed distance given the parameters of the outlets and the diameter of the carrier are within the same parameters and diameters of the instant application. Further, it appears that applicant places no criticality on the range claimed, indicating simply that the diameter “may” be within the claimed ranges (specification pp. [0138]).
Regarding claim 8, Kammerbeek, Kim, and Safai teach capsule for preparing a beverage according to claim 1, and Kammerbeek teaches to be extracted in a beverage preparation device (1) comprising an extraction plate (10, 30, 32) with tearing surfaces (30),
wherein less than 10% of the outlet openings (25) of the carrier disk (24) are directly facing the tearing surfaces (30) of the extraction plate (10, Fig. 2 where 5 tearing surfaces are shown, so less than 10% of the 50-250 could face the tearing surfaces).
Regarding claim 9, Kammerbeek, Kim, and Safai teach capsule for preparing a beverage according to claim 1, and Kammerbeek teaches wherein the carrier disk (24) has a generally circular shape (Fig. 10b) with a diameter comprised between 28.5 mm and 30.5 mm ([0042] diameter of the inner space near the foil is about 28-30 mm).
Regarding claim 10, Kammerbeek, Kim, and Safai teach capsule for preparing a beverage according to claim 9, and Kammerbeek teaches wherein the carrier disk (24) is void of outlet openings on its external perimeter over a distance of at least 1 mm (Fig. 10A,B [0097-0098] void of outlets in a space between D' and F' where D' has a diameter of 22.5 mm and F' has a diameter 24mm, so the space between is 1.5mm).
Regarding claim 11, Kammerbeek, Kim, and Safai teach capsule for preparing a beverage according to claim 1, and Kammerbeek teaches wherein the thickness of the carrier disk (24) is comprised between mm and 1.5 mm ([0011] filter layer may have a thickness of approximately between 10 μm-1 mm).
Regarding claim 12, Kammerbeek, Kim, and Safai teach capsule for preparing a beverage according to claim 1, but Kammerbeek and Safai are silent on wherein the carrier disk is made of aluminum.
Kim teaches wherein the carrier disk is made of aluminum (Pg. 4 line 24- Pg. 5 line 15 the cover being made of aluminum, aluminum/plastic composite, aluminum/plastic/paper composite).
It would have been obvious to have modified Kammerbeek and Safai to incorporate the teachings of Kim to have the carrier disk be made of aluminum so that it is impermeable against oxygen and fluid (Kim Pg. 5 lines 1-15).
Regarding claim 13, Kammerbeek, Kim, and Safai teach capsule for preparing a beverage according to claim 1, but Kammerbeek and Safai are silent on wherein the capsule body, the lid, and the carrier disk are each mainly made from aluminum.
Kim teaches wherein the capsule body, the lid (Pg. 11 lines 1-13 screen 59 is made of aluminum films or sheets, or a multilayer film), and the carrier disk are each mainly made from aluminum (Pg. 4 line 24- Pg. 5 line 15 the body and the cover being made of aluminum, aluminum/plastic composite, aluminum/plastic/paper composite).
It would have been obvious to have modified Kammerbeek and Safai to incorporate the teachings of Kim to have the capsule body, lid, and carrier disk be made of aluminum so that they are impermeable against oxygen and fluid (Kim Pg. 5 lines 1-15).
Regarding claim 14, Kammerbeek, Kim, and Safai teach capsule for preparing a beverage according to claim 1, and Kammerbeek teaches wherein the carrier disk is made of plastic or of a laminated plastic element ([0014] filter layer 24 material may comprise a plastic).
Regarding claim 15, Kammerbeek, Kim, and Safai teach capsule for preparing a beverage according to claim 1, and Kammerbeek teaches where in the beverage ingredient comprises ground coffee in an amount of at least 4 g ([0074] capsule body may be filled with approximately 4-11 grams of roast and ground coffee).
Regarding claim 16, Kammerbeek teaches system for preparing a beverage comprising an exchangeable capsule (2) comprising
a substantially rigid capsule body (2) having a circumferential sidewall (14) extending around an inner space (23) of the capsule, said inner space being at least partially filled with a beverage ingredient suitable for preparing the beverage ([0074] inner space 23 comprising the beverage ingredient such as roast and ground coffee),
a rigid base wall (16), integral with the capsule body (2), the base wall (16) covering the inner space (23) at a first end of the sidewall (14),
a flange (15) arranged circumferentially around an open side of the capsule (2) at a second end of the sidewall (14) of the base body opposite the base wall (16),
a carrier disk (24)
said carrier disk (24) comprising multiple preformed outlet openings (25) suitable for draining the prepared beverage from the inner space (23) towards the outside of the capsule (2) when the capsule is used in the beverage preparation device (1); and
the carrier disk comprises between 50 and 150 outlet openings ([0076] multilayer foil 24 preferably comprises 50-250 openings 25)
and the open surface ratio of the carrier disk is higher than 4% ([0019, 0042] open surface of the foil formed by a total surface of the exit openings is between 0.4-49.1 mm²) where given that the total closed surface of the carrier disk has a diameter of 28-30 mm, with an area of 615.8-706.9 mm²), the ratio of total surface of exit opening to the area of the carrier disk that does not have an exit opening (566.7 to 706.5 mm²) is greater than 4%, and ranges from 0.07% to 6.945%)
and a beverage preparation device with a fluid dispensing device (5) capable of feeding an amount of a fluid (13),
with a pressure between 0.1 bar and 20 bar to the capsule ([0109] being extracted with a fluid under a pressure of 4-20 bar),
and with a brewing chamber (6),
comprising a first part (8) for holding the capsule (2) and a second part (10) for closing the brew chamber (6, Fig. 2),
wherein the exchangeable capsule (2) comprises
a substantially rigid capsule body (2) having a circumferential sidewall (14) extending around an inner space (23) of the capsule, said inner space being at least partially filled with a beverage ingredient suitable for preparing the beverage ([0074] inner space 23 comprising the beverage ingredient such as roast and ground coffee),
a rigid base wall (16), integral with the capsule body (2), the base wall (16) covering the inner space (23) at a first end of the sidewall (14),
which base wall (16) is pierced in use by at least one knife (12) of the fluid dispensing device (5) for the beverage preparation device for feeding the amount of fluid ([0073]),
a carrier disk (24) comprising between 50 and 150 outlet openings ([0076] multilayer foil 24 preferably comprises 50-250 openings 25)
suitable for draining the prepared beverage from the inner space (23) when the capsule (2) is used in the beverage preparation device (1)
wherein the second part (10) of the brewing chamber comprises an extraction plate (10, 30, 32) for engaging with the exchangeable capsule (2) at the second end of the sidewall when the brew chamber (6) holding the capsule is closed,
the extraction plate (10) comprising a tearing surface (30) with pyramidal elements facing, in use, the carrier disk (24) at the second end of the capsule (2), and
wherein, in use, less than 10% of the outlet openings (25) are directly facing the pyramidal elements (30) of the tearing surface of the extraction plate (10, Fig. 2 where 5 tearing surfaces are shown, so less than 10% of the 50-250 could face the tearing surfaces).
Kammerbeek is silent on a lid covering the inner space and the open side of the capsule at a second end of the sidewall opposite the base wall and tightly closing the capsule, the lid being removably attached to the flange for use of the capsule in a beverage preparation device, and
a filter element positioned in the inner space of the capsule between the beverage ingredient and the lid; and
a carrier disk provided in the inner space of the capsule,
the carrier disk is positioned in the inner space of the capsule between the lid and the filter.
the exchangeable capsule comprising a lid covering the inner space at a second end of the circumferential wall opposite the base wall and tightly closing the capsule before use,
wherein the lid is removed from the capsule when the capsule is used in the beverage preparation device
and a carrier disk positioned in the inner space of the capsule.
Kim teaches a lid (59) covering the inner space (inner space of body 20) and the open side of the capsule at a second end of the sidewall opposite the base wall (Fig. 2a-2b) and tightly closing the capsule (Pg. 7 lines 5-15 screen 59 strongly bonded to the body 20),
the lid (59) being removably attached to the flange (22) for use of the capsule (20) in a beverage preparation device (Pg. 11 lines 1-10 screen 59 is removed during extraction of the contents), and
a filter element (71) positioned in the inner space (inner space of 20) of the capsule (20) between the beverage ingredient (coffee grounds, Fig. 2f) and the lid (59); and
the carrier disk (30) is positioned in the inner space of the capsule between the lid (59) and the filter (71, Fig. 2f),
the exchangeable capsule comprising a lid (59) covering the inner space (inner space of body 20) and the open side of the capsule at a second end of the sidewall opposite the base wall (Fig. 2a-2b) and tightly closing the capsule (Pg. 7 lines 5-15 screen 59 strongly bonded to the body 20),
wherein the lid (59) is removed from the capsule (1) when the capsule is used in the beverage preparation device (Pg. 11 lines 1-10 screen 59 is removed during extraction of the contents),
It would have been obvious to have modified Kammerbeek to incorporate the teachings of Kim to have a removable lid for isolating the contents of the capsule until the beverage is ready to be brewed (Kim Pg. 5 lines 10-17) and to have a filter and a carrier disk between the filter and the lid in order to reduce a discharge amount of unnecessary substances by absorbing coffee oil remaining inside coffee as well as provide the filtering function (Kim Pg. 17 lines 1-15).
Kammerbeek and Kim are silent on the carrier disk is positioned in the inner space of the capsule and a carrier disk positioned in the inner space of the capsule.
Safai teaches the carrier disk (70) is positioned in the inner space (3) of the capsule (10, Fig. 3) and a carrier disk (70) is positioned in the inner space (3) of the capsule (10, Fig. 3).
It would have been obvious to have modified Kammerbeek and Kim to incorporate the teachings of Safai to have the carrier disk in the inner space of the capsule to provide additional support for the capsule to prevent deformation and allowing for flow of the brewed beverage out of the capsule (Safai [0031]).
Regarding claim 17, Kammerbeek, Kim and Safai teach system for preparing a beverage according to claim 16, and Kammerbeek teaches wherein the extraction of the beverage ingredient is an extraction at a pressure below 8 bars ([0109] being extracted with a fluid under a pressure of 4-20 bar).
Conclusion
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/ABIGAIL H RHUE/Examiner, Art Unit 3761 3/4/2026
/VY T NGUYEN/Examiner, Art Unit 3761