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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 28, 2026 has been entered.
Claims 1-11 are pending.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-3 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent App. Pub. No. 2018/0192818 to Epping in view of U.S. Patent App. Pub. No. 2011/0192287 to Riessbeck et al., WO 2005/102126A2 to Marconi and U.S. Patent App. Pub. No. 2019/0069713 to Dees et al.
As to claim 1, Epping discloses a cleaning system capable of being used with a machine for preparing beverages, wherein the cleaning system comprises: a washing water supply piping comprising an inlet end connected to a water supply and an outlet (see Epping Fig. 1, ref.#28 and associated piping; paragraph [0041]) and a washing chamber suppliable with washing water provided by the outlet of the washing water supply piping, in said washing chamber there being placeable the movable part of the flexible hose that has been extracted from the milk reservoir in said washing chamber, wherein, through the flexible hose, the washing water contained in the washing chamber is conveyable to the milk inlet and to a distribution duct of a frothing head (see Epping Fig. 1 disclosing washing chamber 14 that is fully capable of receiving a flexible hose and wherein the cleaning solution in chamber 14 is conveyed to the beverage machine via lines 32, 32’), and wherein the washing chamber is formed in a tray, wherein the tray is coupable in a releasable manner to the machine under the frothing head, a collection chamber also being formed in said tray, the collection chamber being separate from the washing chamber and can be arranged under the distribution duct of the frothing head when the cleaning system is in the operating condition (see Epping Fig. 1 disclosing separate chambers 12 and 20 from washing chamber 14; paragraph [0031]).
Epping discloses that the machine for preparing beverages can comprise a milk dispensing system for suctioning, conveying, preparing and dispensing of milk taken from the milk container where said milk system includes at least one conveying device, dispensing device, an air enrichment element and a heating element (see Epping paragraphs [0024]-[0025]. Epping discloses that the cleaning system can replace the milk container and existing connection and suction means for suctioning milk out of the milk container and conveying milk in the system of lines are connectible to the cleaning module (see Epping paragraph [0026]). Epping does not explicitly disclose that the machine comprises a water supply configured to supply water or steam within the machine, that the dispensing device is a frothing head comprising a milk inlet and a distribution duct for distributing a hot beverage arranged downstream of the milk inlet, the inlet end of the milk supply piping comprising a flexible hose having a fixed end and a movable part configured to be immersed into the milk reservoir, and the cleaning system comprising washing water supply piping comprising an inlet end connected to the water supply and an outlet. Riessbeck discloses that it is known in the art of beverage machines can have a water supply configured to supply water or steam within the machine (see Riessbeck Fig. 1, ref.#12; paragraph [0030]); that the dispensing device can be a frothing head comprising a milk inlet and a distribution duct for distributing a hot beverage arranged downstream of the milk inlet (see Riessbeck Fig. 1, ref.#26, 34; paragraph [0032]); and that the inlet end of the milk supply piping comprising a flexible hose having a fixed end and a movable part configured to be immersed into the milk reservoir (see Riessbeck paragraph [0032]). It would have been obvious to one of ordinary skill in the art at the time of filing to use the cleaning system of Epping on a beverage machine with a frothing head, water supply and flexible milk hose as disclosed by Riessbeck and the results would have been predictable (use of a known technique to improve similar devices in the same way is prima facie obvious – MPEP 2143(I)(C)).
While the combination of Epping and Riessbeck discloses that the milk suction line can be connected to the water supply (see Riessbeck paragraph [0035]), to the extent that it could be argued that the combination of Epping and Riessbeck does not disclose the cleaning system comprising washing water supply piping comprising an inlet end connected to the water supply and an outlet, Marconi discloses that it is known in the art of beverage machines to have a water inlet for the milk container (see Marconi page 6, lines 4-7). It would have been obvious to one of ordinary skill in the art at the time of filing to include a water inlet to the milk container/cleaning container area as disclosed by Marconi and the results would have been predictable (provision of water for the cleaning container/milk container).
Regarding the recitation “wherein in said operating condition of the cleaning system, the tray is coupled in a releasable manner to the machine…,” Epping discloses that the cleaning system can replace the milk container and existing connection and suction means for suctioning milk out of the milk container and conveying milk in the system of lines are connectible to the cleaning module (see Epping paragraph [0026]) and as such, is read as disclosing that the tray is coupled to the machine in a releasable manner in said operating condition of the cleaning system.
Regarding the recitation “wherein in an operating condition of the cleaning system the movable part of the flexible hose that has been extracted from the milk reservoir is place in the washing chamber and immersed in the washing chamber,” said recitation appears to be an intended use of the machine and cleaning system. The combination of Epping, Riessbeck and Marconi is fully capable of having the flexible hose be placed in the washing chamber. To the extent that it could be argued that said recitation has structural significance, Dees discloses that it is known in the art that the fluid inlet of the machine can be a flexible hose from the milk supply and that said hose can be inserted and immersed into the cleaning reservoir containing the cleaning fluid (see Dees paragraphs [0059]-[0063]). It would have been obvious to one of ordinary skill in the art at the time of filing to have the flexible hose be immersed in the cleaning solution in the washing chamber in an operating condition of the cleaning system as disclosed by Dees and the results would have been predictable (supply of cleaning solution to the machine in order to clean the machine).
As to claim 2, the collection chamber disclosed by the combination of Epping, Riessbeck, Marconi and Dees is fully capable of being arranged under the outlet. Furthermore, rearrangement of parts is prima facie obvious (see MPEP 2144.04(VI)(C)).
As to claim 3, Epping discloses that the tray can be mechanically secured to the machine (see Epping paragraph [0031]). Furthermore, mechanically affixed a tray is well-known in the art and does not provide patentable significance.
As to claim 7, the combination of Epping, Riessbeck, Marconi and Dees discloses that the cleaning system can include a detergent supply (see Epping paragraphs [0029]-[0031]).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent App. Pub. No. 2018/0192818 to Epping in view of U.S. Patent App. Pub. No. 2011/0192287 to Riessbeck et al., WO 2005/102126A2 to Marconi and U.S. Patent App. Pub. No. 2019/0069713 to Dees et al. as applied to claim 1 above, and further in view of DE102017106286A1 to Pels et al. (see machine translation).
Epping, Riessbeck, Marconi and Dees are relied upon as discussed above with respect to the rejection of claim 1.
As to claim 4, the combination of Epping, Riessbeck, Marconi and Dees does not explicitly disclose a tray presence sensor. Use of tray presence sensors is known in the art and does not provide patentable significance (see Pels paragraph [0030]). It would have been obvious to one of ordinary skill in the art at the time of filing to include a tray presence sensor as disclosed by Pels and the results would have been predictable (alert the user if the tray is present and ready for operation) (see Pels paragraph [0030]).
Claim(s) 5 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent App. Pub. No. 2018/0192818 to Epping in view of U.S. Patent App. Pub. No. 2011/0192287 to Riessbeck et al., WO 2005/102126A2 to Marconi and U.S. Patent App. Pub. No. 2019/0069713 to Dees et al. as applied to claims 1 and 7 above, and further in view of U.S. Patent App. Pub. No. 2007/0251459 to Fukushima et al.
Epping, Riessbeck, Marconi and Dees are relied upon as discussed above with respect to the rejection of claims 1 and 7.
As to claim 5, while the combination of Epping, Riessbeck, Marconi and Dees discloses starting and stopping fluid supply based on the liquid level (see, e.g., Epping paragraphs [0014]-[0016]), Epping does not explicitly disclose a level sensor. Use of level sensors is known in the art and does not provide patentable significance (see Fukushima paragraphs [0048]-[0049]).
As to claim 11, the combination of Epping, Riessbeck, Marconi and Dees does not explicitly disclose the use of detergent or a detergent sensor to detect a presence of detergent in the washing water and provide an indicative signal to control a rinse operation. Boekhoorn discloses a similar cleaning system wherein detergent is used to improve cleaning and a detergent sensor is used to detect the presence of detergent and to flush the lines if detergent is detected (see Boekhoorn paragraph [0034]). It would have been obvious to one of ordinary skill in the art at the time of filing to include detergent and a detergent sensor as disclosed by Boekhoorn in order to improve cleaning and to ensure the removal of detergent using a detergent sensor for safety reasons (see Boekhoorn paragraph [0034]).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent App. Pub. No. 2018/0192818 to Epping in view of U.S. Patent App. Pub. No. 2011/0192287 to Riessbeck et al., WO 2005/102126A2 to Marconi and U.S. Patent App. Pub. No. 2019/0069713 to Dees et al. as applied to claim 1 above, and further in view of EP3305144A1 to De’Longhi et al.
Epping, Riessbeck, Marconi and Dees are relied upon as discussed above with respect to the rejection of claim 1.
As to claim 6, the combination of Epping, Riessbeck, Marconi and Dees does not explicitly disclose a stream-driven jet pump being connected upstream to the milk inlet and downstream to the distribution duct. De’Longhi discloses that it is known in the art to use a stream driven jet pumps to provide heated milk in a beverage machine (see De’Longhi paragraph [0027]). It would have been obvious to one of ordinary skill in the art at the time of filing to include a stream-driven jet pump in the beverage machine as disclosed by De’Longhi in order to provide heated milk as is known in the art.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent App. Pub. No. 2018/0192818 to Epping in view of U.S. Patent App. Pub. No. 2011/0192287 to Riessbeck et al., WO 2005/102126A2 to Marconi and U.S. Patent App. Pub. No. 2019/0069713 to Dees et al. as applied to claim 7 above, and further in view of DE102016100715A1 to Last et al. (see machine translation).
Epping, Riessbeck, Marconi and Dees are relied upon as discussed above with respect to the rejection of claim 7.
As to claim 8, while the combination of Epping, Riessbeck, Marconi and Dees discloses that there can be multiple connections from the cleaning chamber to the machine (see Epping paragraph [0043]), the combination of Epping, Riessbeck and Marconi does not explicitly disclose a cleaning branch and a rinse branch arranged in parallel, the cleaning branch being connected to the detergent supply and shut-off valves configured to selectively put the cleaning branch or the rinse branch in fluid communication with the water supply. Last discloses a similar machine with a cleaning device wherein the detergent supply and the rinse branches are arranged in parallel with shut-off valves configured to selectively put the cleaning branch or the rinse branch in fluid communication with the water supply (see Last Fig. 2, disclosing parallel branches L1 and 4 with shut-off valves V1 and V2). It would have been obvious to one of ordinary skill in the art at the time of filing to modify to the machine to include the branch lines and shut-off valves as disclosed by Last in order to allow selective control of the cleaning system to the machine as is known in the art.
Claim(s) 9 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent App. Pub. No. 2018/0192818 to Epping in view of U.S. Patent App. Pub. No. 2011/0192287 to Riessbeck et al., WO 2005/102126A2 to Marconi and U.S. Patent App. Pub. No. 2019/0069713 to Dees et al. as applied to claim 7 above, and further in view of EP3064104A1 to Quaratesi et al. and DE102016100740A1 to Last et al. (“DE’740”) (see machine translation).
Epping, Riessbeck, Marconi and Dees are relied upon as discussed above with respect to the rejection of claim 1.
As to claims 9 and 10, the combination of Epping, Riessbeck, Marconi and Dees does not explicitly disclose valves arranged on the between the flexible hose and the frothing head wherein in the first position, the washing water supply piping is connectable to the washing chamber and the washing valve in the second position, the washing water in the washing chamber is conveyable to the milk inlet and to the distribution duct of the frothing head. Use of valves to connect the milk chamber to the frothing head and the water supply is known in the art and does not provide patentable significance (see, e.g., Quaratesi Fig. 1, ref.#26 and 27; DE’740 Fig. 2, ref.#V2, V3). It would have been obvious to one of ordinary skill in the art at the time of filing to use valves to control the flow of fluids as is well known in the art.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument since Dees is relied upon for the newly added claim limitations as discussed above.
Conclusion
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/DOUGLAS LEE/Primary Examiner, Art Unit 1714