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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/25/2023, 01/22/2024, 02/08/2024, and 01/29/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 1-14 are objected to because of the following informalities:
In claims 1-14: the reference number (#) should be removed.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
Claims 1-2 and 8-13 are rejected under 35 U.S.C. 102(a1) as being anticipated by Willi (US 5186096).
Regarding claim 1, Willi discloses
A beverage preparation apparatus (coffee brewing machine, fig.1) for automatically dispensing hot beverages, comprising:
a hot water preparation unit (boiler 4, fig.1);
a brewing apparatus (sieve holder 12, fig.1) to which hot water is suppliable from the hot water preparation unit (boiler 4);
a water pump (pump 3, fig.1) that conveys pressurized water in a direction of the brewing apparatus (sieve holder 12);
an outlet device (supporting flange 11, fig.1) connected to the brewing apparatus (sieve holder 12) via a hot beverage line [between boiler 4 and supporting flange 11];
a controller (control unit 10, fig.1) which controls automatic preparation and dispensing of the selected beverage after a beverage selection has been carried out; the controller (control unit 10) is configured to vary a brewing pressure at which the hot water is supplied to the brewing apparatus (sieve holder 12) or a throughflow rate at which the hot water is conveyed, over a preparation operation of a selected beverage in accordance with a predetermined or predeterminable profile [Col.2, lines 31-34]; and
a mechanical operating element (mode switch 16, pin member 17, fig.1) having an electrical consumer (mode switch 16) connected to the controller (control unit 10) in order to predetermine the profile [Col.2, lines 35-37, fig.].
Regarding claim 2, Willi discloses
a variation of the brewing pressure is carried out via control of a speed of the water pump (pump 3, fig.1) [Col.3, line 24].
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Regarding claim 8, Willi discloses
the mechanical operating element (mode switch 16, pin member 17, fig.1) comprises an operating lever (pin member 17, fig.1) which is redirectable from a neutral position in a first direction in order to increase the brewing pressure or the throughflow rate and in a second direction in order to reduce the brewing pressure or the throughflow rate [Col.4, lines 62-68 and Col.5, lines 1-4].
Regarding claim 9, Willi discloses
an optical, acoustic or haptic confirmation signal is output when the operating element (mode switch 16, pin member 17, fig.1) is actuated [Col.5, lines 36-40].
Regarding claim 10, Willi discloses
the controller (control unit 10, fig.1) has a training mode, in which a profile is input by actuating the operating element (mode switch 16, pin member 17, fig.1) and the input profile is stored for subsequent automatic product purchases [Col.5, lines 19-25].
Regarding claim 11, Willi discloses
at least one outlet head (sieve-like brewing chamber 14, fig.1, coffee filter support member 13, fig.2) which is fixable to the outlet device (supporting flange 11, fig.1) for dispensing one or more beverage components which is/are guided to the outlet device (supporting flange 11) via separate food product lines, and the outlet device (supporting flange 11) has a mechanical interface (supporting flange 11 acts as mechanical connector) for sealingly connecting the outlet head (sieve-like brewing chamber 14, coffee filter support member 13
Regarding claim 12, Willi discloses
the at least one outlet head (sieve-like brewing chamber 14, fig.1, coffee filter support member 13, fig.2) comprises a plurality of outlet heads (sieve-like brewing chamber 14, coffee filter support member 13) which are connectable alternately to the outlet device (supporting flange 11, fig.1) for different beverages or beverage groups.
Regarding claim 13, Willi discloses
the outlet head (sieve-like brewing chamber 14, fig.1, coffee filter support member 13, fig.2) comprises a filter holder (sieve-like brewing chamber 14, coffee filter support member 13, has holder, figs.1-2) having an upper side formed by a sealing face (sieve-like brewing chamber 14 has top surface, figs.1-2) which is provided with connection openings (sieve-like brewing chamber 14, coffee filter support member 13, inherently has opening, figs.1-2) and is otherwise closed.
Claim Rejections - 35 USC § 103
The following is a quotation of AIA 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 3-7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Willi (US 5186096) in view of Vetterli et al. (US 20180255962 A1).
Willi discloses substantially all the features as set forth above, such as the brewing apparatus but does not disclose the features as cited in the claims 3-7 and 14.
Regarding claim 3, Vetterli discloses
a beverage preparation apparatus (device, fig.1) for automatically comprising: a controllable counter-pressure valve (controllable backpressure valve 9, fig.1) arranged in a throughflow direction downstream of the brewing apparatus (brewing assembly 1, fig.1), and a variation of the brewing pressure or the throughflow rate is carried out via an adjustment of a valve opening of the counter-pressure valve (controllable backpressure valve 9).
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Regarding claim 4, Vetterli discloses
a measuring device (sensor 7, fig.1) arranged upstream or downstream of the brewing apparatus (brewing assembly 1, fig.1), for determining a volume flow of the brewing water or a quantity of the brewing water which has already been guided through or which has yet to be guided through and an adjustable counter-pressure valve (controllable backpressure valve 9, fig.1) arranged in a throughflow direction downstream of the brewing apparatus (brewing assembly 1), the controller (controller 10, fig.1) is configured to vary the brewing pressure, at which the hot water is supplied to the brewing apparatus (brewing assembly 1), in accordance with a pressure profile which is predetermined and to control the throughflow rate of the brewing water via the counter-pressure valve (controllable backpressure valve 9) in accordance with measurement values of the measuring device (sensor 7) during the brewing operation such that during the preparation operation, independently of the pressure profile which is predetermined a total quantity of brewing water as predetermined for the selected beverage is guided through within a predetermined total throughflow time.
Willi discloses the mechanical operating element (mode switch 16, pin member 17, fig.1).
Regarding claim 5, Vetterli discloses
the counter-pressure valve (controllable backpressure valve 9, fig.1) comprises a motor-operated needle valve (needle valve, Par.0040) and the controller (controller 10, fig.1) further opens or closes the needle valve by controlling a drive motor [Par.0040 cited: “…backpressure valve 9 is in the form of a needle valve which is driven by a stepper motor…”].
Regarding claim 6, Vetterli discloses
the measuring device (sensor 7, fig.1) comprises a throughflow sensor (sensor 7) which is arranged in the flow direction upstream of the water pump (pump 3, fig.1) or between the water pump (pump 3) and the brewing apparatus (brewing assembly 1, fig.1).
Regarding claim 7, Vetterli discloses
the controller (controller 10, fig.1) is configured to establish at least several times from measured volume flow values the quantity of the brewing water which has already been guided through or which still has to be guided through and, according to how much of the brewing water that still has to be guided through the brewing apparatus (brewing assembly 1, fig.1) in order to achieve the predetermined total quantity in the remaining time until reaching the predetermined total throughflow time, to further open or to further close the counter-pressure valve (controllable backpressure valve 9, fig.1) in order to increase or decrease the volume flow.
Regarding claim 14, Vetterli discloses
a grinding mechanism (grinding mechanism, Par.0054) for grinding coffee beans, which cooperates with the brewing apparatus (brewing assembly 1, fig.1) in order to automatically fill the brewing apparatus (brewing assembly 1) with a metered quantity of freshly ground powdered coffee.
It would have been obvious to one of ordinary skill in the art at before the effective filling date of the invention to modify a beverage preparation apparatus of Willi, by including a controllable counter-pressure valve, a measuring device, and a drive motor, as taught by Vetterli, in order to control the pressure flow rate and grind the coffee bean.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Anderson et al. (US 5207148) is a relevant prior art in field of a coffee apparatus, as shown in fig.1, with a hot water tank, a brewing unit, a water pump, and a controller, except a mechanical operating unit having an electrical consumer…
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONG T NGUYEN whose telephone number is (571)270-1834. The examiner can normally be reached 9.00am-5.00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached on 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHUONG T NGUYEN/Primary Examiner, Art Unit 3761
06/14/2026
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