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 .
Status of the Claims
Claim 9 has been amended. Claims 1-8 and 10-20 are as previously presented. As such, claims 1-20 are considered below.
Response to Amendments
The amendments filed 11/11/2025 have been entered and overcomes the previously set forth objections to the drawings and 35 U.S.C. 112(b) rejections to the claims.
Response to Arguments/Remarks
First, applicant argues that the prior art reference, Tanner, does not disclose the cartridge system is inserted into the cartridge holder, since “the cartridge guide 110 is a fixed part of the delivery head 3,” and “one skilled in the art would not have regarded a “cartridge guide” as being part of an insertable cartridge system” (Remarks: p. 11 paras. 2 and 4). The examiner disagrees. Claim 1 recites “the cartridge system consists of: a cartridge… a cartridge receptacle, which is connected to the cartridge… wherein the cartridge holder is designed in such a way that the cartridge system can be inserted into it.” Tanner discloses a cartridge receptacle (cartridge guide 110, annular member 111, extending webs 113, aperture 112, and cup shaped clamp member 100 (analogous to the mixing chamber in claim 1)) all of which are shown as distinct components which during assembly can be inserted into the cartridge holder (interpretated as the overall structure formed by the forward part of housing 81 functioning with upper mechanism 90). Please refer to the annotated figure below.
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Absent further delineation of how the receptacle and cartridge are connected and the means in which said combination are inserted into the holder, the examiner maintains the previously set forth rejection.
Second, applicant argues the claimed cartridge and cartridge receptacle are connected prior to insertion into the cartridge holder (Remarks: p. 12 para. 1). The examiner disagrees as the underlined limitations are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Absent further delineation of the alleged connection prior to insertion into the holder, the examiner maintains the previously set forth rejection.
Third, applicant argues that Tanner teaches a mixing compartment which “appears to be part of the cartridge” (Remarks: p. 14 para. 2) and that the present application utilizes a different concept wherein “the concentrate of the cartridge is admixed within the mixing chamber of the cartridge receptacle; thus, the fluid supply is also arranged within the cartridge receptacle” (Remarks: p. 14 para. 5). The examiner disagrees as the recited limitations of claim 1, which require “a cartridge receptacle… includ[ing]: a mixing chamber, at least one fluid supply; and at
least one beverage outlet,” are disclosed by Tanner (refer to the annotated figure below for
further delineation of the claimed elements)
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Absent further delineation of the mixing chamber, it appears that said mixing chamber, fluid supply, and outlet are included in the receptacle as claimed, and such receptacle houses the admixing of the concentrate. As such, the previously set forth rejection is maintained.
Fourth, applicant argues that the technical advantages: “contamination of the beverage preparation machine with the beverage substance is avoided… mixing takes place completely in the mixing chamber… the finished beverage is discharged directly from the cartridge system… and without any contact with the beverage preparation machine…” which in combination “meets the highest hygiene requirements,” is not disclosed by Tanner in reference claim 1. The examiner disagrees with applicant’s position as applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. The examiner maintains the previously set forth rejection.
Fifth, applicant argues that the handle 92 of Tanner does not teach the claimed discharge device since “there is no indication or evidence provided as to where this handle allows for any actuation of a discharging mechanism” (Remarks: p. 15 para. 3). The examiner disagrees, referring to Tanner, col. 9 ll. 3-12, the handle 92 allows for the actuation and dispensing of the beverage substance such that when a sensor detects upper mechanism 90 (analogous to a portion of the cartridge holder) the sensor communicates to the controller to allow for dispensation. Furthermore, when the sensor does not detect the closure of the handle, operation of the dispenser is prevented. As such, the examiner maintains the previously set forth rejection.
Sixth, applicant argues that “in claim 16 of the present application…it is stated that the cartridge receptacle has a cartridge discharging device for transferring the beverage substance from the reservoir into the mixing chamber” and Tanner differs from the claimed limitation in that the beverage substance mixes with water within the cartridge before exiting the cartridge. (Remarks: p. 15 para. 3). The examiner disagrees, as Tanner discloses the flow path of inlet
piercer 123 into the interior of cartridge 70, contained by cup-shaped clamp member 100. Refer to the annotated figure below for further delineation of the prior art reference.
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As depicted above, inlet piercer 123, when actuated by the closure of handle 92, transfers the beverage substance into the center of the mixing chamber before exiting the mixing chamber. As such, the previously set forth rejection is maintained.
Lastly, applicants’ arguments regarding the 35 U.S.C. 112(b) rejection of claim 13 are persuasive, and as such, the associate rejection has been withdrawn.
As evidenced in the rejection below, further delineation of the applied references is included to add clarity to the record.
Claim Interpretation
The Examiner makes note of the use of the term “identification detector” utilized in claim 14 to mean an optical sensor, a magnetic and/or electric sensor, or an RFID reader, as best understood given the broadest reasonable interpretation consistent with the specification and by one of ordinary skill in the art given the ordinary and customary meaning of the term. (MPEP 2111.01)
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 4-12, and 14-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tanner et al. (US 9084509 B2).
In regards to claim 1, Tanner discloses a beverage preparation machine in particular a dispenser, for preparing a beverage by means of a cartridge system, the beverage preparation machine comprising:
a main unit comprising:
a. a liquid reservoir (col. 5 ll. 37-40):
b. a liquid conditioning system for conditioning a liquid from the liquid reservoir, in particular for controlling the temperature of and/or carbonating the liquid (col. 5 ll. 37-40 and col. 10 ll. 25-31);
c. a fluid supply system for introducing the conditioned liquid and/or compressed air into the cartridge system (fluid inlet 126): and
d. a control device for controlling the liquid conditioning system and/or the fluid supply system (controller col. 8 l. 66 - col. 9 l. 2): and
B) a cartridge holder (forward part of housing 81 functioning with upper mechanism 90) which protrudes from the main unit and is of balcony-like design (refer to fig. 3 and col. 5 l. 61 – col. 6 l. 4);
Wherein the cartridge system consists of:
a cartridge (cartridge 70), which has a beverage substance in a reservoir: and
a cartridge receptacle (cartridge guide 110 comprising annular member 111, extending webs 113, aperture 112, cup shaped clamp member 100 working with the interior of cartridge 70, inlet piercer 123, and outlet spout 5), which is connected to the cartridge and includes:
a mixing chamber (cup shaped clamp member 100 working with the interior of cartridge 70);
at least one fluid supply (inlet piercer 123), and
at least one beverage outlet (outlet spout 5) (refer to the annotated figure below):
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wherein the cartridge holder is designed in such a way that the cartridge system can be inserted into it (fig. 5);
wherein the cartridge holder comprises an actuator element (handle 92) for actuating a cartridge discharging device of the cartridge system; and wherein the main unit or the main unit and the cartridge holder comprises/comprise a drive (motor 97 and motor 130) for the actuator element (col. 9 ll. 3-13).
In regards to claim 2, in addition to the limitations of claim 1, Tanner discloses wherein the drive is a manual drive and/or a motor, wherein the drive is a linear drive, a rotary drive, and/or a vibratory drive (wherein the motor is a rotary drive, col. 8 ll. 20-24 and col. 11 ll. 19-21).
In regards to claim 4, in addition to the limitations of claim 1, Tanner discloses wherein the cartridge holder is of substantially disk-shaped design and protrudes substantially horizontally from the main unit (please refer to the annotated figure below)
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and wherein, the cartridge holder has a substantially circular aperture (aperture 112) into which the cartridge system can be inserted (col. 9 ll. 39-41).
In regards to claim 5, in addition to the limitations of claim 1, Tanner discloses wherein the cartridge holder and/or the main unit has at least one operating element (upper mechanism 90) which can be actuated by a user and is coupled to the drive via the control device (col. 9 ll. 3-13).
In regards to claim 6, in addition to the limitations of claim 5, Tanner discloses wherein the operating element is a lever (refer to the annotated figure below),
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which can be pivoted, about a horizontally or vertically oriented axis (about pivot point 150).
In regards to claim 7, in addition to the limitations of claim 1, Tanner discloses wherein the cartridge holder has at least one locking means, which is provided for reversibly locking the cartridge system in the cartridge holder, wherein the locking means can be transferred from an unlocked position into a locked position and vice versa (col. 9 ll. 3-4).
In regards to claim 8, in addition to the limitations of claim 7, Tanner discloses wherein the locking means can be transferred from the unlocked position into the locked position by an operating element (col. 9 ll. 3-12).
In regards to claim 9, in addition to the limitations of claim 7, Tanner discloses wherein the beverage preparation machine is configured in such a way that the actuator element and/or the drive can only be activated when the locking element is in a locked position (col. 9 ll. 10-12).
In regards to claim 10, in addition to the limitations of claim 1, Tanner discloses wherein the drive is connected to the actuator element via a deflection mechanism (lead screw 96), wherein the deflection mechanism comprises a transmission gear and/or a transmission lever (col. 7 ll. 6-18).
In regards to claim 11, in addition to the limitations of claim 1, Tanner discloses wherein the actuator element (handle 92) is provided so as to be pivotable about at least one axis (pivot point 150).
In regards to claim 12, in addition to the limitations of claim 1, Tanner discloses wherein the actuator element is arranged at least partially below the cartridge holder (refer to the annotated figure below).
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In regards to claim 14, in addition to the limitations of claim 1, Tanner discloses wherein the beverage preparation machine comprises a compressed air source, wherein the compressed air source is provided for introducing compressed air into the cartridge system in interaction with the fluid supply system. (a steam purge, directed through the inlet piercer 123, col. 12 ll. 28-38, which utilizes pressure to drive out remaining liquid).
In regards to claim 15, in addition to the limitations of claim 1, Tanner discloses wherein the beverage preparation machine has an identification detector (barcode reader 120) for detecting an identification of the cartridge system (col. 10 ll. 25-31).
In regards to claim 16, Tanner discloses a cartridge system, wherein the cartridge system can be inserted into the cartridge holder of the beverage preparation machine for beverage preparation (col. 9 ll. 22-26);
Wherein the cartridge system comprises a cartridge (cartridge 70), which comprises a reservoir filled with a beverage substance (col. 6 ll. 46-47), and a cartridge receptacle, which can be connected to the cartridge in a connecting region (refer to the rejection of claim 1 and col. 9 ll. 22-23, and the annotated figure below);
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Wherein the cartridge has a cartridge opening (bowl-shaped upper portion 76), wherein the cartridge opening is closed by a sealing element (flexible lower membrane 77), wherein the sealing element closes off the reservoir in a fluid tight manner with respect to the cartridge receptacle;
Wherein the cartridge receptacle has a mixing chamber, which can be brought into fluid communication with the reservoir, and a fluid supply, which opens into the mixing chamber (flow path of inlet piercer 123 into the interior of cartridge 70, contained by cup-shaped clamp member 100), for coupling to the fluid supply system of the beverage preparation machine, thus enabling a conditioned liquid to be introduced into the mixing chamber (col. 11 ll. 56-64, refer to the annotated figure below);
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Wherein the cartridge receptacle has a cartridge discharging device for transferring the beverage substance from the reservoir into the mixing chamber (inlet piercer 123); and
Wherein the cartridge receptacle has a beverage outlet for dispensing from the mixing chamber a beverage formed by mixing the liquid with the beverage substance (outlet piercer 124 and outlet 5).
In regards to claim 17, in addition to the limitations of claim 16, Tanner discloses wherein the cartridge discharging device comprises a spike guide (piercer aperture 83) and a piercing spike (inlet or outlet piercer 123 or 124, respectively), which is mounted so as to be displaceable within the spike guide, wherein the piercing spike is displaceable by the actuator element of the beverage preparation machine between a retracted position, in which the piercing spike is at a distance from the sealing element, and an extended position, in which the piercing spike pierces the sealing element and projects into the reservoir (col. 10 ll. 52-60).
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Tanner (US 9084509 B2) in view of Rognon et al. (US 10117539 B2).
In regards to claim 3, in addition to the limitations of claim 2, Tanner discloses the motor however remains silent to wherein the motor is an electric motor, a hydraulic motor, or a pneumatic motor. Rognon teaches wherein the motor is an electric motor (electric motor 26), a hydraulic motor, or a pneumatic motor. It would have been prima facie obvious to one having ordinary skill in the art before the filing date of the claimed invention to specify the motor of Tanner to be an electric motor. In doing so, one does not need to implement an additional power source specific to the drive motor, which simplifies the design of the apparatus.
Claims 13 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Tanner (US 9084509 B2) in view of Dovat et al. (US 10159376 B2).
In regards to claim 13, in addition to the limitations of claim 1, Tanner discloses wherein the actuator element however remains silent to the actuator element is a rocker lever, wherein the rocker lever has an upper contact surface for positive and/or nonpositive interaction with the cartridge discharging device of the cartridge system. Dovat teaches the actuator element is a rocker lever (rocker lever arrangement 4), wherein the rocker lever has an upper contact surface for positive and/or nonpositive interaction (refer to the annotated figure below).
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with the cartridge discharging device of the cartridge system (col. 10 ll. 60-63). It would have been prima facie obvious to one having ordinary skill in the art to modify the actuator element before the effective filing date of the claimed invention. By doing so, one creates a mechanism which is retracted at rest while minimizing the space used within the dispenser (Dovat, col. 10 l. 64 to col. 11 l. 1).
In regards to claim 18, in addition to the limitations of claim 17, Tanner discloses the cartridge discharging device and the extended position of the piercing spike however remains silent to the cartridge discharging device comprising a compressed air connection and a compressed air line, which extends from the compressed air connection to a compressed air outlet, wherein the compressed air outlet protrudes, in a direction of the reservoir of the cartridge wherein the compressed air connection is designed to introduce compressed air into the compressed air line, wherein the compressed air line is integrated into the piercing spike, wherein the cartridge discharging device is designed in such a way that, in the extended position of the piercing spike, the beverage substance can be transferred from the reservoir into the mixing chamber by the compressed air. Dovat teaches the cartridge discharging device comprising a compressed air connection (connecting element 2b) and a compressed air line (internal of piercing element 2a), which extends from the compressed air connection to a compressed air outlet (piercing element 2a), wherein the compressed air outlet protrudes, in a direction of the reservoir (through guiding holes 3b) of the cartridge wherein the compressed air connection is designed to introduce compressed air into the compressed air line (col. 10 ll. 12-17), wherein the compressed air line is integrated into the piercing spike (col. 10 ll. 12-17), wherein the cartridge discharging device is designed in such a way that, in the extended position of the piercing spike, the beverage substance can be transferred from the reservoir into the mixing chamber by the compressed air (col. 11 ll. 31-50). It would have been prima facie obvious to one having ordinary skill in the art to modify the piercing spike before the effective filing date of the claimed invention. By doing so, one skilled in the art can enable the device to flush out liquid or substance from the cartridge at the time of dispensing (Dovat, col. 11 ll. 48-50).
In regards to claim 19, Tanner discloses a method for preparing a beverage with a beverage preparation system as claimed in claim 16 comprising the following steps:
Inserting the cartridge system, which consists of a cartridge and a cartridge receptable, into the cartridge holder (col. 9 ll. 39-41 and refer to the rejection of claim 1),
Establishing a fluid connection between the fluid supply system and the cartridge receptacle (col. 11 ll. 56-64),
Activating the actuator element to actuate the cartridge discharge device by transferring the piercing spike from the retracted position into the extended position, thereby bringing about perforation of the sealing element (col. 10 ll. 52-60),
e. Introducing a conditioned liquid into the mixing chamber of the cartridge receptacle through the fluid supply system, and (col. 11 ll. 60-64)
f. Discharging the beverage produced in the mixing chamber by mixing the beverage substance with the conditioned liquid through the beverage outlet (col. 11 ll. 60-64).
However, Tanner remains silent to:
transferring the beverage substance from the reservoir of the cartridge into the mixing chamber of the cartridge receptacle by feeding compressed air into the reservoir
Dovat teaches transferring the beverage substance from the reservoir of the cartridge into the mixing chamber of the cartridge receptacle by feeding compressed air into the reservoir (col. 11 ll. 31-50). It would have been prima facie obvious to one having ordinary skill in the art to modify the piercing spike before the effective filing date of the claimed invention. By doing so, one skilled in the art can enable the device to flush out liquid or substance from the cartridge at the time of dispensing (Dovat, col. 11 ll. 48-50).
In regards to claim 20, in addition to the limitations of claim 19, Tanner discloses wherein activating the actuator element comprises generating a relative movement between the cartridge receptacle and the actuator element, which is, in contact with the piercing spike (col. 10 ll. 52-60).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER STEVEN PARISI whose telephone number is (571)270-5490. The examiner can normally be reached Mon - Fri 8:00 - 5:00 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at (571) 270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER S. PARISI/Examiner, Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754