DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election with traverse of group I drawn to claims 1-15 in the reply filed on 09/15/2025 is acknowledged. The traversal is on the ground(s) that there would be no serious burden on the examiner. This is not found persuasive because Group I (claims 1-15) is drawn to an apparatus which is classified in class 99/297, wherein Group II (claims 16-20) is drawn to a method which is classified in class 426/433. There is a search and/or examination burden for the patentably distinct groups I and II as set forth in the Office action mailed on 07/16/2025 and because of at least the following reason(s) apply: the groupings of patentably indistinct species have acquired a separate status in the art in view of their different classification, and the groupings of patentably indistinct species require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries).
The Applicant is also noted that, if the applicant traverses on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Hence, the requirement is still deemed proper and is therefore made FINAL. Claims 16-20 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected group II, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 09/15/2025.
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 10/24/2023, and 02/29/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 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 for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-11, and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over De’Longhi (US 20180020867 A1) in view of Huber (US 4993315 A).
Regarding claim 1, De'Longhi discloses, a French press coffee machine (see coffee machine 1 in Fig. 1) for brewing coffee from coffee grounds (see coffee ground 32 in Fig. 2), comprising:
a brew chamber (see infusion unit 3 with infusion chamber 4 in Fig. 1 and Fig. 2) selectively moveable between a first position (see Fig. 1), a second position (see Fig. 2) and a third position (see Fig. 3), the brew chamber in the first position (see Fig. 1) configured to receive coffee grounds position (see Fig. 1, wherein Fig. 1 is a schematic sectional view of the machine with the infusion unit in the position for loading the dose of coffee grounds as disclosed in para 0022), the brew chamber in the second position (see Fig. 2) configured to brew coffee (see Fig. 2, wherein Fig. 2 is a view of the machine appearing in Fig. 1 with the infusion unit in the position reached at the end of the first course of translational movement as disclosed in para 0022 and wherein by effect of the first course of translational movement, the closing piston 8 penetrates into the infusion chamber 4 to such a limited extent that it does not compress the load of loose coffee grounds 32 during the infusion process as disclosed in para 0058), the brew chamber in the third position (see Fig. 3) configured to compress the coffee grounds (see Fig. 3, wherein FIG. 3 is a view of the machine appearing in Fig. 1 with the infusion unit in the position reached at the end of the second course of translational movement as disclosed in para 0024 and wherein the controller is also programmed to subject the infusion unit 3 in its entirety (thus the infusion chamber 4 and the ejection piston 9) […] following execution of the infusion process, to a second course of translational movement in the same direction as the first course of translational movement, for compression of the load of spent coffee grounds 33 against the closing piston 8 and drainage of the liquid contained therein towards the drain line 7 as disclosed in para 0056);
a piston (see ejection piston 9 in Fig. 1) disposed within the brew chamber (see Fig. 1) and selectively moveable between a first point (see Figs. 1-3) and a second point (see Fig. 4) to separate the coffee grounds from the brewed coffee (see Figs. 4 and 5, wherein Fig. 4 is a view of the machine appearing in Fig. 1 with the infusion unit in the position for extraction of the load of spent coffee grounds from the infusion chamber as disclosed in para 0025 and wherein Fig. 5 is a view of the machine appearing in Fig. 1 with the infusion unit in the position for ejection of the load of spent coffee grounds from the infusion chamber as disclosed in para 0026); and
a movement driving parts (see motorized endless screw 19 in combination with cam control means 17, 18 in Fig. 1) disposed adjacent to the brew chamber (see Fig. 1) and configured to selectively move the brew chamber between the first position (see Fig. 1), the second position (see Fig. 2), and the third position (see Fig. 3) and configured to selectively move the piston between the first point (see Figs. 1-3) and the second point (see Fig. 4-5).
However, De'Longhi does not explicitly disclose, a motor.
Nonetheless, Huber teaches, a French press coffee machine (see coffee percolator 100 in Fig. 1) for brewing coffee from coffee grounds (see coffee powder supply section 2, wherein the coffee powder from the coffee powder supply hopper 22 is supplied to the brewing chamber 7 via the discharging funnel 25 as shown in Fig. 2 and disclosed in Col. 7 lines 28-38), comprising:
a brew chamber (see brewing chamber 7 in Fig. 1 and Fig. 2) selectively moveable between a first position (see II in Fig. 2), a second position (see I in Fig. 2), and a third position (see III in Fig. 2),
a piston (see position piston 14 in Fig. 1 and Fig. 2) disposed within the brew chamber (see Fig. 1) and selectively moveable between a first point (see Fig. 1, wherein piston 14 is located on the bottom of chamber 7) and a second point (see position III in Fig. 2, wherein the piston 14 is moved to the top of the chamber 7 and disclosed in Col. 6 lines 62-68 “Engaged with rack 16 is a drive pinion of a geared motor 17 operable to displace piston 14 within cylinder 6 in such a manner that boundary wall surface 15 can be raised from at least the lower end of distributor sieve 10 or brewing sieve 13, respectively, to the upper end of cylinder 6 or even therebeyond”) to separate the coffee grounds (see coffee ground 32 in Fig. 2) from the brewed coffee (see Fig. 2); and
a motor (see motor 17 and motor 28 in Fig. 1 and Fig. 2) disposed adjacent to the brew chamber (see Fig. 1 and Fig. 2) and configured to selectively move the brew chamber (7) between the first position (II), the second position (I), and the third position (III) and configured to selectively move the piston (14) between the first point (see Fig. 1 and I) and the second point (see Fig. 2 and III).
Since De'Longhi discloses, the motorized endless screw 19 in combination with the cam control means 17, 18 are configured to control the movements of the brew chamber 4 and the piston 9, it would have been obvious to one having ordinary skill in the art at the time before the effective filling date (post AIA ) to modify the motorized endless screw 19 in combination with the cam control means 17, 18 of De’Longhi to further comprises motor/motors to control the movements of the brew chamber and the piston as taught/suggested by Huber in order to enable automation and precise control for the movements of the brew chamber and the piston.
Regarding claim 2, De'Longhi in view of Huber discloses, the French press coffee machine of Claim 1, De’Longhi further including a guide member (see motorized endless screw 19 in Fig. 1) configured to guide movement of the brew chamber between the first position (see Fig. 1), the second position (see Fig. 2), and the third position (see Fig. 3).
Regarding claim 3, De'Longhi in view of Huber discloses, the French press coffee machine of Claim 1, De’Longhi further discloses wherein the brew chamber (4) is slidably (see Figs. 1-5) disposed relative to a channel (rectilinear trajectory L′ in Fig. 1) of the guide member (19).
Regarding claim 4, De'Longhi in view of Huber discloses, the French press coffee machine of Claim 1, De’Longhi further discloses wherein the brew chamber (4) is vertical in the first position (see Fig. 1, since the claim does not explicitly recite the view reference in which the brew chamber is vertical relative to, it is construed that the brew chamber 4 is vertical in relative with the closing piston 8 as seen in Fig. 1).
Regarding claim 5, De'Longhi in view of Huber discloses, the French press coffee machine of Claim 4, De’Longhi further discloses wherein the brew chamber (4) in the second position (see Fig. 2) is tilted between about 10° and about 50° (see Fig. 2).
However, De’Longhi does not explicitly disclose, the second position is tilted between about 10° and about 50° relative to the first position.
Nonetheless, Huber teaches, the second position (I) is tilted between about 10° and about 50° (see Fig. 2) relative to the first position (II).
It would have been obvious to one having ordinary skill in the art at the time before the effective filling date (post AIA ) to modify the brew chamber 4 of De’Longhi to further able to obtain the second position is tilted between about 10° and about 50° relative to the first position as taught/suggested by Huber in order to enable the brew chamber to brew at the tilted position and receive the coffee powder/grounds at the position right under the coffee powder/grounds hopper so as the coffee powder/grounds are fully dispensed into the brew chamber without the coffee powder/grounds to fall off the brew chamber while dispensing.
Regarding claim 6, De'Longhi in view of Huber discloses, the French press coffee machine of Claim 4, De’Longhi further discloses wherein the brew chamber (4) in the second position (see Fig. 2) is tilted between about 20° and about 40° (see Fig. 2).
However, De’Longhi does not explicitly disclose, wherein the brew chamber in the second position is tilted between about 20° and about 40° relative to the first position.
Nonetheless, Huber teaches, the second position (I) is tilted between about 20° and about 40° (see Fig. 2) relative to the first position (II).
It would have been obvious to one having ordinary skill in the art at the time before the effective filling date (post AIA ) to modify the brew chamber 4 of De’Longhi to further able to obtain wherein the brew chamber in the second position is tilted between about 20° and about 40° relative to the first position as taught/suggested by Huber in order to enable the brew chamber to brew at the tilted position and receive the coffee powder/grounds at the position right under the coffee powder/grounds hopper so as the coffee powder/grounds are fully dispensed into the brew chamber without the coffee powder/grounds to fall off the brew chamber while dispensing.
Regarding claim 7, De'Longhi in view of Huber discloses, the French press coffee machine of Claim 4, De’Longhi further discloses wherein the brew chamber (4) in the second position (see Fig. 2) is tilted between about 30° (see Fig. 2).
However, De’Longhi does not explicitly disclose, wherein the brew chamber in the second position is tilted to about 30° relative to the first position.
Nonetheless, Huber teaches, the second position (I) is tilted between about 30° (see Fig. 2) relative to the first position (II).
It would have been obvious to one having ordinary skill in the art at the time before the effective filling date (post AIA ) to modify the brew chamber 4 of De’Longhi to further able to obtain wherein the brew chamber in the second position is tilted between about 30° relative to the first position as taught/suggested by Huber in order to enable the brew chamber to brew at the tilted position and receive the coffee powder/grounds at the position right under the coffee powder/grounds hopper so as the coffee powder/grounds are fully dispensed into the brew chamber without the coffee powder/grounds to fall off the brew chamber while dispensing.
Regarding claim 8, De'Longhi in view of Huber discloses, the French press coffee machine of Claim 5, De’Longhi further discloses wherein the brew chamber (4) moves longitudinally along an axis from the second position (see Fig. 2) to the third position (see Fig. 3).
Regarding claim 9, De'Longhi in view of Huber discloses, the French press coffee machine of Claim 1, De’Longhi further including an arm (see scraper 37 in Fig. 1) disposed adjacent to the brew chamber (see Fig. 1).
Regarding claim 10, De'Longhi in view of Huber discloses, the French press coffee machine of Claim 9, De’Longhi further discloses wherein the arm (37) is configured to sweep the coffee grounds off (see Fig. 5) the piston (9) as the piston (9) is at the second point (see Fig. 5).
However, De’Longhi does not explicitly disclose, wherein the arm is configured to sweep the coffee grounds off the piston as the brew chamber moves from the second position to the first position and the piston is at the second point.
Nonetheless, Huber teaches, wherein the arm (see stripper 26 in Fig. 2) is configured to sweep the coffee grounds (32) off the piston (14) as the brew chamber (7) moves from the one position to another position and the piston is at the second point (see Fig. 2 and disclosed in Col. 8 lines 27-30 “As cylinder 6 is thus tilted back, top surface 14a or 15 comes into contact with stripper 26 which acts to strip any remaining coffee powder residues from surface 15”).
It would have been obvious to one having ordinary skill in the art at the time before the effective filling date (post AIA ) to modify the brew chamber 4 and the arm 37 of De’Longhi to further able to obtain wherein the brew chamber in the second position is tilted relative to the first position such that the arm is configured to sweep the coffee grounds off the piston as the brew chamber moves from the second position to the first position and the piston is at the second point as taught/suggested by Huber in order to enable the brew chamber to brew at the tilted second position to sweep off the coffee powder/ground and come back to the first position to receive the coffee powder/grounds at the position right under the coffee powder/grounds hopper so as the coffee powder/grounds are fully dispensed into the brew chamber without the coffee powder/grounds to fall off the brew chamber while dispensing.
Regarding claim 11, De'Longhi in view of Huber discloses, the French press coffee machine of Claim 1, De’Longhi further discloses wherein the brew chamber includes an exit port (see dispensing line 6 in Fig. 1).
Regarding claim 13, De'Longhi in view of Huber discloses, the French press coffee machine of Claim 1, De’Longhi further discloses a movement driving parts (see motorized endless screw 19 in combination with cam control means 17, 18 in Fig. 1) configured to selectively pulsate (see brew chanber 4 is moving up from Fig. 1 to Fig. 3) the brew chamber (4) to saturate coffee grounds (32) with water contained therein (see Fig. 1-3).
However, De’Longhi does not explicitly disclose, wherein the motor is configured to selectively pulsate the brew chamber to saturate coffee grounds with water contained therein.
a motor (see motor 17 and motor 28 in Fig. 1 and Fig. 2) disposed adjacent to the brew chamber (see Fig. 1 and Fig. 2) and configured to selectively move the brew chamber (7) between the first position (II), the second position (I), and the third position (III) and configured to selectively move the piston (14) between the first point (see Fig. 1 and I) and the second point (see Fig. 2 and III).
Since De'Longhi discloses, the motorized endless screw 19 in combination with the cam control means 17, 18 are configured to control the movements of the brew chamber 4, it would have been obvious to one having ordinary skill in the art at the time before the effective filling date (post AIA ) to modify the motorized endless screw 19 in combination with the cam control means 17, 18 of De’Longhi to further comprises motor/motors to to selectively pulsate the brew chamber to saturate coffee grounds with water contained therein as taught/suggested by Huber in order to enable automation and precise control for the movements of the brew chamber.
Regarding claim 14, De'Longhi in view of Huber discloses, the French press coffee machine of Claim 1, De’Longhi further discloses wherein the brew chamber (4) has an interior circumference (see Fig. 1) substantially equal to an exterior circumference (see Fig. 1) of piston (9).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over De’Longhi (US 20180020867 A1) in view of Huber (US 4993315 A) and in further view of Kim (KR 20040012127 A and see the PDF attached).
Regarding claim 12, De'Longhi in view of Huber discloses, the French press coffee machine of Claim 11.
However, De'Longhi in view of Huber does not explicit disclose, further including a pump configured to move brewed coffee from the brew chamber through the exit port.
Nonetheless, Kim teaches, further including a pump (see pump 10 in Fig. 1) configured to move brewed coffee from the brew chamber (see coffee tank 8 in Fig. 1) through the exit port (see hose 9 in Fig. 1).
It would have been obvious to one having ordinary skill in the art at the time before the effective filling date (post AIA ) to modify exit port 6 of De’Longhi to further including a pump configured to move brewed coffee from the brew chamber through the exit port as taught/suggested by Kim in order to adjust the discharge amount and the discharge speed of the liquid coffee as disclosed by Kim.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over De’Longhi (US 20180020867 A1) in view of Huber (US 4993315 A) and in further view of Nosler (US 20070068393 A1).
Regarding claim 15, De'Longhi in view of Huber discloses, the French press coffee machine of Claim 11.
However, De'Longhi in view of Huber does not explicit disclose, wherein the piston includes a filter configured to allow brewed coffee to pass through the piston as the piston moves between the first point and the second point.
Nonetheless, Nosler teaches wherein the piston (see piston assembly 74 in Fig. 4) includes a filter (see filter 98 in Fig. 4) configured to allow brewed coffee to pass through (see Figs. 8-10) the piston (74) as the piston (74) moves between the first point (see Fig. 8) and the second point (see Fig. 10 and Fig. 11).
It would have been obvious to one having ordinary skill in the art at the time before the effective filling date (post AIA ) to modify piston 9 of De’Longhi wherein the piston includes a filter configured to allow brewed coffee to pass through the piston as the piston moves between the first point and the second point as taught/suggested by Nosler in order to prevent solids such as ground coffee from passing into the lower portion of the brewing chamber, thus filtering the liquid as disclosed by Nosler.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VY T NGUYEN whose telephone number is (571)272-6015. The examiner can normally be reached Monday-Friday approx. 6:00 am-3:30 pm ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached on (571) 272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/VY T NGUYEN/Examiner, Art Unit 3761