DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the AIA first to file provisions. 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 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.
Application Status
This office action is responsive to applicant’s response to election/restriction filed 12/22/2025.
Applicant’s election without traverse to examine claims 1 and 5 in the reply filed on 12/22/2025 is acknowledged.
Claims 1-25 are currently pending; Claims 2-4 and 6-25 have been withdrawn.
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 5 is 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 pre-AIA the applicant regards as the invention.
Regarding claim 5:
Claim 5 recites “wherein at least one object is disposed a) between substance(s) and one or more cavity boundaries, or b) between layers of substance(s), or c) in a mix with the substance(s)”. Each of these alternatives are unclear, rendering the claim indefinite. In “a)”, the phrase “between substance” has no meaning; in “b)” it is unclear if the layers are required to be the same or different substances; and in “c)” it is unclear if a “mix” requires elements not claimed (e.g., other ingredients or substances in a mix).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Junker et al. US 2019/0270581.
Regarding claim 1:
Junker teaches an enclosed capsule (FIG. 3), comprising:
a) a capsule body (1), constructed of non-porous material(s) (“plastic or aluminum”, [0042]), wherein one or more surface areas (6) of the capsule body are configured to allow piercing to enable entry of a liquid, and one or more surface areas of the capsule body are configured to allow for piercing to enable exit of a liquid (12); and
b) one or more substances comprising at least one hygroscopic substance ([0019], beverage powders are hygroscopic substances), disposed within the capsule body prior to the capsule being sealed ([0014]); and
c) one or more objects (4) disposed within the capsule body prior to the capsule being sealed, wherein the object(s) are configured to modify the flow characteristics ([0049], see premixing description) of a pressurized liquid ([0042]) through the capsule body ([0046]).
Regarding claim 5:
Junker teaches the capsule of claim 1, as discussed above, wherein at least one object is disposed in a mix with the substance ([0049], see premixing description).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARIUSH SEIF whose telephone number is (408)918-7542. The examiner can normally be reached Monday-Friday 9:30 AM-6:00 PM PST.
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/DARIUSH SEIF/
Primary Examiner
Art Unit 3731