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 .
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.
Claim 16 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 discloses “the adapter” and “the first adapter.” The first adapter lacks antecedent basis and it is unclear if the “first adapter” is supposed to be the “second adapter” or “the adapter.” For examination, the “first adapter” is interpreted to be the “second adapter.”
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.
Claim(s) 10-13 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zelson (US 6253662 B1).
Claim 10. Zelson discloses a beverage system (Fig. 7), comprising:
a housing (Fig. 5) having a brew chamber (basket 31) and an interior storage cavity therein (filter compartment 41, Fig. 7);
an adapter configured to hold a brewing medium for brewing a beverage (filter 42, wherein the broadest reasonable interpretation of an adapter that holds a brewing medium can include a filter which holds coffee grounds),
wherein the adapter is receivable within the brew chamber for a brewing cycle (filter is placed in the basket 31, Fig. 7), and is receivable within the interior storage cavity for storage of the adapter (drawer 40 holds the filter, Fig. 7).
Claim 11. Zelson discloses the beverage system of claim 1, wherein the interior storage cavity is arranged vertically below a brew chamber of the housing (the drawer is below the beverage assembly, Fig. 7).
Claim 12. Zelson discloses the beverage system of claim 10, wherein a drawer defining a cavity therein is removably positioned within the interior storage cavity (drawer has a cavity which is removable from the cabinet, claim 1).
Claim 13. Zelson discloses the beverage system of claim 10, wherein the brew chamber and interior storage cavity are isolated from each another within the housing (basket is separate from the cabinet, Fig. 7).
Claim 16. Zelson discloses the beverage system of claim 10, further comprising a second adapter (extra filters, Fig. 7), wherein the adapter is configured to be arranged in the brew chamber simultaneously with the first adaptor arranged in the interior storage cavity (system is capable of holding extra filters in the drawer while another filter is in the brewing chamber).
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.
Claim(s) 1-2, 4, and 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fitt (US 10865092 B1) in view of Cable (US 20160367069 A1).
Claim 1. Fitt discloses a beverage system (fridge 100, Fig. 2, which can dispense beverages, abstract), comprising:
a housing (100) having an interior storage cavity (storage bins 182 which have drawers 184, Fig. 2) therein;
an opening arranged in the housing and configured to allow access to the interior storage cavity (fridge has doors that create an opening which allow access to the internal storage in the drawers, Fig. 2);
a drawer defining a cavity therein, the drawer configured to be selectively positioned within the interior storage cavity (storage bins 182 have drawers 184, Fig. 2);
Fitt does not disclose a pod adapter or filter assembly.
Cable discloses a coffee maker with multiple adapters for different sizes and drinks (par. 121) some of which may have filters (par. 161).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Fitt to incorporate the teachings of Cable and have multiple adapters. Doing so would have the benefit of being able to make different size and types of drinks (par. 80, Cable).
Although Fitt in view of Cable does not disclose pod adapters or a filter assembly receivable within the drawer cavity, the drawers are capable of holding both items.
Claim 2. Fitt in view of Cable discloses the beverage system of claim 1, wherein the drawer is receivable within the interior storage cavity with at least one of the pod adapter and filter assembly positioned within the cavity (drawer is capable of holding pod adapters and a filter assembly within the cavity, Fig. 2).
Claim 4. Fitt in view of Cable discloses the beverage system of claim 1, wherein the drawer includes a first handle extending radially outward from the drawer (drawer handle extends outwards from the drawer, Fig. 2).
Claim 7. Fitt in view of Cable discloses the beverage system of claim 1, wherein the interior storage cavity is arranged vertically below a brew chamber of the housing (drawers are below the beverage assembly, Fig. 2).
Claim 8. Fitt in view of Cable discloses the beverage system of claim 1, wherein the interior storage cavity (freezer chamber, Fig. 2) is partially defined by a base of the housing (part of the freezer chamber is defined by the base of the fridge, Fig. 2).
Claim 9. Fitt in view of Cable discloses the beverage system of claim 1, wherein the drawer includes an outer door configured to cover the opening when the drawer is positioned within the interior storage cavity (drawer covers the opening to the storage bin, Fig. 2).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fitt in view of Cable as applied to claim 1 above, and further in view of Weidner (US 4076352 A).
Claim 3. Fitt in view of Cable discloses the beverage system of claim 1, wherein the drawer includes at least one flexible tab configured to engage with a corresponding detent within the interior storage cavity.
Weidner discloses a drawer with a flexible tongue which is used to lock the drawer (claim 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Fitt in view of Cable to incorporate the teachings of Weidner and have a flexible tongue to lock the drawer. Doing so would have the benefit of locking the drawers in place which can prevent it from sliding open.
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fitt in view of Cable as applied to claim 1 above, and further in view of Capitani (US 2017/0258263 A1).
Claim 5. Fitt in view of Cable does not disclose the beverage system of claim 4, 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 drawer.
Capitani discloses a capsule adapter with a handle (Fig. 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Fitt in view of Cable to incorporate the teachings of Capitani and put a handle on the pod adapter. Doing so would have the benefit of improving handling of the pod adapter when a user removes it.
Claim 6. Fitt in view of Cable does not disclose the beverage system of claim 4, wherein the filter assembly includes a second handle configured to be positioned adjacent to the first handle when the filter assembly is positioned within the cavity in the drawer.
Capitani discloses a capsule adapter with a handle (Fig. 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Fitt in view of Cable to incorporate the teachings of Capitani and put a handle on the filter assembly. Doing so would have the benefit of improving handling of the filter assembly when a user removes it.
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zelson.
Claim 14. Zelson discloses the beverage system of claim 10, wherein the brew chamber is accessible via a first opening positioned in a top surface of the housing (basket is accessible through the opening of the top surface of the housing, Fig. 7), and the interior storage cavity is accessible via a second opening positioned in a
Zelson does not disclose that the filter compartment is accessible via a side surface of the housing.
However, it would have been obvious for one of ordinary skill in the art to position the opening on a side surface since it has been held that the mere rearrangement of parts has no patentable significance unless a new and unexpected result is produced. MPEP 2144.04.VI.C.
Claim 15. Zelson discloses the beverage system of claim 14, wherein the first opening is arranged perpendicular to the second opening (the opening of the filter compartment is perpendicular to the opening of the basket, Fig. 7).
Claim(s) 17 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fitt in view of Vogt (US 1614507 A) and Cable (US 20160367069 A1).
Claim 17. Fitt discloses a beverage system (fridge 100, Fig. 2, which can dispense beverages, abstract), comprising:
a housing (100) having a brew chamber (fluid system for dispensing coffee 200, col 4, lines 20-25) and an interior storage cavity therein (storage bins 182 which have drawers 184, Fig. 2);
a drawer defining a cavity (drawers 184, Fig. 2) therein, the drawer being
Fitt does not disclose the drawer being removable.
Vogt discloses a fridge wherein the drawers are removable (col 1, lines 16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Fitt to incorporate the teachings of Vogt and make the drawers removable. Doing so would have the benefit of removing the drawers and easily clean the storage bin and drawers (col 1, lines 16, Vogt).
Although Fitt does not disclose pod adapters or a filter assembly receivable within the cavity, the drawers are capable of holding both items.
Fitt in view of Vogt does not disclose a pod adapter and a filter assembly.
Cable discloses a coffee maker with multiple adapters for different sizes and drinks (par. 121) some of which may have filters (par. 161).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Fitt in view of Vogt to incorporate the teachings of Cable and have multiple adapters. Doing so would have the benefit of being able to make different size and types of drinks (par. 80, Cable).
Claim 20. Fitt in view of Vogt and Cable discloses the beverage system of claim 1, wherein the interior storage cavity is arranged vertically below a brew chamber of the housing (drawers are below the beverage assembly, Fig. 2).
Claim(s) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fitt in view of Vogt and Cable as applied to claim 1 above, and further in view of Capitani (US 2017/0258263 A1).
Claim 18. Fitt in view of Vogt and Cable does not disclose the beverage system of claim 4, 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 drawer.
Capitani discloses a capsule adapter with a handle (Fig. 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Fitt in view of Vogt and Cable to incorporate the teachings of Capitani and put a handle on the pod adapter. Doing so would have the benefit of improving handling of the pod adapter when a user removes it.
The combined prior art is capable of having the pod handle be near or adjacent to the drawer handle.
Claim 19. Fitt in view of Vogt and Cable does not disclose the beverage system of claim 4, wherein the filter assembly includes a second handle configured to be positioned adjacent to the first handle when the filter assembly is positioned within the cavity in the drawer.
Capitani discloses a capsule adapter with a handle (Fig. 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Fitt in view of Vogt and Cable to incorporate the teachings of Capitani and put a handle on the filter assembly. Doing so would have the benefit of improving handling of the filter assembly when a user removes it.
The combined prior art is capable of having the filter handle be near or adjacent to the drawer handle.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SIMPSON A CHEN whose telephone number is (571)272-6422. The examiner can normally be reached Mon-Fri 8-5.
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/SIMPSON A CHEN/Examiner, Art Unit 3761
/ELIZABETH M KERR/Primary Examiner, Art Unit 3761