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 Objections
Claim 5 is objected to because of the following informalities: each claim must end with a period. See MPEP § 608.1(m).
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are:
“a device configured to and arranged to” in claim 7 and 29, described in paragraph [00308] as a “check valve 826.”
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 22 and 29 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.
Regarding claim 22, the phrase “a reciprocating pump” and “a pump” are written as two different pumps, however, the first mention of “a reciprocating pump” was made in paragraph [00377] of the instant specification, and neither the specification nor the figures mention the use of two pumps in the apparatus being described. It is unclear whether “a pump” is the reciprocating pump mentioned earlier in the claim, or whether the invention requires the use of two different pumps, a generic pump and specifically a reciprocating pump, rendering the claim indefinite.
Regarding claim 29, it is unclear whether “the pump” is referring to “a pump” or “a reciprocating pump” introduced in independent claim 22, rendering the claim indefinite.
Claims 23-28 and 30-38 inherit the above deficiencies and are rejected to due to dependency upon rejected-to claim.
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)(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) 1-3, 10-11, 17, 19, and 21 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Fogg, US Patent Application Publication No. US 10441105 B1.
Claim 1. Fogg discloses a portable coffee brewing system, comprising: (Fogg, Abstract “A portable and automatic beverage brewing device…”)
a container, configured to receive and hold liquid; (Fogg, Fig. 11 shows drinking vessel 1 capable of receiving and holding liquid 9 within the interior defined by the interior wall 3, annotated below.)
a lid assembly, configured to selectively cover an open top of the container; (Fogg, Fig. 11 shows lid 12.)
a pump; (Fogg, Fig. 11 shows pump 33.)
a holder, configured to receive and hold coffee grounds; and (Fogg, col. 2 line 13 and Fig. 11 shows receptacle 5 for receiving infusible material such as coffee or tea fitted in a holding area in the drinking vessel; and col. 12 line 11 describes the receptacle may be automatically be raised and removed from the drinking vessel via the holding area, corresponding to the claimed holder annotated below.)
a tube, arranged to provide fluid communication between the pump and the holder; (Fogg, Fig. 11 shows tube 35 coupled with the pump 33 and the receptacle 5.)
wherein the pump is operable to move fluid from an interior of the container through coffee grounds in the holder through the tube, thereby brewing coffee. (Fogg, col. 6 line 49 describes how the liquid is pumped up from the part of the drinking vessel 1 defined by interior wall 3 to the infusible material 8 inside the receptacle 5.)
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Claim 2. Fogg discloses the system of claim 1, wherein the holder is configured to receive a coffee grounds holding device. (Fogg, Fig. 11 shows receptacle 5 for receiving infusible material such as coffee or tea fitted in a holding area in the drinking vessel, corresponding to the claimed holding device.)
Claim 3. Fogg discloses the system of claim 1, wherein the holder includes: a first screen arranged between an interior of the holder and the interior of the container; and (Fogg, Fig. 11 shows receptacle 5 with a horizontal screen between the interior of the holder and the interior of the drinking vessel 1 defined by interior wall 3.)
a second screen between the interior of the holder and the tube. (Fogg, Fig. 11 shows the receptacle 5 with another horizontal screen between the interior of the holder and the tube 35.)
Claim 10. Fogg discloses the system of claim 1, further comprising a heating element. (Fogg, Fig. 11 shows heating element 15.)
Claim 11. Fogg discloses the system of claim 10, wherein the heating element is operable to heat fluid held within the container. (Fogg, col. 4 line 62 “…the liquid 9 is heated to a predetermined temperature by the heating element 15 that is connected to a temperature sensor 16…”)
Claim 17. Fogg discloses the system of claim 1, wherein the lid assembly is removably coupled to the open top of the container. (Fogg, col. 11 line 61 describes a pre-package pouch of ground coffee being placed in the receptacle while the lid is opened and closed, corresponding to the claimed removably coupled lid assembly.)
Claim 19. Fogg discloses the system of claim 1, further comprising a control input operable to activate and deactivate the pump. (Fogg, Fig. 11 shows an on/off switch 13; col. 11 line 16 “After the portable automatic beverage brewing drinking vessel 1 is filled to a desired level with water and the infusible material 8 is placed in the receptacle, the user simply has to activate the on/off switch 13…”; col. 11 line 46 “…after the portable automatic beverage brewing drinking vessel 1 is filled and turned on, a pump is thereafter activated to transfers the liquid 9 through a tube 35 to the infusible material 8”; and col. 4 line 55 “The drinking vessel also has a controller 74, as depicted in FIG. 1, that is connected to the power supply 7 and receives input from sensing elements and controls the activation, timing and general operation of the device.”)
Claim 21. Fogg discloses the system of claim 1, further comprising a microprocessor configured to selectively control operation of the system. (Fogg, col. 7 line 20 “The control logic of the present invention comprises a controller connected to a power source that receives input from sensors and activates or initiates the functional components, such as a heating element, electric motor or pump. The controller can be for example a microprocessor chip. The controller may also be indirectly connected to the other components…”)
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) 4, 8, 22-23, 27, 31-32, 34-36 and 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fogg, US Patent Application Publication No. US 10441105 B1, in view of Gallagher, US Patent Application Publication No. 3800055 A.
Claim 4. Fogg discloses the system of claim 3, wherein the pump is operable to cause liquid to be drawn sequentially into the holder from the container through the first screen and (Fogg, col. 11 line 46 “a pump is thereafter activated to transfers the liquid 9 through a tube 35 to the infusible material 8.”)
Fogg does not explicitly disclose out of the holder into the container through the first screen.
Gallagher discloses [the pump is operable to cause liquid to be drawn…] out of the holder into the container through the first screen. (Gallagher, col. 3 line 52 “While a positive displacement pump 11 drives the fluid through the extraction column 14, a second piston pump 12 creates the pulse by alternately withdrawing water from the feed line 13 and forcing it back into the feed line 13.”
Examiner’s Note: in at least paragraph [00377] of the instant specification, the pump that is capable of alternating between drawing air out from and pushing air into the upper end of the tube member is defined as a reciprocating pump, but may also be a positive displacement pump, including a piston pump, among other kinds of pumps.)
Fogg and Gallagher are analogous art because they are related to the operation of a beverage making apparatus. Although Fogg discloses a pump, it does not explicitly say the disclosed pump is capable of reversing the flow of the liquid to be processed so that the pump is operable to cause the liquid to be drawn out of the holder, into the container through the first screen. However, in at least paragraph [00377] of the instant specification, it details that a positive displacement pump may be operable to cause an alternating flow of air and thus alternating the flow of liquid in the pump and tube. As such, the positive displacement pump of Gallagher may be operable to cause the liquid to not only be drawn sequentially from the container, through the first screen, into the holder, but also from the holder, through the first screen, into the container, as shown in Gallagher, Fig. 3 which “illustrates a pulse which reverses the flow once during each cycle” (Gallagher, col. 2 line 29). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to simply substitute the pump disclosed by Fogg with the positive displacement pump used by Gallagher. One of ordinary skill in the art would have been motivated to make such a substitution because “causing the feed water to a coffee extraction column to exhibit pulsating flow will result in a substantial increase in the rate of extraction.” (Gallagher, col. 2 line 18).
Claim 8. Fogg discloses the system of claim 1.
Fogg does not explicitly disclose wherein the pump is selectively operable to draw air in through the tube and blow air into the tube.
Gallagher discloses wherein the pump is selectively operable to draw air in through the tube and blow air into the tube. (Gallagher, col. 3 line 52 “While a positive displacement pump 11 drives the fluid through the extraction column 14, a second piston pump 12 creates the pulse by alternately withdrawing water from the feed line 13 and forcing it back into the feed line 13.”
Examiner’s Note: in at least paragraph [00377] of the instant specification, the pump that is capable of alternating between drawing air out from and pushing air into the upper end of the tube member is defined as a reciprocating pump, but may also be a positive displacement pump, including a piston pump, among other kinds of pumps.)
Fogg and Gallagher are analogous art because they are related to the operation of a beverage making apparatus. Although Fogg discloses a pump, it does not explicitly say the disclosed pump is capable of reversing the flow of air and consequently the liquid to be processed so that the pump is operable to cause the liquid to be drawn out of the holder, into the container through the first screen. However, in at least paragraph [00377] of the instant specification, it details that a positive displacement pump may be operable to cause an alternating flow of air and thus alternating the flow of liquid in the pump and tube. As such, the positive displacement pump of Gallagher may be operable to cause the liquid to not only be drawn sequentially from the container, through the first screen, into the holder, but also from the holder, through the first screen, into the container, as shown in Gallagher, Fig. 3 which “illustrates a pulse which reverses the flow once during each cycle.” (Gallagher, col. 2 line 29). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to simply substitute the pump disclosed by Fogg with the positive displacement pump used by Gallagher. One of ordinary skill in the art would have been motivated to make such a substitution because the ability to alternate the air flow “causing the feed water to a coffee extraction column to exhibit pulsating flow will result in a substantial increase in the rate of extraction.” (Gallagher, col. 2 line 18).
Claim 22. Fogg discloses a portable coffee brewing system, comprising: (Fogg, Abstract “A portable and automatic beverage brewing device…”)
a container, configured to receive and hold liquid; (Fogg, Fig. 11 shows drinking vessel 1 capable of receiving and holding liquid 9 within the interior defined by the interior wall 3, annotated below.)
a lid assembly, configured to selectively cover an open top of the container; (Fogg, Fig. 11 shows lid 12.)
a holder, configured to receive and hold coffee grounds; (Fogg, col. 2 line 13 and Fig. 11 shows receptacle 5 for receiving infusible material such as coffee or tea fitted in a holding area in the drinking vessel; and col. 12 line 11 describes the receptacle may be automatically be raised and removed from the drinking vessel via the holding area, corresponding to the claimed holder annotated below.)
a pump, arranged within the lid assembly; (Fogg, Fig. 11 shows pump 33.)
Fogg does not explicitly disclose a reciprocating pump; and wherein the reciprocating pump is operable to move liquid alternately in a first direction from an interior of the container into the holder, and in a second direction from the holder into the interior of the container.
Gallagher discloses a reciprocating pump; and wherein the reciprocating pump is operable to move liquid alternately in a first direction from an interior of the container into the holder, and in a second direction from the holder into the interior of the container. (Gallagher, col. 3 line 52 “While a positive displacement pump 11 drives the fluid through the extraction column 14, a second piston pump 12 creates the pulse by alternately withdrawing water from the feed line 13 and forcing it back into the feed line 13,” the piston pump corresponding to the claimed reciprocal pump.
Examiner’s Note: in at least paragraph [00377] of the instant specification, the pump that is capable of alternating between drawing air out from and pushing air into the upper end of the tube member is defined as a reciprocating pump, but may also be a positive displacement pump, including a piston pump, among other kinds of pumps.)
Fogg and Gallagher are analogous art because they are related to the operation of a beverage making apparatus. Although Fogg discloses a pump, it does not explicitly say it has a second pump nor does it say that the disclosed pump is capable of reversing the flow of the liquid to be processed so that the pump is operable to cause the liquid to be drawn out of the holder, into the container through the first screen. However, in at least paragraph [00377] of the instant specification, it details that a positive displacement pump may be operable to cause an alternating flow of air and thus alternating the flow of liquid in the pump and tube. Gallagher discloses two pumps, one positive displacement pump 11, similar to the disclosed pump of Fogg, driving the fluid through an extraction column 14 but also discloses a second displacement pump in the form of a piston pump 12 that creates a pulse by alternately withdrawing and forcing water through the feed line 13, similar to the tube 35 of Fogg. As such, the piston pump of Gallagher may be operable to cause the liquid to not only be drawn sequentially from the container, through the first screen, into the holder, but also from the holder, through the first screen, into the container, as shown in Gallagher, Fig. 3 which “illustrates a pulse which reverses the flow once during each cycle.” (Gallagher, col. 2 line 29). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the pump system disclosed by Fogg with the addition of a piston pump as taught by Gallagher. One of ordinary skill in the art would have been motivated to make such a substitution because “causing the feed water to a coffee extraction column to exhibit pulsating flow will result in a substantial increase in the rate of extraction.” (Gallagher, col. 2 line 18).
Claim 23. Modified Fogg discloses the system of claim 22, wherein the holder is configured to receive a coffee grounds holding device. (Fogg, Fig. 11 shows receptacle 5 for receiving infusible material such as coffee or tea fitted in a holding area in the drinking vessel, corresponding to the claimed holding device.)
Claim 27. Modified Fogg discloses the system of claim 22, further comprising a tube providing fluid communication between the reciprocating pump and the holder. (Gallagher, Fig. 4 shows feed line 13 in fluid communication with the reciprocating pump and the extraction column 14.
Examiner’s Note: the extraction column 14 of Gallagher functions similarly to the holder area of Fogg where the foodstuff is held and the water is infused, the extraction column 14 of Gallagher and the holder of Fogg are both similarly in communication with a feed line 13 or a tube 35 respectively that supplies water via the pump.)
Claim 31. Fogg discloses the system of claim 22, further comprising a heating element. (Fogg, Fig. 11 shows heating element 15.)
Claim 32. Fogg discloses the system of claim 31, wherein the heating element is operable to heat fluid held within the container. (Fogg, col. 4 line 62 “…the liquid 9 is heated to a predetermined temperature by the heating element 15 that is connected to a temperature sensor 16…”)
Claim 34. Modified Fogg discloses the system of claim 22, wherein the reciprocating pump is configured to be powered by a battery. (Fogg, col. 4 line 49 “The drinking vessel 1 in FIG. 1 has a power supply 7, batteries in the base 6 that are the power supply… The drinking vessel also has a controller 74, as depicted in FIG. 1, that is connected to the power supply 7 and receives input from sensing elements and controls the activation, timing and general operation of the device”; and Fig. 11 shows power supply 7, which is similar to the power supply of the embodiment of Fig. 1.
Examiner’s Note: the piston pump of modified Fogg is part of the system responsible of the general operation of the device, and therefore is connected to the controller 74, which is powered by the power supply.)
Claim 35. Fogg discloses the system of claim 22, wherein the lid assembly is removably coupled to the open top of the container. (Fogg, col. 11 line 61 describes a pre-package pouch of ground coffee being placed in the receptacle while the lid is opened and closed, corresponding to the claimed removably coupled lid assembly.)
Claim 36. Fogg discloses the system of claim 22, further comprising a control input operable to activate and deactivate the reciprocating pump. (Fogg, Fig. 11 shows an on/off switch 13; col. 11 line 16 “After the portable automatic beverage brewing drinking vessel 1 is filled to a desired level with water and the infusible material 8 is placed in the receptacle, the user simply has to activate the on/off switch 13…”; col. 11 line 46 “…after the portable automatic beverage brewing drinking vessel 1 is filled and turned on, a pump is thereafter activated to transfers the liquid 9 through a tube 35 to the infusible material 8”; and col. 4 line 49 “… The drinking vessel also has a controller 74, as depicted in FIG. 1, that is connected to the power supply 7 and receives input from sensing elements and controls the activation, timing and general operation of the device.”
Examiner’s Note: the piston pump of modified Fogg is part of the system responsible of the general operation of the device, and therefore is connected to the controller 74.)
Claim 38. Fogg discloses the system of claim 22, further comprising a microprocessor configured to selectively control operation of the system. (Fogg, col. 7 line 20 “The control logic of the present invention comprises a controller connected to a power source that receives input from sensors and activates or initiates the functional components, such as a heating element, electric motor or pump. The controller can be for example a microprocessor chip. The controller may also be indirectly connected to the other components…”)
Claim(s) 5 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fogg, US Patent Application Publication No. US 10441105 B1, in view of Wroblewski et al., US Patent Application Publication No. 7798373 B1.
Claim 5. Fogg discloses the system of claim 3,
Fogg does not explicitly disclose wherein the pump is arranged within the lid assembly.
Wroblewski discloses wherein the pump is arranged within the lid assembly; (Wroblewski, Fig. 3 shows a cover assembly corresponding to the claimed lid assembly housing the bellows 74 of a bellows pump.
Examiner’s Note: in at least paragraph [00377] of the instant specification, the pump that is capable of alternating between drawing air out from and pushing air into the upper end of the tube member is defined as a reciprocating pump, but may also be a positive displacement pump, including a bellows pump, among other kinds of pumps.)
Fogg and Wroblewski are analogous art because they are related to the operation of a beverage making apparatus. Fogg differs from the claimed invention only in that it does not explicitly disclose the pump being arranged within the lid assembly. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the lid assembly of Fogg with a pump as taught by Wroblewski. One of ordinary skill in the art would have been motivated to make such a modification, since it has been held that rearranging parts of a prior art structure only involves routine skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Claim 13. Fogg discloses the system of claim 1, wherein: the pump is configured to be powered by a battery; and (Fogg, col. 4 line 49 “The drinking vessel 1 in FIG. 1 has a power supply 7, batteries in the base 6 that are the power supply”; and Fig. 11 shows power supply 7, which is similar to the power supply of the embodiment of Fig. 1.)
Fogg does not explicitly disclose the lid assembly includes an interface to connect the battery.
Wroblewski discloses the lid assembly includes an interface to connect the battery. (Wroblewski, Fig. 5 and col. 9 line 64 “… contained within the watertight compartment 126 are a display controller 127 and a portable source of electrical power 129, such as a battery or capacitor.”)
Fogg and Wroblewski are analogous art because they are related to the operation of a beverage making apparatus. Fogg does not explicitly disclose the lid assembly having an interface to connect the battery, however it does disclose a power supply 7, which may be batteries, held in the base 6 instead of the lid assembly. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the lid assembly of Fogg with an interface to connect the battery in the lid assembly as taught by Wroblewski. One of ordinary skill in the art would have been motivated to make such a modification, since it has been held that rearranging parts of a prior art structure only involves routine skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Claim(s) 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fogg, US Patent Application Publication No. US 10441105 B1, in view of Starr et al., US Patent Application Publication No. 20140208954 A1.
Claim 6. Fogg discloses the system of claim 1,
Starr discloses wherein the holder is arranged for fluid communication with a lower end of the tube. (Starr, Fig. 1 shows a drawer 16 which holds foodstuff used to prepare the beverage, corresponding to the claimed holder, which holds a container 254 shown in Fig. 3, in fluid communication with a discharge port 242, which is a lower end of a tube, annotated below, used to deliver liquid to the container.)
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Fogg and Starr are analogous art because they are related to the operation of a beverage making apparatus. Fogg differs from the claimed invention only in that it does not explicitly disclose a lower end of the tube being in fluid communication with the holder. However, the tube 266 shown in Fig. 3 of Starr is fluidly connected to the container 254 via a discharge port 242. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the tube 35 of Fogg to have a lower end of the tube oriented down into the holder as taught by Starr. One of ordinary skill in the art would have been motivated to make such a modification in order to more easily apply water into the container with the foodstuff, as the slanted or sloped orientation may help direct a liquid towards the lower end of the tube (Starr, [0059]).
Claim 7. Fogg discloses the system of claim 1,
Fogg does not explicitly disclose further comprising a device configured and arranged to prevent liquid in the tube from contacting the pump while permitting air in the tube to be drawn into the pump.
Starr discloses further comprising a device configured and arranged to prevent liquid in the tube from contacting the pump while permitting air in the tube to be drawn into the pump. (Starr, Fig. 3 shows a discharge check valve 266.
Examiner’s Note: the device claimed is described in [00380] as a “check valve.”)
Fogg and Starr are analogous art because they are related to the operation of a beverage making apparatus. Fogg differs from the claimed invention only in that it does not explicitly disclose a device that prevents liquid from contacting the pump while permitting air in the tube to be drawn into the pump. Starr discloses a check valve 266, which is “a one-way valve and prevents liquid and/or foodstuff in the container 254 from entering the second reservoir 240” in a reversed flow, and “is preferably open when liquid is flowing from the second reservoir 240 into the container 254 and/or when a pressure within the second reservoir 240 is greater than a pressure within the container 254” and “is preferably closed when a pressure within the second reservoir 240 is less than a pressure within the container 254, such as when the container 254 creates a relatively high back-pressure (i.e., a vacuum).” This discharge check valve 266 of Starr is placed before the container 254 in the path of the flow of water through the discharge port 242. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus along the tube 25 before the opening at holder of Fogg with a discharge check valve 266 as disclosed by Starr. One of ordinary skill in the art would have been motivated to make such a modification in order to have more control over the flow of the liquid to be processed into a beverage as taught by Starr.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fogg, US Patent Application Publication No. US 10441105 B1, in view of Wang Wu, US Patent Application Publication No. 20090057324 A1.
Claim 9. Fogg discloses the system of claim 1,
wherein the lid assembly includes a pour spout, (Fogg, Fig. 7 shows a lid with a drinking port 11.)
Fogg does not explicitly disclose wherein the pour spout includes a slidable cover operable to open and close the pour spout.
Wang Wu discloses wherein the pour spout includes a slidable cover operable to open and close the pour spout. (Wang Wu, Fig. 3 and 4 shows a liquid outlet 14 corresponding to the claimed pour spout with a slide plate 3 in the closed and the open position respectively.)
Fogg and Wang Wu are analogous art because they are related to the operation of an apparatus that holds beverages. Fogg differs from the claimed invention only in that it does not explicitly disclose a lid assembly with a pour spout with a slidable cover, however it does disclose a lid with a drinking port 11 which is similar to the liquid outlet shown in Fig. 3 and 4 of Wang Wu. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the drinking port 11 of Fogg with a slide plate as taught by Wang Wu. One of ordinary skill in the art would have been motivated to make such a modification “for preventing liquid in the cup from flowing out and needless to be opened when a use is to drink the liquid in the cup” (Wang Wu, [0005]).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fogg, US Patent Application Publication No. US 10441105 B1, in view of Alexander, US Patent Application Publication No. 20130200064 A1.
Claim 12. Fogg discloses the system of claim 1.
Fogg does not explicitly disclose further comprising a cooling element.
Alexander discloses further comprising a cooling element. (Alexander, Fig. 11 shows a travel mug 600 with a heating or cooling element 660.)
Fogg and Alexander are analogous art because they are related to the operation of a beverage holding apparatus. Fogg differs from the claimed invention only in that it does not explicitly disclose a cooling element. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the portable brewing system of Fogg with the addition of a cooling element as taught by Alexander. One of ordinary skill in the art would have been motivated to make such a modification in order to maintain the temperature of the food for a longer period of time by actively chilling the apparatus (Alexander, [0005]).
Claim(s) 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fogg, US Patent Application Publication No. US 10441105 B1, in view of Sekiguchi, US Patent Application Publication No. 20130186280 A1.
Claim 14. Fogg discloses the system of claim 1.
Fogg does not explicitly disclose wherein the holder is removably couplable with an end of the tube.
Sekiguchi discloses wherein the holder is removably couplable with an end of the tube. (Sekiguchi, Fig. 1 shows an interior surface 135 that holds the foodstuff for infusing the water, corresponding to the claimed holder, that is removably couplable with an interior container 151 that supplies water, that may be a cylinder or tube shape that nests inside the interior surface 135.)
Fogg and Sekiguchi are analogous art because they are related to apparatuses that hold a beverage. Fogg does not explicitly disclose the holder as being removably couplable with an end of the tube. Sekiguchi discloses a similar holding area of Fogg that is responsible for holding the foodstuff for infusing, as well as a large cylindrical container 151 that nests inside the holding area and supplies water to the foodstuff held in the holding area, corresponding to the claimed tube. Using the existing pump and tubing system of Fogg to supply the water to the cylindrical container 151 of Sekiguchi, the connection between the existing tubing system of Fogg and the large cylindrical, removably coupled, threaded tube 151 taught by Sekiguchi at the end of the existing tubing system of Fogg, would collectively become the tubing system of the apparatus, and the bottom walls 131 and 155 would function similarly to and replace the receptacle 5 that is part of the existing holder of Fogg.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the end of tubing system, inside the holder of Fogg, with the addition of the large cylindrical container as taught by Sekiguchi for supplying the water to the foodstuff in the holder, with the bottom walls 131 and 155 functioning similarly to and replacing the receptacle 5 of the existing holder of Fogg. One of ordinary skill in the art would have been motivated to make such a modification because the resulting configuration allows the ground coffee to be sandwiched between the bottom wall 131 and 155, allowing the ground coffee to be compressed, saturated by boiling water, giving sufficient time to extract flavors and oils from the compressed coffee (Sekiguchi, [0020]).
Claim 15. Fogg discloses the system of claim 1.
Fogg does not explicitly disclose wherein the holder is configured to threadably engage an end of the tube.
Sekiguchi discloses wherein the holder is configured to threadably engage an end of the tube. (Sekiguchi, Fig. 1 shows an interior surface 135 that holds the foodstuff for infusing the water, corresponding to the claimed holder, that is threadably engaged with an interior container 151 that supplies water, that may be a cylinder or tube shape that nests inside the interior surface 135.)
Fogg and Sekiguchi are analogous art because they are related to apparatuses that hold a beverage. Fogg does not explicitly disclose the holder as being threadably engaged with an end of the tube. Sekiguchi discloses a similar holding area of Fogg that is responsible for holding the foodstuff for infusing, as well as a large cylindrical container 151 that nests inside the holding area and supplies water to the foodstuff held in the holding area, corresponding to the claimed end of the tube. Using the existing pump and tubing system of Fogg to supply the water to the cylindrical container 151 of Sekiguchi, the connection between the existing tubing system of Fogg and the large cylindrical, removably coupled, threaded tube 151 taught by Sekiguchi at the end of the existing tubing system of Fogg, would collectively become the tubing system of the apparatus, and the bottom walls 131 and 155 would function similarly to and replace the receptacle 5 that is part of the existing holder of Fogg.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the end of tubing system, inside the holder of Fogg, with the addition of the large cylindrical container as taught by Sekiguchi for supplying the water to the foodstuff in the holder, with the bottom walls 131 and 155 functioning similarly to and replacing the receptacle 5 of the existing holder of Fogg. One of ordinary skill in the art would have been motivated to make such a modification because the resulting configuration allows the ground coffee to be sandwiched between the bottom wall 131 and 155, allowing the ground coffee to be compressed, saturated by boiling water, giving sufficient time to extract flavors and oils from the compressed coffee, the compression movement itself being enabled by the threads when the interior container 151 is rotated counter clockwise (Sekiguchi, [0020]).
Claim 16. Fogg discloses the system of claim 1.
Fogg does not explicitly disclose wherein the holder is configured to frictionally engage an end of the tube.
Sekiguchi discloses wherein the holder is configured to frictionally engage an end of the tube. (Sekiguchi, Fig. 1 shows an interior surface 135 and 111 that holds the foodstuff for infusing the water, corresponding to the claimed holder, that is threadably engaged with an interior container 151 that supplies water, that may be a cylinder or tube shape that nests inside the interior surface 135. The first threads 137 (female) of the exterior surface 154 and the second threads 157 (male) of the external container 111 enable a frictional engagement of the components when rotatably connected.)
Fogg and Sekiguchi are analogous art because they are related to apparatuses that hold a beverage. Fogg does not explicitly disclose the holder as being frictionally engaged with an end of the tube. Sekiguchi discloses a similar holding area of Fogg that is responsible for holding the foodstuff for infusing, as well as a large cylindrical container 151 that nests inside the holding area and supplies water to the foodstuff held in the holding area, corresponding to the claimed end of the tube. Using the existing pump and tubing system of Fogg to supply the water to the cylindrical container 151 of Sekiguchi, the connection between the existing tubing system of Fogg and the large cylindrical, removably coupled, threaded tube 151 taught by Sekiguchi at the end of the existing tubing system of Fogg, would collectively become the tubing system of the apparatus, and the bottom walls 131 and 155 would function similarly to and replace the receptacle 5 that is part of the existing holder of Fogg. The modified holder of Fogg may be rotatably connected and consequently frictionally engaged with the added cylindrical tube responsible for supplying water for infusion.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the end of tubing system, inside the holder of Fogg, with the addition of the large cylindrical container as taught by Sekiguchi for supplying the water to the foodstuff in the holder, with the bottom walls 131 and 155 functioning similarly to and replacing the receptacle 5 of the existing holder of Fogg. One of ordinary skill in the art would have been motivated to make such a modification because the resulting configuration allows the ground coffee to be sandwiched between the bottom wall 131 and 155, allowing the ground coffee to be compressed, saturated by boiling water, giving sufficient time to extract flavors and oils from the compressed coffee, the compression movement itself being enabled by the threads when the interior container 151 is rotated counter clockwise (Sekiguchi, [0020]).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fogg, US Patent Application Publication No. US 10441105 B1, in view of Levin, WO 2008104971 A2.
Claim 18. Fogg discloses the system of claim 1.
Fogg does not explicitly disclose wherein the pump is a peristaltic pump.
Levin discloses wherein the pump is a peristaltic pump. (Levin, page 8 paragraph 4 “A peristaltic pump 78 provides the suction action to draw a potable liquid, such as water, out of laminated bag 54 in cup unit 36…”)
Fogg and Levin are analogous art because they are related to the operation of a drink making machine. Fogg differs from the claimed invention only in that it does not explicitly disclose that the pump is a peristaltic pump. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to simply substitute the pump disclosed by Fogg with the peristaltic pump used by Levin. One of ordinary skill in the art would have been motivated to make such a substitution because a peristaltic pump is a known element capable providing the suction action to allow a liquid to move through a tube into a chamber in order to be processed into the desired drink.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fogg, US Patent Application Publication No. US 10441105 B1, in view of Iacobucci, WO 0045685 A2.
Claim 20. Fogg discloses the system of claim 1.
Fogg does not explicitly disclose further comprising a timer configured to control timed activation and deactivation of the pump.
Iacobucci discloses further comprising a timer configured to control timed activation and deactivation of the pump. (Iacobucci, page 12 step 6.22, 6.23, 6.26 and 6.30 shows the operational steps of starting and stopping the pump based on a 10-second and 4-minute timer; and Fogg, col. 4 line 49 “… The drinking vessel also has a controller 74, as depicted in FIG. 1, that is connected to the power supply 7 and receives input from sensing elements and controls the activation, timing and general operation of the device.”)
Fogg and Iacobucci are analogous art because they are related to the operation of an apparatus that provides liquid for the purpose of brewing a beverage. Fogg differs from the claimed invention only in that it does not explicitly disclose having a timer to control the timed activation and deactivation of a pump, however it discloses that “The drinking vessel also has a controller 74, as depicted in FIG. 1, that is connected to the power supply 7 and receives input from sensing elements and controls the activation, timing and general operation of the device” (Fogg, col. 4 line 55). Iacobucci details how a timer is part of the safety system of the apparatus when a beverage such as coffee or tea is requested from the system. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the portable coffee brewer of Fogg with a timer as taught by Iacobucci. One of ordinary skill in the art would have been motivated to make such a modification in order for the timer to interrupt the delivery of the beverage in the case where one or more of the devices of the system stops working (Iacobucci, page 13 line 24).
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fogg, US Patent Application Publication No. US 10441105 B1, in view of Gallagher, US Patent Application Publication No. 3800055 A, in further view of Bishop et al., US Patent Application Publication No. 8998176 B2.
Claim 24. Modified Fogg discloses the system of claim 22,
Modified Fogg does not explicitly disclose further comprising a level sensor, wherein the level sensor is configured to detect a liquid level in the container and to initiate a change in operation of the reciprocating pump between the first direction and the second direction based at least in part on the liquid level.
Bishop discloses further comprising a level sensor, wherein the level sensor is configured to detect a liquid level in the container and to initiate a change in operation of the reciprocating pump between the first direction and the second direction based at least in part on the liquid level. (Bishop, col. 4 line 17 “The water delivery system may include a temperature sensor and a level sensor for detecting the condition of the water in the water delivery system to provide information for control of the water delivery system”; and col. 16 line 54 “The level detector 216 provides feedback to the controller 244 in the overall operation of the water dispensing cycle.”)
Fogg, Gallagher and Bishop are analogous art because they are related to the operation of a beverage making apparatus. Although Fogg does not explicitly disclose a liquid level sensor configured to initiate a change in the operation of the pump, it discloses a controller 74 which receives input from sensing elements to control the activation, timing and general operation of the device (Fogg, col. 4 line 55). Bishop discloses a level sensor 216 that provides feedback control to the controller 244 responsible for the operation of the water dispensing cycle of the system during the brew process. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the portable brewing apparatus of Fogg with the level sensor as taught by Bishop. One of ordinary skill in the art would have been motivated to make such a modification in order to have a more granular control over the flow of the water into the mixing vessel by way of feedback from the level sensor.
Claim(s) 25 and 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fogg, US Patent Application Publication No. US 10441105 B1, in view of Gallagher, US Patent Application Publication No. 3800055 A, in further view of Alexander, US Patent Application Publication No. 20130200064 A1.
Claim 25. Modified Fogg discloses the system of claim 22.
Modified Fogg discloses further comprising a tilt sensor, wherein the tilt sensor is configured to detect a position of the system with respect to an upright position and to initiate deactivation of the reciprocating pump if the detected position deviates from the upright position by a set amount.
Alexander discloses further comprising a tilt sensor, wherein the tilt sensor is configured to detect a position of the system with respect to an upright position and (Alexander, [0101] “… the orientation (or tilt) sensor can sense when the mug 400, cup or liquid container or travel mug 600 (or cup or liquid container) is tilted by more than a certain predetermined amount (e.g., more than 135.degree.) from the upright vertical axis…”)
to initiate deactivation of the reciprocating pump if the detected position deviates from the upright position by a set amount. (Alexander, [0101] details that when the tilt sensor senses that the container is tilted more than a predetermined amount, the electronic module 480, 690 turns off power to the subsystems of the apparatus; and Fogg, col. 4 line 55 “The drinking vessel also has a controller 74, as depicted in FIG. 1, that is connected to the power supply 7 and receives input from sensing elements and controls the activation, timing and general operation of the device.”)
Fogg, Gallagher and Alexander are analogous art because they are related to the operation of a beverage making apparatus. Fogg differs from the claimed invention only in that it does not explicitly disclose a tilt sensor that is able to initiate a deactivation of the reciprocating pump, however Fogg discloses a controller 74 that controls the general operation of the device, including the pump. Alexander discloses a tilt sensor that sends information to an electronic module 480, 690 which deactivates multiple subsystems of the apparatus when an orientation threshold is detected. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the portable brewing apparatus of Fogg with the addition of a liquid level sensor as taught by Alexander. One of ordinary skill in the art would have been motivated to make such a modification because “the liquid level sensor can be used in combination with the orientation sensor (e.g. gyro) so that the liquid level within the mug 400 or travel mug 600 will only be taken when the mug 400 or travel mug 600 is in the upright position. This technique would advantageously avoid the improper reading of the liquid level when the user tilts the mug off of vertical axis to take a drink” (Alexander, [0110]).
Claim 33. Modified Fogg discloses the system of claim 22.
Modified Fogg does not explicitly disclose further comprising a cooling element.
Alexander discloses further comprising a cooling element. (Alexander, Fig. 11 shows a travel mug 600 with a heating or cooling element 660.)
Fogg and Alexander are analogous art because they are related to the operation of a beverage holding apparatus. Fogg differs from the claimed invention only in that it does not explicitly disclose a cooling element. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the portable brewing system of Fogg with the addition of a cooling element as taught by Alexander. One of ordinary skill in the art would have been motivated to make such a modification in order to maintain the temperature of the food for a longer period of time by actively chilling the apparatus (Alexander, [0005]).
Claim(s) 26 and 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fogg, US Patent Application Publication No. US 10441105 B1, in view of Gallagher, US Patent Application Publication No. 3800055 A, in further view of Iacobucci, WO 0045685 A2.
Claim 26. Modified Fogg discloses the system of claim 22.
Modified Fogg does not explicitly disclose further comprising a timer configured to control timed activation and deactivation of the pump.
Iacobucci discloses further comprising a timer, wherein the timer is configured to control operation of the reciprocating pump. (Iacobucci, page 12 step 6.22, 6.23, 6.26 and 6.30 shows the operational steps of starting and stopping the pump based on a 10-second and 4-minute timer.)
Fogg, Gallagher and Iacobucci are analogous art because they are related to the operation of an apparatus that provides liquid for the purpose of brewing a beverage. Fogg differs from the claimed invention only in that it does not explicitly disclose having a timer to control the timed activation and deactivation of a pump, however it discloses that “The drinking vessel also has a controller 74, as depicted in FIG. 1, that is connected to the power supply 7 and receives input from sensing elements and controls the activation, timing and general operation of the device” (Fogg, col. 4 line 55). Iacobucci details how a timer is part of the safety system of the apparatus when a beverage such as coffee or tea is requested from the system. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the portable coffee brewer of Fogg with a timer as taught by Iacobucci. One of ordinary skill in the art would have been motivated to make such a modification in order for the timer to interrupt the delivery of the beverage in the case where one or more of the devices of the system stops working (Iacobucci, page 13 line 24).
Claim 37. Modified Fogg discloses the system of claim 22.
Modified Fogg does not explicitly disclose further comprising a timer configured to control timed activation and deactivation of the pump.
Iacobucci discloses further comprising a timer configured to control timed activation and deactivation of the reciprocating pump. (Iacobucci, page 12 step 6.22, 6.23, 6.26 and 6.30 shows the operational steps of starting and stopping the pump based on a 10-second and 4-minute timer.
Examiner’s Note: the piston pump of modified Fogg is part of the system responsible of the general operation of the device, and therefore is connected to the controller 74; and Fogg, col. 4 line 49 “… The drinking vessel also has a controller 74, as depicted in FIG. 1, that is connected to the power supply 7 and receives input from sensing elements and controls the activation, timing and general operation of the device.”)
Fogg and Iacobucci are analogous art because they are related to the operation of an apparatus that provides liquid for the purpose of brewing a beverage. Fogg differs from the claimed invention only in that it does not explicitly disclose having a timer to control the timed activation and deactivation of a pump, however it discloses that “The drinking vessel also has a controller 74, as depicted in FIG. 1, that is connected to the power supply 7 and receives input from sensing elements and controls the activation, timing and general operation of the device” (Fogg, col. 4 line 55). Iacobucci details how a timer is part of the safety system of the apparatus when a beverage such as coffee or tea is requested from the system. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the portable coffee brewer of Fogg with a timer as taught by Iacobucci. One of ordinary skill in the art would have been motivated to make such a modification in order for the timer to interrupt the delivery of the beverage in the case where one or more of the devices of the system stops working (Iacobucci, page 13 line 24).
Claim(s) 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fogg, US Patent Application Publication No. US 10441105 B1, in view of Gallagher, US Patent Application Publication No. 3800055 A, in further view of Sekiguchi, US Patent Application Publication No. 20130186280 A1.
Claim 28. Modified Fogg discloses the system of claim 27.
Modified Fogg does not explicitly disclose wherein the holder is configured to frictionally engage an end of the tube.
Sekiguchi discloses wherein the holder is configured to frictionally engage an end of the tube. (Sekiguchi, Fig. 1 shows an interior surface 135 and 111 that holds the foodstuff for infusing the water, corresponding to the claimed holder, that is threadably engaged with an interior container 151 that supplies water, that may be a cylinder or tube shape that nests inside the interior surface 135. The first threads 137 (female) of the exterior surface 154 and the second threads 157 (male) of the external container 111 enable a frictional engagement of the components when rotatably connected.)
Fogg and Sekiguchi are analogous art because they are related to apparatuses that hold a beverage. Fogg does not explicitly disclose the holder as being frictionally engaged with an end of the tube. Sekiguchi discloses a similar holding area of Fogg that is responsible for holding the foodstuff for infusing, as well as a large cylindrical container 151 that nests inside the holding area and supplies water to the foodstuff held in the holding area, corresponding to the claimed end of the tube. Using the existing pump and tubing system of Fogg to supply the water to the cylindrical container 151 of Sekiguchi, the connection between the existing tubing system of Fogg and the large cylindrical, removably coupled, threaded tube 151 taught by Sekiguchi at the end of the existing tubing system of Fogg, would collectively become the tubing system of the apparatus, and the bottom walls 131 and 155 would function similarly to and replace the receptacle 5 that is part of the existing holder of Fogg. The modified holder of Fogg may be rotatably connected and consequently frictionally engaged with the added cylindrical tube responsible for supplying water for infusion.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the end of tubing system, inside the holder of Fogg, with the addition of the large cylindrical container as taught by Sekiguchi for supplying the water to the foodstuff in the holder, with the bottom walls 131 and 155 functioning similarly to and replacing the receptacle 5 of the existing holder of Fogg. One of ordinary skill in the art would have been motivated to make such a modification because the resulting configuration allows the ground coffee to be sandwiched between the bottom wall 131 and 155, allowing the ground coffee to be compressed, saturated by boiling water, giving sufficient time to extract flavors and oils from the compressed coffee, the compression movement itself being enabled by the threads when the interior container 151 is rotated counter clockwise (Sekiguchi, [0020]).
Claim(s) 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fogg, US Patent Application Publication No. US 10441105 B1, in view of Gallagher, US Patent Application Publication No. 3800055 A, in further view of Starr et al., US Patent Application Publication No. 20140208954 A1.
Claim 29. Modified Fogg discloses the system of claim 22.
Modified Fogg does not explicitly disclose further comprising a device configured and arranged to prevent liquid in the tube from contacting the pump while permitting air in the tube to be drawn into the pump.
Starr discloses further comprising a device configured and arranged to prevent liquid in the tube from contacting the pump while permitting air in the tube to be drawn into the pump. (Starr, Fig. 3 shows a discharge check valve 266.
Examiner’s Note: the device claimed is described in [00380] as a “check valve.”)
Fogg and Starr are analogous art because they are related to the operation of a beverage making apparatus. Fogg differs from the claimed invention only in that it does not explicitly disclose a device that prevents liquid from contacting the pump while permitting air in the tube to be drawn into the pump. Starr discloses a check valve 266, which is “a one-way valve and prevents liquid and/or foodstuff in the container 254 from entering the second reservoir 240” in a reversed flow, and “is preferably open when liquid is flowing from the second reservoir 240 into the container 254 and/or when a pressure within the second reservoir 240 is greater than a pressure within the container 254” and “is preferably closed when a pressure within the second reservoir 240 is less than a pressure within the container 254, such as when the container 254 creates a relatively high back-pressure (i.e., a vacuum).” This discharge check valve 266 of Starr is placed before the container 254 in the path of the flow of water through the discharge port 242. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus along the tube 25 before the opening at holder of Fogg with a discharge check valve 266 as disclosed by Starr. One of ordinary skill in the art would have been motivated to make such a modification in order to have more control over the flow of the liquid to be processed into a beverage as taught by Starr.
Claim(s) 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fogg, US Patent Application Publication No. US 10441105 B1, in view of Gallagher, US Patent Application Publication No. 3800055 A, in further view of Wang Wu, US Patent Application Publication No. 20090057324 A1.
Claim 30. Fogg discloses the system of claim 22,
wherein the lid assembly includes a pour spout, (Fogg, Fig. 7 shows a lid with a drinking port 11.)
Modified Fogg does not explicitly disclose wherein the pour spout includes a slidable cover operable to open and close the pour spout.
Wang Wu discloses wherein the pour spout includes a slidable cover operable to open and close the pour spout. (Wang Wu, Fig. 3 and 4 shows a liquid outlet 14 corresponding to the claimed pour spout with a slide plate 3 in the closed and the open position respectively.)
Fogg and Wang Wu are analogous art because they are related to the operation of an apparatus that holds beverages. Fogg differs from the claimed invention only in that it does not explicitly disclose a lid assembly with a pour spout with a slidable cover, however it does disclose a lid with a drinking port 11 which is similar to the liquid outlet shown in Fig. 3 and 4 of Wang Wu. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the drinking port 11 of Fogg with a slide plate as taught by Wang Wu. One of ordinary skill in the art would have been motivated to make such a modification “for preventing liquid in the cup from flowing out and needless to be opened when a use is to drink the liquid in the cup” (Wang Wu, [0005]).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-2, 7-8, 10-11, 13, 15-23, 26, 29, 31-32, and 35-38 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 7-10, 17-18, 20, 22, 24-25, 27, 29, 35-38, 45-6, 48, and 50 of U.S. Patent No. 11246445 B2.
Although the claims at issue are not identical, they are not patentably distinct from each other
because the reference claims disclose, or render obvious, elements of the pending claims as shown
below.
Pending Claims
Reference Claims
1. A portable coffee brewing system, comprising: a container, configured to receive and hold liquid; a lid assembly, configured to selectively cover an open top of the container; a pump; a holder, configured to receive and hold coffee grounds; and a tube, arranged to provide fluid communication between the pump and the holder; wherein the pump is operable to move fluid from an interior of the container through coffee grounds in the holder through the tube, thereby brewing coffee.
2. The system of claim 1, wherein the holder is configured to receive a coffee grounds holding device.
8. The system of claim 1, wherein the pump is selectively operable to draw air in through the tube and blow air into the tube.
18. The system of claim 1, wherein the pump is a peristaltic pump.
22. A portable coffee brewing system, comprising: a container, configured to receive and hold liquid; a lid assembly, configured to selectively cover an open top of the container; a reciprocating pump; and a holder, configured to receive and hold coffee grounds; a pump, arranged within the lid assembly; wherein the reciprocating pump is operable to move liquid alternately in a first direction from an interior of the container into the holder, and in a second direction from the holder into the interior of the container.
23. The system of claim 22, wherein the holder is configured to receive a coffee grounds holding device.
15. The system of claim 1, wherein the holder is configured to threadably engage an end of the tube.
16. The system of claim 1, wherein the holder is configured to frictionally engage an end of the tube.
19. The system of claim 1, further comprising a control input operable to activate and deactivate the pump.
36. The system of claim 22, further comprising a control input operable to activate and deactivate the reciprocating pump.
20. The system of claim 1, further comprising a timer configured to control timed activation and deactivation of the pump.
26. The system of claim 22, further comprising a timer, wherein the timer is configured to control operation of the reciprocating pump.
37. The system of claim 22, further comprising a timer configured to control timed activation and deactivation of the reciprocating pump.
21. The system of claim 1, further comprising a microprocessor configured to selectively control operation of the system.
38. The system of claim 22, further comprising a microprocessor configured to selectively control operation of the system.
13. The system of claim 1, wherein: the pump is configured to be powered by a battery; and the lid assembly includes an interface to connect the battery.
10. The system of claim 1, further comprising a heating element.
11. The system of claim 10, wherein the heating element is operable to heat fluid held within the container.
31. The system of claim 22, further comprising a heating element.
32. The system of claim 31, wherein the heating element is operable to heat fluid held within the container.
7. The system of claim 1, further comprising a device configured and arranged to prevent liquid in the tube from contacting the pump while permitting air in the tube to be drawn into the pump.
29. The system of claim 22, further comprising a device configured and arranged to prevent liquid in the tube from contacting the pump while permitting air in the tube to be drawn into the pump.
17. The system of claim 1, wherein the lid assembly is removably coupled to the open top of the container.
35. The system of claim 22, wherein the lid assembly is removably coupled to the open top of the container.
1. A portable coffee brewing system, comprising: a top housing; the top housing extending a length from a top side to a bottom side; the top housing having an exterior wall; the top housing having a hollow interior; a pump; the pump positioned within the hollow interior of the top housing; a tube; the tube having an inlet end and an outlet end; wherein the tube is operatively connected to the pump; a punch; the punch operatively connected to the outlet end of the tube; a basket housing; the basket housing operatively connected to the top housing; a coffee grounds holding device; the coffee grounds holding device having an exterior wall the coffee grounds holding device having a hollow interior; a basket; the basket having an exterior wall; the basket having a hollow interior; the basket having a collar positioned at an upper end of the basket; the basket having a nozzle positioned at a lower end of the basket; the basket configured to receive the coffee grounds holding device within the hollow interior of the basket; wherein when the coffee grounds holding device is placed within the hollow interior of the basket, the basket is attached to the basket housing such that the basket housing engages the collar of the basket; wherein when the inlet end of the tube is placed within fluid held by a container and the pump is activated, the pump recirculates fluid from the container, through the inlet end of the tube, out the outlet end of the tube, through the coffee grounds holding device held within the basket, out through the nozzle of the basket and back into the container.
17. The system of claim 1, wherein the pump is configured to operate in both a forward direction and a reverse direction by reversing the direction of flow of power through the pump.
7. The system of claim 1, wherein the pump is a peristaltic pump.
35. The system of claim 27, wherein the pump is a peristaltic pump.
27. A countertop coffee brewing system, comprising: a housing; the housing extending a length from a top side to a bottom side; the housing having an exterior wall; the housing having a hollow interior; a pump; the pump positioned within the hollow interior of the housing; a tube; the tube having an inlet end and an outlet end; wherein the tube is operatively connected to the pump; a basket; the basket having an exterior wall; the basket having a hollow interior; the basket having a collar positioned at an upper end of the basket; the basket having a nozzle positioned at a lower end of the basket; the basket configured to receive coffee grounds within the hollow interior of the basket; wherein when the basket is attached to the housing, the housing engages the collar of the basket; wherein when the inlet end of the tube is placed within fluid held by a container and the pump is activated, the pump recirculates fluid from the container, through the inlet end of the tube, out the outlet end of the tube, through the basket held within the housing, out through the nozzle of the basket and back into the container.
29. The system of claim 27, further comprising a coffee grounds holding device; the coffee grounds holding device having an exterior wall; the coffee grounds holding device having a hollow interior; wherein when the coffee grounds holding device is placed within the hollow interior of the basket, the basket is attached to the housing such that the housing engages the collar of the basket.
45. The system of claim 27, wherein the pump is configured to operate in both a forward direction and a reverse direction by reversing the direction of flow of power through the pump.
3. The system of claim 1, wherein the collar of the basket threadably engages the basket housing.
2. The system of claim 1, wherein the collar of the basket is frictionally held by the basket housing.
8. The system of claim 1, further comprising a button, wherein the button is configured to facilitate the activation and deactivation of the pump.
36. The system of claim 27, further comprising a button, wherein the button is configured to facilitate the activation and deactivation of the pump.
9. The system of claim 1, further comprising a timer, wherein the timer is configured to facilitate the timed activation and deactivation of the pump.
37. The system of claim 27, further comprising a timer, wherein the timer is configured to facilitate the timed activation and deactivation of the pump.
10. The system of claim 1, further comprising a microprocessor, wherein the microprocessor is configured to facilitate operation of the system.
38. The system of claim 27, further comprising a microprocessor, wherein the microprocessor is configured to facilitate operation of the system.
18. The system of claim 1, wherein the top housing further comprises a self-contained power source.
46. The system of claim 27, wherein the housing further comprises a self-contained power source.
20. The system of claim 1, further comprising a heater configured to heat water during the brewing process.
48. The system of claim 27, further comprising a heater configured to heat water during the brewing process.
22. The system of claim 1, further comprising at least one check valve operatively engaged with the tube, the at least one check valve configured to prevent flow through the tube in one direction while allowing flow through the tube in an opposite direction.
50. The system of claim 27, further comprising at least one check valve operatively engaged with the tube, the at least one check valve configured to prevent flow through the tube in one direction while allowing flow through the tube in an opposite direction.
23. The system of claim 1, wherein a lip of the top housing rests upon an upper end of the container.
24. The system of claim 1, wherein the top housing threadably engages an upper end of the container.
25. The system of claim 1, wherein the top housing threadably engages an upper end of the container and seals the fluid within the container.
Claims 1-38 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-35 of U.S. Patent No. 11849877 B2.
The rejection of these claims are similar to the analysis above.
Claims 1-2, 8, 22-23, and 24-25 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-4, 21-22, and 24-25 of U.S. Patent No. 10219647 B2.
The rejection of these claims are similar to the analysis above.
Claims 1-2, 8, and 22-23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 16, and 30 of U.S. Patent No. 10231568 B2.
The rejection of these claims are similar to the analysis above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRYSTENE NHELLE B MACEDA whose telephone number is (571)272-2380. The examiner can normally be reached M-Th 7:30a-5:00p.
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/K.B.M./Examiner, Art Unit 3761
/JUSTIN C DODSON/Primary Examiner, Art Unit 3761
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