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 statements (IDS) submitted on 07/06/2023, 07/06/2023, and 01/11/2024 were filed. 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 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.
Claims 1-3, 5, 7, 10, 13-14, 16, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Anthony (US11246446B2).
Regarding claim 1, Anthony teaches an adapter assembly for use in a beverage system, comprising:
a brew basket (60) defining a cavity (34A) therein and having a fluid outlet (38);
a pod adapter (80) receivable within the cavity in the brew basket (60 Col. 14 lines 35-40), the pod adapter (80) having at least one engagement feature (136, 138) configured to be received within at least one corresponding slot (158) in the brew basket (60 Col. 20 lines 10-20 first and second engagement members 136 , 138 may be received within corresponding openings or cavities formed in the brew basket 60); and
a filter assembly (Col. 13 lines 25-30 disposable or permanent filter, Col. 21 lines 60-65 shower head) receivable within the cavity (34A)in the brew basket (60), the filter assembly including a filter body (Col. 13 lines 25-30 disposable or permanent filter in basket 34A) configured to allow fluid flow therethrough, and a shower head (shower head) coupled to the filter body (Col. 13 lines 25-30 disposable or permanent filter), the shower head (Col. 21 lines 60-65 shower head) being configured to receive fluid through an opening (160) therein and to distribute fluid into the filter body (Col. 21 lines 60-65 deliver the fluid to the brew chamber 34a in a manner similar to a shower head, where the filter is within the brew chamber 34A).
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Fig. 8B of Anthony
Regarding claim 2, Anthony teaches the adapter assembly of claim 1,
wherein the pod adapter (80) includes a first engagement feature (136) and a second engagement (138) feature arranged opposite each other (Fig. 8B).
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Fig. 8A of Anthony
Regarding claim 3, Anthony teaches the adapter assembly of claim 1,
wherein the pod adapter (80) and filter assembly (Col. 13 lines 25-30 disposable or permanent filter, Col. 21 lines 60-65 shower head) are configured to be independently positioned to receive a projection (110) on a beverage brewing apparatus (20) when seated in the brew basket (60) with the brew basket (60) disposed in the beverage brewing apparatus (20, Fig. 8A, where the filter is within cavity 34A of basket 60 and receives projection 110 independently in regards to the pod adapter 80).
Regarding claim 5, Anthony teaches the adapter assembly of claim 1,
wherein the fluid outlet (38) in the brew basket (60) includes a movable drip-stop door (Col. 11 lines 15-25 steeping valve) configured to move between an open position for allowing fluid to flow through the fluid outlet, and a closed position for preventing fluid from flowing through the fluid outlet (Col. 11 lines 15-25 a steeping valve (not shown) operable to selectively seal the opening 38; steeping valve may be movable between an open and closed position).
Regarding claim 7, Anthony teaches the adapter assembly of claim 1,
wherein the brew basket (60) includes a first handle extending (Annotated Fig. 8A) radially outward from the brew basket (60).
Regarding claim 10, Anthony teaches a beverage system, comprising:
a housing (24) having a brew chamber (30) therein;
a brew basket (60) removably seated (Col. 2 lines 45-55 brew basket removable connectable to the housing, having the brew chamber) within the brew chamber (30);
a pod adapter (80) receivable within the cavity in the brew basket (60 Col. 14 lines 35-40),
the pod adapter (80) having at least one engagement feature (136, 138) configured to be received within at least one corresponding slot (158) in the brew basket (60 Col. 20 lines 10-20 first and second engagement members 136 , 138 may be received within corresponding openings or cavities formed in the brew basket 60);
and configured to engage a corresponding feature (122) in the brew chamber (30) such that the pod adapter (80) and brew basket (60) are retained within the brew chamber (30).
Regarding claim 13, Anthony teaches the adapter assembly of claim 10,
wherein the brew chamber (30) includes a movable lid (102) having a fluid outlet (112) thereon configured to deliver fluid into the brew chamber (30, Col. 15 lines 35-55).
Regarding claim 14, Anthony teaches the beverage system of claim 10,
wherein the brew basket (34) includes a fluid outlet (38) and a movable drip-stop door (steeping valve) configured to move between an open position for allowing fluid to flow through the fluid outlet, and a closed position for preventing fluid from flowing through the fluid outlet (Col. 11 lines 15-40 a steeping valve (not shown) operable to selectively seal the opening 38).
Regarding claim 16, Anthony teaches a beverage system, comprising:
a housing (24);
a brew basket (60) positioned on the housing (24),
the brew basket (60) defining an inner cavity (34a) and having a first fluid outlet therein (38);
a lid (102) movably coupled to the housing (24) and having a projection (110) including a second fluid outlet (112) therein, the lid (102) being movable between an open position and a closed position (Col 14 lines 50-67 open and closed position of lid 102);
a pod adapter (80) removably receivable in the brew basket (60, Col. 13 lines 60-65 adapter 80 configured to removably couple to the first end 66 of the brew basket 60.),
the pod adapter (80) having an inner chamber configured to seat a pod (198) such that the projection (110) can penetrate the pod when the lid is in the closed position (Col. 15 lines 30-45 one needle 110 or other device configured to pierce or puncture a lid of a cartridge 198 );
a filter assembly (Col. 13 lines 25-30 disposable or permanent filter, Col. 21 lines 60-65 shower head) removably receivable in the brew basket (60),
the filter assembly including a filter body (Col. 13 lines 25-30 disposable or permanent filter in basket 34A, being the interior of brew basket 60) that is at least partially porous for allowing fluid flow therethrough (Col. 13 lines 25-30 a disposable or permanent filter (not shown) such as commonly used in conjunction with a loose flavorant during a beverage brewing process, known to be partially porous),
and a showerhead (Col. 21 lines 60-65 shower head) coupled to the filter body (Col. 13 lines 25-30 disposable or permanent filter)
and having a fluid inlet (160) configured to receive the projection (110) for allowing fluid to be delivered into the showerhead (Col. 21 lines 60-65 shower head),
the showerhead being configured to distribute the fluid into the filter body (Col. 21 lines 60-65 deliver the fluid to the brew chamber 34a in a manner similar to a shower head, where the filter is within the brew chamber 34A).
Regarding claim 18, Anthony teaches the beverage system of claim 16,
the pod adapter (80) having at least one engagement feature (136, 138) configured to be received within at least one corresponding slot (158) in the brew basket (60 Col. 20 lines 10-20 first and second engagement members 136 , 138 may be received within corresponding openings or cavities formed in the brew basket 60);
and configured to engage a corresponding feature (122) in the brew chamber (30) such that the pod adapter (80) and brew basket (60) are retained within the brew chamber (30).
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 4, 6, 11-12, 15, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Anthony (US11246446B2) as applied to claims 1, 10, and 16 above, and further in view of Cable (US10342377B2).
Regarding claim 4, Anthony teaches the adapter assembly of claim 1,
wherein the at least one engagement feature (136, 138) comprises a spring-loaded projection (Col. 19 lines 55-67 spring biased-plungers 146), but is silent on configured to engage a corresponding detent in a beverage brewing apparatus.
Cable teaches a spring-loaded projection (330) configured to engage a corresponding detent (1100) in a beverage brewing apparatus (202, Col. 7 lines 50-67).
Anthony and Cable are considered to be analogous to the claimed invention because they are in the same field of beverage devices. It would have been obvious to have modified the engagement member as taught in Anthony with the spring and detent taught in Cable in order to be able to form a locking function that is still able to response to external movements, being less rigid (Cable Col. 13 lines 50-67).
Regarding claim 6, Anthony teaches the adapter assembly of claim 5, but is silent on wherein the pod adapter is configured to bias the movable drip-stop door to the open position when inserted into the brew basket.
Cable teaches wherein the pod adapter (500) is configured to bias the movable drip-stop door (540) to the open position when inserted into the brew basket (310, Col. 11 lines 1-35 placing the beverage pod on the inner portion 500, causes valve 540 to move in a distal direction, taken to an open position).
It would have been obvious to have modified Anthony to incorporate the teachings of Cable to have the pod adaptor bias the door to an open position when inserted into the brew basket in order to be able to open a fluid communication path to the pod adapter so that the beverage from the pod may be exited and dispensed once brewed (Cable Col. 12 lines 40-55).
Regarding claim 11, Anthony teaches the adapter assembly of claim 10, but is silent on wherein the pod adapter is configured to bias the movable drip-stop door to the open position when inserted into the brew basket.
Cable teaches wherein the pod adapter (500) is configured to bias the movable drip-stop door (540) to the open position when inserted into the brew basket (310, Col. 11 lines 1-35 placing the beverage pod on the inner portion 500, causes valve 540 to move in a distal direction, taken to an open position).
It would have been obvious to have modified Anthony to incorporate the teachings of Cable to have the pod adaptor bias the door to an open position when inserted into the brew basket in order to be able to open a fluid communication path to the pod adapter so that the beverage from the pod may be exited and dispensed once brewed (Cable Col. 12 lines 40-55).
Regarding claim 12, Anthony teaches the adapter assembly of claim 10,
wherein the at least one engagement feature (136, 138) comprises a spring-loaded projection (Col. 19 lines 55-67 spring biased-plungers 146), but is silent on configured to engage a corresponding detent in a beverage brewing apparatus.
Cable teaches a spring-loaded projection (330) configured to engage a corresponding detent (1100) in a beverage brewing apparatus (202, Col. 7 lines 50-67).
It would have been obvious to have modified the engagement member as taught in Anthony with the spring and detent taught in Cable in order to be able to form a locking function that is still able to response to external movements, being less rigid (Cable Col. 13 lines 50-67).
Regarding claim 15, Anthony teaches the adapter assembly of claim 14, but is silent on wherein the pod adapter is configured to bias the movable drip-stop door to the open position when inserted into the brew basket and the at least one engagement feature is engaged with the corresponding feature in the brew chamber.
Cable teaches wherein the pod adapter (500) is configured to bias the movable drip-stop door (540) to the open position when inserted into the brew basket (310, Col. 11 lines 1-35 placing the beverage pod on the inner portion 500, causes valve 540 to move in a distal direction, taken to an open position) and the at least one engagement feature (330) is engaged with the corresponding feature (1100) in the brew chamber (202).
It would have been obvious to have modified Anthony to incorporate the teachings of Cable to have the pod adaptor bias the door to an open position when inserted into the brew basket and to have an engagement feature enraged with a corresponding feature in the brew chamber in order to be able to open a fluid communication path to the pod adapter so that the beverage from the pod may be exited and dispensed once brewed (Cable Col. 12 lines 40-55) and to be able to have a locking function in the brewing device that is still able to response to external movements, being less rigid (Cable Col. 13 lines 50-67).
Regarding claim 19, Anthony teaches the adapter assembly of claim 18,
wherein the at least one engagement feature (136, 138) comprises a spring-loaded projection (Col. 19 lines 55-67 spring biased-plungers 146), but is silent on configured to engage a corresponding detent in a beverage brewing apparatus.
Cable teaches a spring-loaded projection (330) configured to engage a corresponding detent (1100) in a beverage brewing apparatus (202, Col. 7 lines 50-67).
It would have been obvious to have modified the engagement member as taught in Anthony with the spring and detent taught in Cable in order to be able to form a locking function that is still able to response to external movements, being less rigid (Cable Col. 13 lines 50-67).
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Anthony (US11246446B2) as applied to claim 1 and 10 above, and further in view of Teramoto (JP2016202324) with citations made to attached machine translations.
Regarding claim 8, Anthony teaches the adapter assembly of claim 7, but is silent on wherein the pod adaptor includes a second handle configured to be positioned adjacent to the first handle when the pod adaptor is positioned within the cavity in the brew basket.
Teramoto teaches wherein the pod adaptor (42) includes a second handle (42d) configured to be positioned adjacent to the first handle (41d) when the pod adaptor (42d) is positioned within the cavity in the brew basket (41, [0059]).
Anthony and Teramoto are considered to be analogous to the claimed invention because they are in the same field of beverage devices. It would have been obvious to have modified Anthony to incorporate the teachings of Teramoto to have a handle on the pod adaptor so that a user may easily grip the pod adaptor using the handle (Teramoto [0059]).
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Fig. 8 of Teramoto
Regarding claim 9, Anthony teaches the adapter assembly of claim 7, but is silent on wherein the pod adaptor includes an indication marker configured to indicate a position of the pod adaptor within the brew basket.
Teramoto teaches wherein the pod adaptor (42) includes an indication marker ([0094] detection protrusion 45 Fig. 8) configured to indicate a position of the pod adaptor (42) within the brew basket (41).
It would have been obvious to have modified Anthony to incorporate the teachings of Teramoto to an indication marker so that it is possible to detect whether the adaptor is correctly placed within the brewing device (Teramoto [0094]).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Anthony (US11246446B2) as applied to claim 16 above, and further in view of Burrows (US10881241B2).
Regarding claim 17, Anthony teaches the adapter assembly of claim 16, but is silent on wherein a gasket seal is arranged about the projection on the lid.
Burrows teaches wherein a gasket seal (56) is arranged about the projection (44) on the lid (16, Col. 8 lines 1-20).
Anthony and Burrows are considered to be analogous to the claimed invention because they are in the same field of beverage devices. It would have been obvious to have modified Anthony to incorporate the teachings of Burrows to have a gasket around the projection on the lid in order to seal the extension of the projection within the pod, holding the position and ensuring the correct pressure in the system (Burrows Col. 8 lines 1-20).
Conclusion
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/ABIGAIL H RHUE/Examiner, Art Unit 3761 1/13/2025
/VY T NGUYEN/Examiner, Art Unit 3761