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
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. IT102020000030392, filed on 12/10/2020.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claims 2, 7, and 13 are objected to because of the following informalities:
Claim 2 states, “washing water”. The washing water should instead be “washing liquid” in order to match the limitation presented in the parent claim 1.
Claim 7 states, “the suction line” first without describing that there is “a suction line”. The first instance of the suction line should use “a” in order to prevent lack of antecedent basis issues.
Claim 13 states, “comprising the milk module of any one of claim 7”. Claim 13 only depends on claim 7 so there shouldn’t be the phrase, “any one of”. Instead, claim 13 should state, “comprising the milk module of claim 7”.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“electronic control unit” in Claims 7, 11 and 12
The generic placeholder is “control unit” and the functional language attributed the “control unit” includes: “configured to cause the milk module to operation”, and “configured to operate the milk module”.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
Reference is made to the Specification filed on 06/09/2023.
Regarding the electronic control unit, Page 6, “electronic control unit 32 opens the valve 14”, where the electronic control unit 32 is assumed to be a regular controller capable of operating valves to open or close
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 5 and 11-12 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, or for pre-AIA the applicant regards as the invention.
Claim 5 recites the limitations “the dispensing outlet” in the last line. There is insufficient antecedent basis for these limitations in the claim. For examination purposes, claim 5 will be read as “the dispensing outlet” equating to a dispensing outlet. This would mean that the milk dispensing duct has an outlet that is a dispensing outlet.
Regarding claim 11, line 5, the phrase “first washing mode, preferably either between two successive production cycles or after a certain period of time”, it is unclear if the limitation following the word “preferably” is a necessary part of the claim.
For the purposes of substantive examination, the first washing mode will be assumed to occur after a certain period of time.
Regarding claim 12, second line, the phrase “second washing mode, preferably at the end of the daily service”, it is unclear if the limitation following the word “preferably” is a necessary part of the claim.
For the purposes of substantive examination, the second washing mode will be assumed to be a mode that can be operated at any time.
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 1-2 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Epping (CN 110833331 A) in view of Toriumi et al. (CN 110234598 A, hereinafter Toriumi).
Regarding claim 1, Epping discloses a dispensing nozzle (Page 6, Para. 3, “the manifold valve 23”) for a milk module (Page 6, Para. 3, “invention for preparing liquid, especially the device of milk 1 stored in the first storage 12 of one type of milk and stored in corresponding second milk or milk substitute storage of the other type 14.”) for producing hot or cold, foamed or smooth milk (Page 6, Para. 4 from end, “it can produce warm or hot milk and/or milk foam, using the heating element closing 34 can the cold milk or milk foam is conducted to the outlet 24.”), and integrable in a machine for producing milk-based beverages (Page 1, last Para., “preparing a liquid, in particular milk with device of integrated washing system”, where the dispensing nozzle or manifold valve 23 with ducts for transporting liquid is part of the liquid preparation apparatus);
the dispensing nozzle comprises a collector body having an internal chamber (Page 4, Para. 3 from end, “In particular, manifold valve between the inlet and the outlet of the pipeline is dimensioned so that the pipeline only has a small filling volume, preferably between 3ml and 2ml.”, where the small filling volume is the internal chamber within the manifold valve) and comprising at least one inlet connector (Page 6, Para. 3, “18 connected to the outlet 24 via a single outlet line 22 at the pressure side of the pump, at the exit can transfer preparation of the corresponding milk or milk foam. before the outlet 24, the manifold valve 23 arranged in the outlet line 22”, where the outlet line 22 brings in milk to the manifold valve 23 and connection between the manifold valve and the outlet line is construed as the inlet connector), an outlet connector, and a milk dispensing duct through which hot or cold, foamed or smooth milk is dispensed in a container (Page 4, Para. 3 from end, “the manifold valve to the outlet line is selectively connected to a nozzle for discharge of irrigation fluid and via a pipeline connected to the outlet at the outlet can distribute liquid preparation.”, where the nozzle for discharge of irrigation fluid is 25 and the connection between the line 25 and the manifold valve 23 is construed as the outlet connector, where the outlet that distributes liquid preparation is 27 and the connection between the line 27 and the manifold valve 23 is construed as the milk dispensing duct);
the inlet connector is designed to be connected to a supply line to receive therefrom milk when the milk module is caused to operate in a production mode (Page 6, Para. 3, “in the milk suction line 16 arranged is designated as a third check valve 20, the check valve opening on the direction of the pump 18. 18 connected to the outlet 24 via a single outlet line 22 at the pressure side of the pump, at the exit can transfer preparation of the corresponding milk or milk foam.”), and a washing liquid when the milk module is caused to operate in a washing mode (Page 7, Para. 2, “Therefore, conducting milk components, such as milk suction line 16, a pump 18, a heating element 34, a flow restrictor 36 and comprises a straight to the outlet 24 of the pipeline 27 the outlet line 22, and the outlet 24 can be loaded with a flushing fluid, so as to open the flushing valve 40”); and
the outlet connector is in fluid communication with the chamber to receive therefrom the washing liquid when the milk module is caused to operate in the washing mode to supply the washing liquid (Claim 7, “the manifold valve to the outlet line (22) selectively connected to the nozzle (25) and outlet (24) for discharging the flushing fluid at said outlet capable of dispensing a liquid preparation.”);
the inlet connector, the outlet connector and the milk dispensing duct open into the chamber (Fig. 1, where the inlet connector 22, outlet connector 25, and milk dispensing duct 27 are all connected to the manifold valve 23, where the three ducts 22, 25, and 27 would open into the valve in order to allow fluid to travel into and out of the valve 23) and are arranged so that the outlet connector substantially faces the inlet connector in a direction of supply of the washing liquid into the chamber (Fig. 1, where the outlet connector 25 is located 90 degrees from the inlet connector 22 and faces the direction of the washing liquid into the chamber as the washing liquid is able to enter into the outlet connector 25), and the milk dispensing duct is arranged so that the washing liquid may flow therein in a direction substantially transversal to said direction of supply (Fig. 1, where the milk dispensing duct 27 is located traverse the direction of washing liquid supply as the washing liquid is supplied horizontally and the milk dispensing duct 27 is located vertically), so as to result in the outlet connector representing a preferred path for the washing liquid with respect to the milk dispensing duct (Fig. 1, where the washing liquid would prefer exiting the outlet connector 25 when all the outlets are open as gravity brings the washing liquid downwards, where the milk dispensing duct is located above the washing liquid horizontal location and would require going against gravity).
Modified Epping does not disclose:
where the outlet connector supplies washing liquid to a drainage line.
However, Toriumi discloses, in the similar field of milk producing apparatuses for beverages (Abstract, “Drink supplying device (100) is provided with a milk tank (3), circulation to supply beverage (milk or milk) milk feed pipe (L3) in the heating pipe”), where the outlet connector supplies washing liquid to a drainage line (Page 10, Para. 2, “as waste water via the bypass pipe L34 and pipe L4 is discharged to the outside (water drainage tank or outlet)”). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the outlet connector in Epping to include being connected to a drainage line as taught by Toriumi.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of allowing the washing liquid that is waste to be processed away from the beverage supplying outlet and where the washing liquid can be rid of outside the apparatus, as stated by Toriumi, Page 10, Para. 2, “as waste water via the bypass pipe L34 and pipe L4 is discharged to the outside (water drainage tank or outlet)”.
Regarding claim 2, modified Epping teaches the apparatus according to claim 1, as set forth above, discloses wherein the direction of supply is substantially horizontal (Epping, Fig. 1, where the inlet connector that brings in washing liquid or milk is horizontal) and the milk dispensing duct is arranged to cause the washing water to flow therein via an upwards deviation (Epping, Fig. 1, where the milk dispensing duct is located vertically and connected above the inlet connector, where the washing liquid would flow upwards).
Regarding claim 5, modified Epping teaches the apparatus according to claim 1, as set forth above, discloses wherein the milk dispensing duct extends in a vertical plane from the top of the collector body of the dispensing nozzle (Epping, Fig. 1, where the milk dispensing duct 27 extends vertically upwards from the top of the collector body or the manifold valve 23) and comprises a proximal inverted U-shaped portion (Epping, Fig. 1, where the milk dispensing duct 27 includes an inverted U shape that extends from the vertical portion connected to the manifold valve 23) and a distal straight portion ending with the dispensing outlet (Epping, Fig. 1, where the milk dispensing duct 27 goes downwards into a receptacle 24 and would have a dispensing outlet located there).
Claims 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Epping (CN 110833331 A) in view of Toriumi et al. (CN 110234598 A, hereinafter Toriumi) in further view of Girault et al. (WO 2015044018 A2, hereinafter Girault).
Regarding claim 3, modified Epping teaches the apparatus according to claim 1, as set forth above, discloses the milk dispensing duct has an inlet having an axis substantially perpendicular to the lying plane of the axes of the inlet connector and of the outlet connector (Epping, Fig. 1, where the milk dispensing duct is located perpendicular to the horizontal axis of the inlet connector, where below shows that the outlet connector could also be located horizontally).
Modified Epping does not disclose:
wherein the at least one inlet connector and the outlet connector have respective mutually parallel axes lying in one and the same plane.
However, Girault discloses, in the similar field of dispensing nozzles for beverage apparatuses (Page 1, line 6, “a solenoid valve for a beverage dispensing device”), where the inlet and outlet connectors can be parallel and both horizontal, and where the another dispensing duct is located perpendicular to the inlet and outlet connectors (Page 7, last Para., “Fig. 5 shows another possible design of the solenoid valve 1 of the present invention, in particular a T-shaped solenoid valve 1 as a second embodiment. The T-shaped solenoid valve 1 is designed similar as the Y-shaped solenoid valve 1 of fig. 3. In particular, a water inlet 3 and two water outlets 4 and 5 extend within a plane. However, this time the water inlet 3 and the first water outlet 4 extend parallel to each other as left and right arms of the Tshape. The second water outlet 5 is the leg of the T-shape, which extends perpendicular to the two arms.”). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the manifold valve’s outlet connector in modified Epping to include the parallel axis to the inlet connector as taught by Girault.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of being able to optimize the fluid flow of the apparatus, as stated by Girault, Page 3, lines 21-24, “In particular, the in-plane water inlet and the two water outlets define the T-shape or Yshape of the valve head, respectively. Theses specific shapes are preferable for optimizing the positioning of the valves and the direction of the water flow in the beverage dispensing device.”.
Regarding claim 4, modified Epping teaches the apparatus according to claim 3, as set forth above, discloses wherein the axes of the inlet connector and of the outlet connector lie in a horizontal plane and the axis of the inlet of the milk dispensing duct is vertical (Epping, Fig. 1, where the milk dispensing duct is located perpendicular to the horizontal axis of the inlet connector, where below shows that the outlet connector could also be located horizontally; teaching from Girault, Page 7, last Para., “Fig. 5 shows another possible design of the solenoid valve 1 of the present invention, in particular a T-shaped solenoid valve 1 as a second embodiment. The T-shaped solenoid valve 1 is designed similar as the Y-shaped solenoid valve 1 of fig. 3. In particular, a water inlet 3 and two water outlets 4 and 5 extend within a plane. However, this time the water inlet 3 and the first water outlet 4 extend parallel to each other as left and right arms of the Tshape. The second water outlet 5 is the leg of the T-shape, which extends perpendicular to the two arms.”).
Claims 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Epping (CN 110833331 A) in view of Toriumi et al. (CN 110234598 A, hereinafter Toriumi) in further view of Broennimann et al. (EP 2636343 A1, hereinafter Broennimann).
Regarding claim 6, modified Epping teaches the apparatus according to claim 1, as set forth above.
Modified Epping does not disclose:
wherein the chamber is funnel-shaped and has a wider section, in which the at least one inlet connector opens, and a narrower section, in which the outlet connector opens.
However, Broennimann discloses, in the similar field of dispensing nozzles (Abstract, “The device (1) has a vapor feeding line (2) comprising a narrowing nozzle (4) e.g. Venturi nozzle”), where the inlet has a wider section and the outlet has a narrower section (Abstract, “The vapor feeding line comprises another narrowing nozzle (10)”, where Fig. 5 shows that the inlet pointed by reference 2 is wider than the outlet pointed by reference 10). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the inlet and outlet connectors in modified Epping to have a narrowing outlet connector as taught by Broennimann.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of being able to obtain a suction effect to drive fluid forward, as stated by Broennimann, Abstract, “The vapor feeding line comprises another narrowing nozzle (10) for obtaining of a suction effect at the air supply aperture arranged in the latter nozzle. The former nozzle is arranged related to a steam flow direction downstream to the latter nozzle”.
Claims 7-11 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Epping (CN 110833331 A) in view of Toriumi et al. (CN 110234598 A, hereinafter Toriumi) in further view Mongaki (JP 2009090276 A).
Regarding claim 7, modified Epping teaches the apparatus according to claim 1, as set forth above, discloses a milk module (Epping, Page 6, Para. 3, “invention for preparing liquid, especially the device of milk 1 stored in the first storage 12 of one type of milk and stored in corresponding second milk or milk substitute storage of the other type 14.”) for producing hot or cold, foamed or non-foamed milk (Epping, Page 6, Para. 4 from end, “it can produce warm or hot milk and/or milk foam, using the heating element closing 34 can the cold milk or milk foam is conducted to the outlet 24.”), integrable in a machine for producing milk-based beverages, and comprising the dispensing nozzle of claim 1 (Epping, Page 1, last Para., “preparing a liquid, in particular milk with device of integrated washing system”, where the dispensing nozzle or manifold valve 23 with ducts for transporting liquid is part of the liquid preparation apparatus),
a supply line (Epping, Abstract, “the outlet pipeline (22)”);
a drainage line (Epping, Claim 7, “connected to the nozzle (25)”, and teaching from Toriumi, Page 10, Para. 2, “as waste water via the bypass pipe L34 and pipe L4 is discharged to the outside (water drainage tank or outlet)”); and
an electronic control unit configured to cause the milk module to operate in a production mode, in which the suction line is supplied with milk, and in a washing mode, in which the suction line is supplied with washing liquid (Epping, Page 5, Para. 4, “can be controlled by time to trigger the cleaning or corresponding assigned to the outlet of flushing operation whereby the preparation of milk each time or after a predetermined number of the dispensing action, automatically activated flushing. can be by means of a control system”, where the milk suction line, Page 6, Para. 3, “milk suction line 16”, receives either milk or washing fluid due to control over valve 40);
wherein the drainage line extends from the dispensing nozzle to a waste container (Teaching from Toriumi, Page 10, Para. 2, “as waste water via the bypass pipe L34 and pipe L4 is discharged to the outside (water drainage tank or outlet)”);
wherein the supply line comprises: a supply pump (Epping, Page 6, Para. 3, “the check valve opening on the direction of the pump 18. 18 connected to the outlet 24 via a single outlet line 22 at the pressure side of the pump, at the exit can transfer preparation of the corresponding milk or milk foam.”);
a suction line extending from a fluid inlet to a suction side of the supply pump (Epping, Page 6, Para. 3, “milk suction line 16, so that milk or corresponding substitute of milk can be removed from first reservoir 12 and/or the second reservoir 14. in the milk suction line 16 arranged is designated as a third check valve 20, the check valve opening on the direction of the pump 18.”, where the suction line 16 extends from the fluid inlet coming from the washing fluid or milk container to the suction side of the supply pump 18);
a delivery line extending from a delivery side of the supply pump to the dispensing nozzle (Epping, Page 6, Para. 5, “on the pressure side of the pump 18, a heating element 34 disposed on the outlet line 22”, where the delivery side of the supply pump includes a line with a heating element that goes to the manifold valve 23); and
wherein the electronic control unit is further configured to cause the suction line to be supplied with milk during the production mode and with washing liquid during the washing mode (Epping, Page 5, Para. 4, “can be controlled by time to trigger the cleaning or corresponding assigned to the outlet of flushing operation whereby the preparation of milk each time or after a predetermined number of the dispensing action, automatically activated flushing. can be by means of a control system”, and Page 7, Para. 2, “the washing system for washing or cleaning element corresponding to the device according to the invention in step 1. By means of the flushing valve 40, milk suction line 16 can be connected to the washing system, in particular can be connected to a flush line 42.”, where the suction line 16 receives either milk or washing fluid depending on the electronic control system).
Modified Epping does not disclose:
wherein the drainage line comprises a suction pump.
However, Mongaki discloses, in the similar field of drainage lines (Page 2, Para. 2 from end, “a filtrate drainage flow path in each filtrate drain header pipe via an open / close valve.”), where the drainage line can include a suction pump (Page 2, Para. 2 from end, “The filtrate drain header pipe is connected to the suction port of the suction pump”). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the drainage line in modified Epping to include the suction pump as taught by Mongaki.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of being able to use a suction pump to ensure that the fluid flows in the direction as desired by a user, as stated by Mongaki, Page 2, Para. 2 from end, “The filtrate drain header pipe is connected to the suction port of the suction pump, and an open / close valve is connected to the filtrate drain header pipe connected to the drain port of the suction pump .”.
Regarding claim 8, modified Epping teaches the apparatus according to claim 7, as set forth above.
Modified Epping does not disclose:
wherein the delivery line comprises a bifurcation, at which the delivery line divides into two delivery ducts which open into the dispensing nozzle either separately or via a common terminal portion;
wherein, when the delivery ducts open into the dispensing nozzle via a common terminal portion, the collector body of the dispensing nozzle comprises a single inlet connector fluidically connected to the common terminal portion; and
wherein, when the delivery ducts open into the dispensing nozzle separately, the collector body of the dispensing nozzle comprises two inlet connectors, each of which is associated to a respective delivery duct;
the two inlet connectors open into the chamber in such a way that they both substantially face the outlet connector in the direction of supply of the fluid into the chamber.
However, Toriumi discloses where the delivery line comprises a bifurcation which divides the delivery line into two delivery ducts that open into the dispensing nozzle via a common terminal portion (Page 7, Para. 2, “supply pipe L3 in the inflow pipe L30 and the bypass pipe L34 of the bifurcation (first switching valve V3 in FIG. 2 is after-mentioned) with the first pump 7 between the predetermined part (hereinafter, referred to as connecting part Z3).”, where Fig. 2 shows that a bifurcation is created for delivery line L3, where the line splits into two delivery ducts L34 and L30/L32, where both ducts merge together before entering into the dispensing nozzle V4 at a common terminal point), where the collector body comprises a single inlet connector fluidically connected to the common terminal point (Fig. 2, where the collector body of the dispensing nozzle connects to the common terminal point through a single inlet). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the delivery line in modified Epping to include a bifurcation as taught by Toriumi, where Epping already discloses where the inlet and outlet connectors face each other.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of being able to use bifurcation to bypass a heating element if the milk is desired to not be heated, as stated by Toriumi, Page 7, last Para., “flow path selectively the first switching valve V3 is used for supplying the milk in the milk tube L3 is switched to the through the heating pipe L31 or through the valve of the bypass pipe L34”.
Regarding the two inlet connectors for the two delivery ducts, it has been held that mere duplications of parts is an obvious modification to make. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). It is the Examiner’s position that duplication of the delivery ducts would still achieve the same end result of allowing milk to be rerouted away from a heater element. As a result, the use of a single or two delivery ducts would be a mere matter of user design choice.
Regarding claim 9, modified Epping teaches the apparatus according to claim 8, as set forth above, discloses wherein the delivery line further comprises a heater arranged along one of the two delivery ducts and selectively operable to heat milk (Epping, Page 6, Para. 4 from end, “a heating element 34 disposed on the outlet line 22, the heating element is designed as a continuous flow heater. heating element 34 is designed to be thick-film heater, an electric heating resistor mounted on the heating element 34 on the supporting piece on the supporting piece set flow path… make the liquid milk or milk/air mixture reaches a predetermined temperature, the predetermined temperature can be by means of a temperature sensor (not shown) to control. using heating elements on 34, it can produce warm or hot milk and/or milk foam, using the heating element closing 34 can the cold milk or milk foam is conducted to the outlet 24.”); and
an electronically-controllable shut-off valve arranged along the other of the two delivery ducts and selectively operable to allow milk to flow therethrough (Teaching from Toriumi, Page 7, last Para., “flow path selectively the first switching valve V3 is used for supplying the milk in the milk tube L3 is switched to the through the heating pipe L31 or through the valve of the bypass pipe L34”).
Regarding claim 10, modified Epping teaches the apparatus according to claim 7, as set forth above, discloses further comprising an air line to controllably supply air into the suction line (Epping, Page 6, Para. 4, “the suction of the pump 18 side enters the milk suction line 16 air supply line 26, in the air supply pipeline is provided with an air volume controller 28.”); and
a flow restriction arranged downstream of the supply pump to transform, when the milk module operates in the production mode, an air/milk mixture into foamed milk (Epping, Page 6, Para. 2 from end, “adjustable flow restrictor 36, and an air amount and temperature of the adjustable metering accurately so as to realize the best mixing air and milk into the milk/air mixture and dispersed, small air bubbles in the mixture, which is indicative of the high foam quality.”).
Regarding claim 11, modified Epping teaches the apparatus according to claim 7, as set forth above, discloses further comprising:
a first valve device arranged between the fluid inlet of the suction line and the supply pump (Epping, Page 6, Para. 3, “in the milk suction line 16 arranged is designated as a third check valve 20”);
a water supply line to supply water to the suction line at an emanation point between the first valve device and the supply pump (Epping, Page 5, Para. 2, “Particularly suitable is with cold water or hot water or a chemical additive and washing of the washing solution addition.”, and Page 7, Para. 3, “the flushing pipeline 42 has one section, valve 44 arranged in the section, and the section from the first check valve 30 and second check valve 32”, where the first check valve 30 connects a water supply line coming from the flushing pipeline 42 that can be just water without a washing solution, where that water supply line is the line after the first check valve 30 that leads between the first valve device 20 and the supply pump 18);
and a second valve device operable to cause the water supply line to be selectively supplied with water (Epping, Page 7, Para. 3, “the flushing pipeline 42 has one section, valve 44 arranged in the section, and the section from the first check valve 30 and second check valve 32”, where the first check valve 30 selectively supplies the water supply line after the valve 30 with water);
wherein the electronic control unit is further configured to operate the milk module in a first washing mode, preferably either between two successive production cycles or after a certain period of time (Epping, Page 5, Para. 3 from end, “can be controlled by time to trigger the cleaning or corresponding assigned to the outlet of flushing operation whereby the preparation of milk each time or after a predetermined number of the dispensing action, automatically activated flushing.”); and
wherein, in the first washing mode, the electronic control unit is further configured to: control the first valve device and the second valve device to cause water to flow into the water supply line and, therefrom, into the suction line without reaching the fluid inlet of the suction line (Epping, Page 7, Para. 5, “in particular milk with flushing system integration of device 1 has the advantage that by washing or correspondingly clean air supply line 26 and through the 30, 32 of the vertical configuration directly closing the check valve in the air supply line 26, which can realize improvement of sanitation and sensory condition”, where the valves 44 and 30 can be opened to allow washing water to enter, where the suction line has an inlet near the valve 14 which is not touched by the water);
and co-ordinately operate the supply pump and the suction pump to cause water to flow along the suction line, the delivery line and the drainage line (Teaching from Mongaki, Page 2, Para. 2 from end, “The filtrate drain header pipe is connected to the suction port of the suction pump”, and Epping, where the supply pump can cause water to flow through the suction line, delivery line, and drainage line, Claim 1, “the pump (18) via the outlet line can be connected to at least one outlet (24)”, where the manifold valve is also connected to the drainage line 25).
Regarding claim 13, modified Epping teaches the apparatus according to claim 7, as set forth above, discloses a machine for producing milk-based beverages and comprising the milk module of claim 7 (Epping, Page 6, Para. 3, “invention for preparing liquid, especially the device of milk 1 stored in the first storage 12 of one type of milk and stored in corresponding second milk or milk substitute storage of the other type 14.”, and Page 1, last Para., “a method for preparing a liquid, in particular milk with device of integrated washing system, and a method for washing and/or cleaning such a device. "preparing" is understood as a foaming and/or heating, so that it can use the device selectively generates warm milk foam or cold milk foam or warm milk or corresponding of cold milk.”).
Claims 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Epping (CN 110833331 A) in view of Toriumi et al. (CN 110234598 A, hereinafter Toriumi) in further view Mongaki (JP 2009090276 A) and Fischer et al. (CN 103889289 A, hereinafter Fischer) and Abram et al. (CN 109068884 A, hereinafter Abram).
Regarding claim 12, modified Epping teaches the apparatus according to claim 7, as set forth above, discloses
wherein, during the first washing mode, the fluid inlet of the suction line is immersed in a milk container (Epping, Fig. 1, where the suction line 16 inlet is connected to the valve 14 that is connected to the milk containers).
Modified Epping does not disclose:
wherein the electronic control unit is further configured to operate the milk module in a second washing mode, preferably at the end of the daily service;
during the second washing mode the fluid inlet of the suction line is immersed in a detergent container; and
wherein, in the second washing mode, the electronic control unit is further configured to: control the first valve device and the second valve device to cause water to flow into the water supply line and reach the fluid inlet of the suction line and fill the detergent container;
when the detergent container is full, co-ordinately operate the supply pump and the suction pump and control the first valve device and second valve device to prevent water from flowing in the water supply line and to cause the water/detergent mixture in the detergent container to flow along the suction line, the delivery line and the drainage line.
However, Fischer discloses, in the similar field of beverage apparatuses (Abstract, “coffee machine”), where a fluid inlet can be immersed in a detergent container (Abstract, “according to the invention provide a supply for chemical valid or in particular a detergent and/or a detergent chamber (25) can be manual or automatic, connecting and/or is connected to water tube system (13)”). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the fluid inlet of the suction line from modified Epping to be immersed in a detergent container as taught by Fischer.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of being able to automatically clean the apparatus, as stated by Fischer, Para. 0002, “is a clean full automatic coffee machine, especially to remove grease in the cooking unit, known directly to the cooking unit provides cleaning of dissolved in the cooking unit.”.
Abram discloses, in the similar field of milk frothing apparatuses (Abstract, “An assembly for frothing the milk”), where an electronic control unit controls valves to cause water to flow and fill a detergent container, where when the detergent container is full the valves are closed to stop water from flowing and then the water/detergent mixture is circulated through the apparatus (Page 8, Para. 1, “through the water control valve 68 is switched to open state and the first three-way valve assembly 58 is switched to the second state, thereby via a supply passage 68, a fluid passage 16, return passage 60 guide the water to the cleaning container 56, so as to fill the cleaning reservoir 56 with water. after the water and optionally filled with detergent cleaning reservoir 56 in liquid or tablet form, can closing controllable water valve 68 and opening the fluid valve 70 can be such that the fluid circulating through the fluid passage 16”). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified first and second valves and suction line, delivery line, and drainage lines of modified Epping to include the filling and stopping of the detergent container as taught by Abram, where the teaching from Fischer can result in the detergent container being placed in a pipeline inlet and where Abram Fig. 1 shows that the detergent container can be detached for another washing mode to be possible.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of being able to allow a detergent container to be used for cleaning, where the selective control over the water entering the detergent container can ensure that the container does not overflow, as stated by Abram, Page 8, Para. 1, “guide the water to the cleaning container 56, so as to fill the cleaning reservoir 56 with water. after the water and optionally filled with detergent cleaning reservoir 56 in liquid or tablet form, can closing controllable water valve 68”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Andreis et al. (EP 3248519 A1) discloses a similar milk frothing apparatus with a valve system.
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/KEVIN GUANHUA WEN/Examiner, Art Unit 3761
03/23/2026