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 .
Election/Restrictions
Applicant's election with traverse of Invention I (claims 16-26) in the 07/27/2026 Reply is acknowledged. Inventions I and II are restricted under the PCT “Unity of Invention” standard.
The traversal is on the ground that the DIRREN reference fails to teach a feature allegedly shared by Inventions I and II. In particular, Applicant contends that “A feature shared by both groups is thus the formation of an accumulation of fluid at the milk outlet sufficient to drive fluid back through the milk inlet, counter to the direction in which the milk-conducting system conveys milk in ordinary operation” (07/27/2026 Reply at 2).
But Applicant’s assertion is contradicted by the plain text of Claims 16 and 27: the allegedly shared feature is not actually shared by Claims 16 and 27. The table below shows, in boldface, the features shared by Claims 16 and 27:
16. A method for cleaning and/or disinfecting and/or rinsing a milk-conducting system of a coffee machine for producing mixed coffee drinks,
wherein the milk-conducting system comprises:
a milk preparation device (1) having a milk outlet (2), a fluid inlet (3), and an air inlet (19) for frothing milk, and a milk inlet (4), which are designed for conveying milk from the milk inlet (4) to the milk outlet (2),
wherein the method comprises, in a filling step:
conveying a fluid, in particular water, through the milk outlet (2), so that an accumulation of fluid results, due to which the fluid flows at least partially through the milk inlet (4) in order to thus rinse the milk-conducting system.
27. A cleaning device (21), for cleaning and/or disinfecting and/or rinsing a milk-conducting system of a coffee machine wherein the cleaning device (21) comprises a collecting container (8) having a cover (10),
wherein the cover (10) has an inlet opening (11), which is connectable in a fluidically tight manner to a milk outlet (2) of a coffee machine, and in that the collecting container (8) has a drain opening (9),
wherein an accumulation of fluid can be formed in the milk outlet (2).
Although shared features include “an accumulation of fluid” and “the milk outlet (2),” the alleged relationship between said fluid accumulation and said milk outlet is not shared:
Claim 16 does not recite forming an accumulation of fluid at the milk outlet and does not even recite where the fluid accumulation is located. Claim 16 also does not recite the initial flow direction for “conveying a fluid…through the milk outlet,” let alone “drive fluid back through the milk inlet.” Thus, Applicant’s arguments rely on features not actually recited in Claim 16.
Claim 27 does not recite “sufficient to drive fluid back through the milk inlet, counter to the direction in which the milk-conducting system conveys milk in ordinary operation.” Indeed, Claim 27 does not even recite “milk inlet.” Thus, Applicant’s arguments rely on features not actually recited in Claim 27.
In sum, Applicant’s traversal is non-responsive because Applicant focuses on features not actually shared by Inventions I and II. Indeed, Applicant’s arguments rely on features not actually recited in Claims 16 and 27.
The restriction requirement is still proper and is therefore made FINAL.
Status of Claims
Non-elected claims 27- 30 are withdrawn. Claims 16-26 are examined on the merits.
Abstract
The abstract of the disclosure is objected to because it contains the language “(Figure 5)” at line 6, which should be deleted. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Information Disclosure Statement
The information disclosure statement filed 10/06/2023 fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because the IDS lacks a signature. The non-compliant IDS has been placed in the application file, but the information referred to therein has not been considered as to the merits.
Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 16-26 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 16 recites “cleaning and/or disinfecting and/or rinsing” at line 1, but also recites “rinse the milk-conducting system” at line 10. Thus, it’s unclear if “rinsing” recited at line 1 is required or not. If rinsing is required, then it’s unclear why “rinsing” is modified with “and/or” at line 1. Clarification is requested.
Claim 16 recites “in particular” at line 8. The phrase “in particular” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For examination purpose, any limitations following the phrase “in particular” are interpreted as optional elements.
Claim 16 recites “conveying a fluid, in particular water, through the milk outlet (2), so that an accumulation of fluid results” at lines 8-9. It’s unclear whether the action of “conveying a fluid…through the milk outlet” is sufficient by itself to create the fluid accumulation, or additional structure(s) and step(s) are required to create the fluid accumulation.
PNG
media_image1.png
389
737
media_image1.png
Greyscale
The specification discloses that the fluid accumulation is achieved by “closing the milk outlet tightly, for example via a rubber cap having a small hole or using a tightly connected cleaning device” (Spec. at ¶ 0007), but these features are not recited in Claim 16.
Thus, it’s unclear whether or not the recited “accumulation of fluid” requires additional structure(s) and step(s), such as closing the milk outlet tightly with a rubber cap or a cleaning device. Clarification is requested.
Claim 18 recites “in particular” at line 3. The phrase “in particular” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For examination purpose, any limitations following the phrase “in particular” are interpreted as optional elements.
Claim 18 recites “in particular” at line 4. The phrase “in particular” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For examination purpose, any limitations following the phrase “in particular” are interpreted as optional elements.
Claim 18 recites “an accumulation” at line 4. This term is unclear: An accumulation of what? The steam or the fluid (water)? Clarification is requested.
Claim 19 recites “in particular” at pg. 4 line 1. The phrase “in particular” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For examination purpose, any limitations following the phrase “in particular” are interpreted as optional elements.
Claim 19 recites “…with subsequent connecting of the milk supply line…” at pg. 4 line 1-2. This phrase is unclear: The step of connecting the milk supply line is subsequent to what? Clarification is requested.
Claim 20 recites “in particular” at line 3. The phrase “in particular” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For examination purpose, any limitations following the phrase “in particular” are interpreted as optional elements.
Claim 20 recites “in particular” at line 4. The phrase “in particular” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For examination purpose, any limitations following the phrase “in particular” are interpreted as optional elements.
Claim 20 recites “preferably” at line 4. The term “preferably” renders the claim indefinite because it is unclear whether the limitation(s) following the term are part of the claimed invention. See MPEP § 2173.05(d). For examination purpose, any limitations following the term “preferably” are interpreted as optional elements.
Claim 22 recites “the separating step” at line 2. There is insufficient antecedent basis for this limitation because Claim 16 does not recite a separating step.
Claim 23 recites “the accumulation at least partially results in that an input mass flow of the fluid through the fluid inlet (3) is limited by an output mass flow of the fluid out of the milk outlet (2).” It’s unclear what action/step, if any, is required by Claim 23. Indeed, it’s unclear whether “an input mass flow of the fluid through the fluid inlet” belongs to the same “filling step” recited in Claim 16 or a completely different step. Does Claim 23 require the fluid (of the “filling step”) to be conveyed through the fluid inlet? Clarification is requested.
Claim 24 recites “a compressible air cushion results in the collecting container.” This phrase is unclear: the air cushion results from what? Indeed, it’s unclear what action/step, if any, is required by Claim 24. Clarification is requested.
Claim 26 recites “a liquid level” at line 1. This term is unclear: A liquid level of what? Is the term referring to a liquid level of the fluid (in particular water) previously recited in Claim 16, or a liquid level of a different liquid? Clarification is requested.
The remaining claims are rejected because they depend on a claim rejected herein.
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.
Claim(s) 16-25 are rejected under 35 U.S.C. 103 as being unpatentable over BUETTIKER et al. (US PGPUB 20170013996), in view of WEBER (US PGPUB 20210251420).
Regarding Claim 16, BUETTIKER teaches a method for cleaning and/or disinfecting and/or rinsing a milk-conducting system of a coffee machine for producing mixed coffee drinks (see, e.g., abstract, Figs. 1-4, claims 1-7, ¶¶ 0012-22).
BUETTIKER teaches the milk-conducting system (see Figs. 1-4, ¶ 0068) comprises: a milk preparation device (milk preparation device 13) having a milk outlet (milk outlet 12), a fluid inlet (fluid inlet 41), and an air inlet (air inlet 51) for frothing milk (see ¶ 0071), and a milk inlet (milk inlet 61, which is also line connection 6), which are designed for conveying milk from the milk inlet to the milk outlet (see Figs. 1-4, ¶¶ 0069-70). In particular, the milk inlet 61 and the milk outlet 12 are two ends or outlets of a fluid channel formed inside milk preparation device 13 (see Figs. 1-4, ¶¶ 0015, 0047, 0068).
BUETTIKER teaches the method comprises, in a filling step: conveying a fluid, in particular water (see ¶ 0084), through the milk outlet (via milk outlet 12, see Fig. 4, ¶ 0084) and the fluid flows at least partially through the milk inlet (via milk inlet 61, see id.) in order to thus rinse the milk-conducting system (see id.), i.e., rinse the fluid channel formed inside the milk preparation device 13.
BUETTIKER does not explicitly teach “so that an accumulation of fluid results, due to which the fluid flows at least partially through the milk inlet.”
WEBER teaches cleaning a fluid channel of a coffee machine using a back-flushing technique (see abstract, Fig. 2A, ¶¶ 0012, 0039, cleaning tubes). WEBER teaches the fluid channel having a first end/outlet and a second end/outlet (see annotated Fig. 2A below). WEBER teaches placing a backflushing cap (container 10) on the first end/outlet (see abstract, Fig. 2A, ¶¶ 0012, 0039) and conveying a fluid (e.g., water) through the first end/outlet (see id.), so that an accumulation of fluid results (see id., water begins to fill up container 10), due to which the fluid flows at least partially through the second end/outlet in order to thus rinse the fluid channel (see id., water flows backwards toward the second end/outlet).
PNG
media_image2.png
683
1195
media_image2.png
Greyscale
Before the effective filing date of the claimed invention, it would’ve been obvious to a person having ordinary skill in the art to modify BUETTIKER’s method to incorporate a step of placing a backflushing cap on BUETTIKER’s milk outlet 12, with reasonable expectation of rinsing the fluid channel inside BUETTIKER’s milk preparation device. First, BUETTIKER already teaches using a fluid (e.g., water) to rinse the fluid channel formed inside BUETTIKER’s milk preparation device 13 (see ¶ 0084), wherein the fluid flows out of milk inlet 61, which is one of the two ends/outlets of the fluid channel. Second, it’s also known in the prior art to rinse a fluid channel of a coffee machine using a back-flushing technique, which comprises: placing a backflushing cap on a first end/outlet of the fluid channel and conveying a fluid (e.g., water) through the first end/outlet, so that an accumulation of fluid results, due to which the fluid flows at least partially through the second end/outlet in order to thus rinse the fluid channel (see WEBER). All the claimed elements were known in the prior art, and one skilled in the art could've combined the elements by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421 (2007); MPEP § 2143, A.
In the resulting combination of BUETTIKER and WEBER: a backflushing cap would be placed on BUETTIKER’s milk outlet 12, and a fluid (e.g., water) would be conveyed through the milk outlet, so that an accumulation of fluid results, due to which the fluid flows at least partially through BUETTIKER’s milk inlet 61 in order to thus rinse the milk-conducting system, i.e., rinse the fluid channel formed inside BUETTIKER’s milk preparation device 13.
Regarding Claim 17, the combination of BUETTIKER and WEBER teaches the method of Claim 16. The combination teaches that: in a cleaning step that is prior to the filling step (see BUETTIKER at Figs. 2-4, cleaning/disinfecting prior to rinsing): conveying a cleaning-active and/or disinfecting substance (see BUETTIKER at ¶¶ 0080-81) through the milk outlet (BUETTIKER’s milk outlet 12) in order to thus clean and/or disinfect the milk-conducting system (see BUETTIKER at Fig. 2, ¶¶ 0080-81).
Regarding Claim 18, the combination of BUETTIKER and WEBER teaches the method of Claim 16. The combination teaches that: in the filling step, the fluid (e.g., water) is supplied through BUETTIKER’s air inlet 51 (see BUETTIKER at ¶¶ 0024, 0084) and flows toward BUETTIKER’s milk outlet 12 and milk inlet 61 (as explained above).
The combination teaches that: in an expelling step that is after the filling step (see BUETTIKER at ¶¶ 0026-27, 0084): supplying intermittently steam in order to expel the fluid (e.g., water) through the milk outlet (BUETTIKER’s milk outlet 12) (see BUETTIKER at ¶¶ 0026-27, 0084, steam drives out residual water from the entire milk-carrying system). And because the steam—like the water—is also supplied through BUETTIKER’s air inlet 51 (see BUETTIKER at ¶¶ 0026-27, 0084), the combination teaches or suggests that the steam is supplied through both milk outlet 12 and milk inlet 61 of BUETTIKER.
Regarding Claim 19, the combination of BUETTIKER and WEBER teaches the method of Claim 16. The combination teaches that: in a separating step that is prior to the filling step (see BUETTIKER at ¶ 0076, at the start of the cleaning/disinfecting process): separating a milk supply line (BUETTIKER’s milk delivery line 80) from a milk container (BUETTIKER’s milk container 7) (see BUETTIKER at ¶ 0076), and subsequently connecting the milk supply line (BUETTIKER’s line 80) to a mixing container (BUETTIKER’s container 10) so that a fluid connection is established between the mixing container (BUETTIKER’s container 10) and the milk inlet (BUETTIKER’s milk inlet 61) (see BUETTIKER at ¶¶ 0076-78, Figs. 1-4).
Regarding Claim 20, the combination of BUETTIKER and WEBER teaches the method of Claim 16. The combination teaches that: in a connecting step that is prior to the filling step (as explained above, placing the backflushing cap on the milk outlet): connecting the milk outlet (BUETTIKER’s milk outlet 12) to a collecting container (the backflushing cap placed on the milk outlet, as explained above), wherein the connection between the collecting container and the milk outlet is fluidically sealed (see WEBER at ¶ 0045).
Regarding Claim 21, the combination of BUETTIKER and WEBER teaches the method of Claim 16. The combination teaches that: in an activating step prior to the filling step (see BUETTIKER at ¶ 0028, before delivering any cleaning fluid): supplying a fluid (e.g., water) into a mixing container (BUETTIKER’s container 10) in order to activate a cleaning-active and/or disinfecting substance (see BUETTIKER at ¶¶ 0028-29, 0044-45, 0057, using water to activate the cleaning/ disinfecting substance).
Regarding Claim 22, the combination of BUETTIKER and WEBER teaches the method of Claim 16. The combination teaches the method is carried out in an automated manner (see BUETTIKER at ¶ 0087, the cleaning/disinfecting process is automated using control device 100) at least after the separating step (see BUETTIKER at ¶ 0076, a human operator manually separates the milk supply line 80, a step that initiates the cleaning/disinfecting process).
Regarding Claim 23, the combination of BUETTIKER and WEBER teaches the method of Claim 16.
The combination teaches that, in the milk preparation device (BUETTIKER’s milk preparation device 13): the milk outlet (BUETTIKER’s milk outlet 12), the fluid inlet (BUETTIKER’s fluid inlet 41), the air inlet (BUETTIKER’s air inlet 51), and the milk inlet (BUETTIKER’s milk inlet 61) are all in fluid communications with each other. For example, water supplied through the air inlet would flow out of the milk inlet and the milk outlet (see BUETTIKER at Fig. 4, ¶ 0084). As another example, a fluid supplied through the fluid inlet creates a Venturi effect that draws a cleaning/disinfecting fluid into the milk inlet and towards the milk outlet (see BUETTIKER at Fig. 2, ¶ 0024, claim 1). In other words, BUETTIKER’s fluid inlet 41 is in fluid communications with BUETTIKER’s milk outlet 12 and BUETTIKER’s milk inlet 61.
As explained above, the combination teaches placing a backflushing cap on BUETTIKER’s milk outlet 12 and conveying a fluid (e.g., water) through the milk outlet to create an accumulation of the fluid, which in turn causes the fluid to flow at least partially through BUETTIKER’s milk inlet 61.
The combination teaches that the fluid is supplied via the air inlet (BUETTIKER’s air inlet 51), which means there is an input mass flow of the fluid through the air inlet.
The combination teaches that, due to the backflushing cap placed on the milk outlet (BUETTIKER’s milk outlet 12), there is a backflow/backflush of the fluid at the milk outlet, i.e., there is an output mass flow of the fluid out of the milk outlet.
Because the air inlet (BUETTIKER’s air inlet 51) and the milk outlet (BUETTIKER’s milk outlet 12) are in fluid communications with each other, this means that the input mass flow through the air inlet would come into contact with the output mass flow out of the milk outlet, wherein the two mass flows would push against each other. In other words, the combination teaches or suggests that: the accumulation at least partially results in that an input mass flow of the fluid through the air inlet (BUETTIKER’s air inlet 51) is limited by an output mass flow of the fluid out of the milk outlet (BUETTIKER’s milk outlet 12).
The combination does not explicitly teach that the input mass flow of the fluid occurs at the fluid inlet (BUETTIKER’s fluid inlet 41). But the combination already teaches that:
BUETTIKER’s fluid inlet 41 is in fluid communications with BUETTIKER’s milk outlet 12 and BUETTIKER’s milk inlet 61 (as explained above);
Water may be supplied into the fluid channel inside BUETTIKER’s milk preparation device 13 through BUETTIKER’s fluid inlet 41 (see BUETTIKER at Fig. 2, ¶¶ 0068, 0089, milk preparation 13 is connected to water tank 1 via line 40 and inlet 41);
BUETTIKER’s fluid inlet 41 and air inlet 51 are structurally the same: both are openings or ports in the milk preparation device. BUETTIKER’s fluid inlet 41 allows a gas to flow through (see BUETTIKER at Figs. 1-4, ¶¶ 0024, 0070) and allows a liquid to flow through (see BUETTIKER at Fig. 2, ¶¶ 0068, 0089). Likewise, BUETTIKER’s air inlet 51 allows a gas to flow through (see BUETTIKER at Figs. 1-4, ¶¶ 0039, 0071) and allows a liquid to flow through (see BUETTIKER at Figs. 1-4, ¶ 0084).
Before the effective filing date of the claimed invention, it would’ve been obvious to a person having ordinary skill in the art to further modify the combination of BUETTIKER and WEBER to supply the fluid (e.g., water) through BUETTIKER’s fluid inlet 41 instead of BUETTIKER’s air inlet 51, with reasonable expectation of rinsing the fluid channel inside BUETTIKER’s milk preparation device 13. Just like the air inlet, the fluid inlet is in fluid communications with the milk outlet and milk inlet, and the fluid inlet may supply water to rinse the fluid channel inside the milk preparation device. Indeed, the air inlet and the fluid inlet are structurally the same: both are openings or ports in the milk preparation device. The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421 (2007); MPEP § 2143, B. Supplying water through BUETTIKER’s fluid inlet 41 (instead of BUETTIKER’s air inlet 51) would achieve the predictable result of rinsing the fluid channel inside BUETTIKER’s milk preparation device 13.
In the resulting modification of BUETTIKER and WEBER:
water would be supplied into the fluid channel of BUETTIKER’s milk preparation device 13 through BUETTIKER’s fluid inlet 41, i.e., there’s an input mass flow of the fluid through the fluid inlet;
due to the backflushing cap placed on BUETTIKER’s milk outlet 12 (as explained above), there is a backflow/backflush of the fluid at the milk outlet, i.e., there is an output mass flow of the fluid out of the milk outlet;
the input mass flow and the output mass flow would contact and push against each other, which means the accumulation at least partially results in that an input mass flow of the fluid through the fluid inlet (BUETTIKER’s fluid inlet 41) is limited by an output mass flow of the fluid out of the milk outlet (BUETTIKER’s milk outlet 12).
Regarding Claim 24, the combination of BUETTIKER and WEBER teaches the method of Claim 20. As explained above, the combination teaches that: prior to the filling step, the collecting container (i.e., the backflushing cap) is connected to the milk outlet (BUETTIKER’s milk outlet 12), wherein the connection between the collecting container and the milk outlet is fluidically sealed.
A person of ordinary skill in the art would understand or reasonably expect that the coffee machine, a known consumer product, is cleaned under ambient conditions—such as at a home, an office, a coffee shop, etc.—instead of under vacuum. This means or reasonably suggests that the collecting container (i.e., backflushing cap) contains air before the collecting container is fluidically sealed to the milk outlet. In other words, the combination teaches or reasonably suggests that a compressible air cushion results in the collecting container.
Regarding Claim 25, the combination of BUETTIKER and WEBER teaches the method of Claim 20. The combination teaches a mixing container (BUETTIKER’s container 10), which is in fluid connection with the milk inlet (BUETTIKER’s milk inlet 61) (see BUETTIKER at ¶¶ 0076-78, Figs. 1-4).
The combination teaches wherein the collecting container (the backflushing cap) has an outlet opening (see WEBER at Fig. 3A), which is circular (see id.) and/or matched to the milk outlet (as explained above, the backflushing cap is placed on BUETTIKER’s milk outlet 12), and through which fluid can flow into the mixing container (as explained above, the accumulation or backflush of fluid causes the fluid to flow at least partially through BUETTIKER’s milk inlet 61, which means the fluid also flows to BUETTIKER’s mixing container 10).
Claim(s) 16-25 are rejected under 35 U.S.C. 103 as being unpatentable over BUETTIKER et al. (US PGPUB 20170013996), in view of RIESSBECK et al. (European Publication EP3415053A1, as translated by Espacenet).
Regarding Claim 16, BUETTIKER teaches a method for cleaning and/or disinfecting and/or rinsing a milk-conducting system of a coffee machine for producing mixed coffee drinks (see, e.g., abstract, Figs. 1-4, claims 1-7, ¶¶ 0012-22).
BUETTIKER teaches the milk-conducting system (see Figs. 1-4, ¶ 0068) comprises: a milk preparation device (milk preparation device 13) having a milk outlet (milk outlet 12), a fluid inlet (fluid inlet 41), and an air inlet (air inlet 51) for frothing milk (see ¶ 0071), and a milk inlet (milk inlet 61, which is also line connection 6), which are designed for conveying milk from the milk inlet to the milk outlet (see Figs. 1-4, ¶¶ 0069-70). In particular, the milk inlet 61 and the milk outlet 12 are two ends or outlets of a fluid channel formed inside milk preparation device 13 (see Figs. 1-4, ¶¶ 0015, 0047, 0068).
BUETTIKER teaches the method comprises, in a filling step: conveying a fluid, in particular water (¶ 0084), through the milk outlet (via milk outlet 12, see Fig. 4, ¶ 0084) and the fluid flows at least partially through the milk inlet (via milk inlet 61, see id.) in order to thus rinse the milk-conducting system (see id.).
BUETTIKER does not explicitly teach “so that an accumulation of fluid results, due to which the fluid flows at least partially through the milk inlet.”
RIESSBECK teaches an elastic cap (flushing chamber 5, see Figs. 3-4, ¶¶ 0030-31) having a small hole (hole 18, see Figs. 3-4, ¶ 0032). The elastic cap is placed on an end/outlet of a fluid channel (see Figs. 3-4, ¶¶ 0030-32). When a cleaning fluid is conveyed through the fluid channel and into the elastic cap, the cleaning fluid backflows and accumulates inside the elastic cap (see Figs. 3-4, ¶¶ 0009, 0013-15, 0023, 0031-32): in a given time period, the amount of fluid flowing into the elastic cap from the end/outlet exceeds the amount of fluid flowing out of the elastic cap via the small hole (see Figs. 3-4, ¶ 0015). The backflow and accumulation of fluid perform cleaning on an outer circumferential surface (e.g., surface 11) of said end/outlet of the fluid channel (see Figs. 3-4, ¶¶ 0031-32).
PNG
media_image3.png
652
803
media_image3.png
Greyscale
Before the effective filing date of the claimed invention, it would’ve been obvious to a person having ordinary skill in the art to modify BUETTIKER’s method to incorporate a step of placing an elastic cap on BUETTIKER’s milk outlet 12, with reasonable expectation of creating fluid accumulation and cleaning the milk outlet. First, BUETTIKER already teaches conveying a cleaning fluid through milk outlet 12 (see Fig. 4, ¶ 0084), which means milk outlet 12 is subjected to cleaning. By placing an elastic cap on milk outlet 12, it’s possible to clean an outer circumferential surface of the milk outlet (see RIESSBECK). Given this benefit, one of ordinary skill in the art would’ve been motivated to place an elastic cap on BUETTIKER’s milk outlet 12 so that an accumulation of fluid results, thereby cleaning an outer circumferential surface of the milk outlet. Second, it’s already known in the prior art to convey a cleaning fluid through an end/ outlet of a fluid channel (see BUETTIKER; see RIESSBECK). It’s also known in the prior art to place an elastic cap on such end/outlet so that an accumulation of the fluid results (see RIESSBECK). All the claimed elements were known in the prior art, and one skilled in the art could've combined the elements by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421 (2007); MPEP § 2143, A.
In the resulting combination of BUETTIKER and RIESSBECK:
an elastic cap (having a small hole) would be placed on BUETTIKER’s milk outlet 12, and a fluid (e.g., water) would be conveyed through the milk outlet, so that an accumulation and backflow of the fluid results—in a given time period, the amount of fluid flowing into the elastic cap from the end/outlet exceeds the amount of fluid flowing out of the elastic cap via the small hole;
because a limited amount of fluid is flowing out via the small hole of the elastic cap placed on BUETTIKER’s milk outlet 12, the fluid would flow at least partially through BUETTIKER’s milk inlet 61, which is in fluid communication with the milk outlet; indeed, BUETTIKER already teaches that the fluid flows through the milk inlet (see BUETTIKER at Fig. 4, ¶ 0084).
Regarding Claim 17, the combination of BUETTIKER and RIESSBECK teaches the method of Claim 16. The combination teaches that: in a cleaning step that is prior to the filling step (see BUETTIKER at Figs. 2-4, cleaning/disinfecting prior to rinsing): conveying a cleaning-active and/or disinfecting substance (see BUETTIKER at ¶¶ 0080-81) through the milk outlet (BUETTIKER’s milk outlet 12) in order to thus clean and/or disinfect the milk-conducting system (see BUETTIKER at Fig. 2, ¶¶ 0080-81).
Regarding Claim 18, the combination of BUETTIKER and RIESSBECK teaches the method of Claim 16. The combination teaches that: in the filling step, the fluid (e.g., water) is supplied through BUETTIKER’s air inlet 51 (see BUETTIKER at ¶¶ 0024, 0084) and flows toward BUETTIKER’s milk outlet 12 and milk inlet 61 (as explained above).
The combination teaches that: in an expelling step that is after the filling step (see BUETTIKER at ¶¶ 0026-27, 0084): supplying intermittently steam in order to expel the fluid (e.g., water) through the milk outlet (BUETTIKER’s milk outlet 12) (see BUETTIKER at ¶¶ 0026-27, 0084, steam drives out residual water from the entire milk-carrying system). And because the steam—like the water—is also supplied through BUETTIKER’s air inlet 51 (see BUETTIKER at ¶¶ 0026-27, 0084), the combination teaches or suggests that the steam is supplied through both milk outlet 12 and milk inlet 61 of BUETTIKER.
Regarding Claim 19, the combination of BUETTIKER and RIESSBECK teaches the method of Claim 16. The combination teaches that: in a separating step that is prior to the filling step (see BUETTIKER at ¶ 0076, at the start of the cleaning/disinfecting process): separating a milk supply line (BUETTIKER’s milk delivery line 80) from a milk container (BUETTIKER’s milk container 7) (see BUETTIKER at ¶ 0076), and subsequently connecting the milk supply line (BUETTIKER’s line 80) to a mixing container (BUETTIKER’s container 10) so that a fluid connection is established between the mixing container (BUETTIKER’s container 10) and the milk inlet (BUETTIKER’s milk inlet 61) (see BUETTIKER at ¶¶ 0076-78, Figs. 1-4).
Regarding Claim 20, the combination of BUETTIKER and RIESSBECK teaches the method of Claim 16. The combination teaches that: in a connecting step that is prior to the filling step (as explained above, placing the elastic cap on the milk outlet): connecting the milk outlet (BUETTIKER’s milk outlet 12) to a collecting container (the elastic cap placed on the milk outlet, as explained above), wherein the connection between the collecting container and the milk outlet is fluidically sealed (see RIESSBECK at ¶¶ 0021, 0031).
Regarding Claim 21, the combination of BUETTIKER and RIESSBECK teaches the method of Claim 16. The combination teaches that: in an activating step prior to the filling step (see BUETTIKER at ¶ 0028, before delivering any cleaning fluid): supplying a fluid (e.g., water) into a mixing container (BUETTIKER’s container 10) in order to activate a cleaning-active and/or disinfecting substance (see BUETTIKER at ¶¶ 0028-29, 0044-45, 0057, using water to activate the cleaning/ disinfecting substance).
Regarding Claim 22, the combination of BUETTIKER and RIESSBECK teaches the method of Claim 16. The combination teaches the method is carried out in an automated manner (see BUETTIKER at ¶ 0087, the cleaning/disinfecting process is automated using control device 100) at least after the separating step (see BUETTIKER at ¶ 0076, a human operator manually separates the milk supply line 80, a step that initiates the cleaning/disinfecting process).
Regarding Claim 23, the combination of BUETTIKER and RIESSBECK teaches the method of Claim 16.
The combination teaches that, in the milk preparation device (BUETTIKER’s milk preparation device 13): the milk outlet (BUETTIKER’s milk outlet 12), the fluid inlet (BUETTIKER’s fluid inlet 41), the air inlet (BUETTIKER’s air inlet 51), and the milk inlet (BUETTIKER’s milk inlet 61) are all in fluid communications with each other. For example, water supplied through the air inlet would flow out of the milk inlet and the milk outlet (see BUETTIKER at Fig. 4, ¶ 0084). As another example, a fluid supplied through the fluid inlet creates a Venturi effect that draws a cleaning/disinfecting fluid into the milk inlet and towards the milk outlet (see BUETTIKER at Fig. 2, ¶ 0024, claim 1). In other words, BUETTIKER’s fluid inlet 41 is in fluid communications with BUETTIKER’s milk outlet 12 and BUETTIKER’s milk inlet 61.
As explained above, the combination teaches placing an elastic cap on BUETTIKER’s milk outlet 12 and conveying a fluid (e.g., water) through the milk outlet to create an accumulation of the fluid, which in turn causes the fluid to flow at least partially through BUETTIKER’s milk inlet 61.
The combination teaches that the fluid is supplied via the air inlet (BUETTIKER’s air inlet 51), which means there is an input mass flow of the fluid through the air inlet.
The combination teaches that, due to the elastic cap placed on the milk outlet (BUETTIKER’s milk outlet 12), there is a backflow/backflush of the fluid at the milk outlet, i.e., there is an output mass flow of the fluid out of the milk outlet.
Because the air inlet (BUETTIKER’s air inlet 51) and the milk outlet (BUETTIKER’s milk outlet 12) are in fluid communications with each other, this means that the input mass flow through the air inlet would come into contact with the output mass flow out of the milk outlet, wherein the two mass flows would push against each other. In other words, the combination teaches or suggests that: the accumulation at least partially results in that an input mass flow of the fluid through the air inlet (BUETTIKER’s air inlet 51) is limited by an output mass flow of the fluid out of the milk outlet (BUETTIKER’s milk outlet 12).
The combination does not explicitly teach that the input mass flow of the fluid occurs at the fluid inlet (BUETTIKER’s fluid inlet 41). But the combination already teaches that:
BUETTIKER’s fluid inlet 41 is in fluid communications with BUETTIKER’s milk outlet 12 and BUETTIKER’s milk inlet 61 (as explained above);
Water may be supplied into the fluid channel inside BUETTIKER’s milk preparation device 13 through BUETTIKER’s fluid inlet 41 (see BUETTIKER at Fig. 2, ¶¶ 0068, 0089, milk preparation 13 is connected to water tank 1 via line 40 and inlet 41);
BUETTIKER’s fluid inlet 41 and air inlet 51 are structurally the same: both are openings or ports in the milk preparation device. BUETTIKER’s fluid inlet 41 allows a gas to flow through (see BUETTIKER at Figs. 1-4, ¶¶ 0024, 0070) and allows a liquid to flow through (see BUETTIKER at Fig. 2, ¶¶ 0068, 0089). Likewise, BUETTIKER’s air inlet 51 allows a gas to flow through (see BUETTIKER at Figs. 1-4, ¶¶ 0039, 0071) and allows a liquid to flow through (see BUETTIKER at Figs. 1-4, ¶ 0084).
Before the effective filing date of the claimed invention, it would’ve been obvious to a person having ordinary skill in the art to further modify the combination of BUETTIKER and RIESSBECK to supply the fluid (e.g., water) through BUETTIKER’s fluid inlet 41 instead of BUETTIKER’s air inlet 51, with reasonable expectation of rinsing the fluid channel inside BUETTIKER’s milk preparation device 13. Just like the air inlet, the fluid inlet is in fluid communications with the milk outlet and milk inlet, and the fluid inlet may supply water to rinse the fluid channel inside the milk preparation device. Indeed, the air inlet and the fluid inlet are structurally the same: both are openings or ports in the milk preparation device. The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421 (2007); MPEP § 2143, B. Supplying water through BUETTIKER’s fluid inlet 41 (instead of BUETTIKER’s air inlet 51) would achieve the predictable result of rinsing the fluid channel inside BUETTIKER’s milk preparation device 13.
In the resulting modification of BUETTIKER and RIESSBECK:
water would be supplied into the fluid channel of BUETTIKER’s milk preparation device 13 through BUETTIKER’s fluid inlet 41, i.e., there’s an input mass flow of the fluid through the fluid inlet;
due to the elastic cap placed on BUETTIKER’s milk outlet 12 (as explained above), there is a backflow/backflush of the fluid at the milk outlet, i.e., there is an output mass flow of the fluid out of the milk outlet;
the input mass flow and the output mass flow would contact and push against each other, which means the accumulation at least partially results in that an input mass flow of the fluid through the fluid inlet (BUETTIKER’s fluid inlet 41) is limited by an output mass flow of the fluid out of the milk outlet (BUETTIKER’s milk outlet 12).
Regarding Claim 24, the combination of BUETTIKER and RIESSBECK teaches the method of Claim 20. As explained above, the combination teaches that: prior to the filling step, the collecting container (i.e., the elastic cap) is connected to the milk outlet (BUETTIKER’s milk outlet 12), wherein the connection between the collecting container and the milk outlet is fluidically sealed.
A person of ordinary skill in the art would understand or reasonably expect that the coffee machine, a known consumer product, is cleaned under ambient conditions—such as at a home, an office, a coffee shop, etc.—instead of under vacuum. This means or reasonably suggests that the collecting container (i.e., elastic cap) contains air before the collecting container is fluidically sealed to the milk outlet. In other words, the combination teaches or reasonably suggests that a compressible air cushion results in the collecting container.
Regarding Claim 25, the combination of BUETTIKER and RIESSBECK teaches the method of Claim 20. The combination teaches a mixing container (BUETTIKER’s container 10), which is in fluid connection with the milk inlet (BUETTIKER’s milk inlet 61) (see BUETTIKER at ¶¶ 0076-78, Figs. 1-4).
The combination teaches wherein the collecting container (the elastic cap) has an outlet opening (see RIESSBECK at Figs. 3-4), which is circular (see id.) and/or matched to the milk outlet (as explained above, the elastic cap is placed on BUETTIKER’s milk outlet 12), and through which fluid can flow into the mixing container (as explained above, the accumulation or backflow of fluid causes the fluid to flow at least partially through BUETTIKER’s milk inlet 61, which means the fluid also flows to BUETTIKER’s mixing container 10).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over JASKOLKA (German Publication DE102008014886A1, as translated by Espacenet), in view of BUETTIKER et al. (US PGPUB 20170013996).
Regarding Claim 16, JASKOLKA teaches a method for cleaning or rinsing a milk-conducting system (cleaning milk frother 2, see Figs. 1-3, ¶¶ 0001, 0008, 0018, 0023) of a coffee machine for producing mixed coffee drinks (see ¶¶ 0008, 0018).
PNG
media_image4.png
850
807
media_image4.png
Greyscale
JASKOLKA’s milk-conducting system comprises: a milk preparation device (milk frother 2) having a milk outlet (see annotated Fig. 3 above), a fluid inlet (see id.) and a milk inlet (see id.), which are designed for conveying milk from the milk inlet to the milk outlet (see Figs. 1-3, ¶ 0018, milk is drawn at milk inlet 6 and dispensed through milk channel 4).
JASKOLKA’s method comprises, in a filling step: conveying a fluid, in particular water, through the milk outlet (see Fig. 3, ¶¶ 0021, 0023, water enters through milk outlet), so that an accumulation of fluid results (see id., backflushing the milk channel 4), due to which the fluid flows at least partially through the milk inlet (see id., the water reaches milk inlet 6) in order to thus rinse the milk-conducting system (see id.).
JASKOLKA does not explicitly teach that the milk preparation device (milk frother 2) has an “air inlet for frothing milk,” but such structure is implicitly taught or still reasonably expected because JASKOLKA teaches an emulsifying chamber 5 (see Fig. 3, ¶¶ 0008-09, 0018) for emulsifying milk with air (see ¶¶ 0001, 0008, 0018), which means or suggests that the milk preparation device has an air inlet for supplying air needed to froth milk.
Alternatively, if JASKOLKA’s teachings do not clearly envisage an “air inlet for frothing milk,” such structure already existed in the prior art in order to supply air for frothing milk. See BUETTIKER at Figs. 1-4, ¶¶ 0068, 0071 (air inlet 51 for frothing milk). All the claimed elements were known in the prior art, and one skilled in the art could've combined the elements by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421 (2007); MPEP § 2143, A.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD ZHANG whose telephone number is (571)272-3422. The examiner can normally be reached M-F 09:00-17:00 Eastern.
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, KAJ OLSEN can be reached at (571) 272-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RICHARD Z. ZHANG/Examiner, Art Unit 1714
Prosecution Insights