Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/28/2023 is being considered by the examiner.
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:
receiver module, in claim 1
material selector module, in claim 1
a regulator module, in claim 1
a quantity regulator module, in claim 1
a parameter regulator module, in claim 1
a control module, in claim 1
authentication module, in claim 2
an information module, in claim 4
Prong 1:
receiver module, in claim 1
material selector module, in claim 1
a regulator module, in claim 1
a quantity regulator module, in claim 1
a parameter regulator module, in claim 1
a control module, in claim 1
authentication module, in claim 2
an information module, in claim 4
Prong 2:
receiver module - to receive a user selection of a brewing recipe (Function)
material selector module - to select at least one brewing material (Function)
a regulator module – none (Function)
a quantity regulator module - to determine quantity of the at least one selected brewing material (Function)
a parameter regulator module - to determine respective values of one or more parameters based on the selected brewing recipe (Function)
a control module - to control one or more elements of the brewing device (Function)
authentication module - to authenticate an authorized user to access the brewing device (Function)
an information module - to fetch and render information about at least one brewing recipe (Function)
Prong 3:
None of the modules have structure in the claim language.
The specification/drawing recites “FIGURE 2 illustrates a block diagram 200 of the brewing system 114 for controlling brewing based on origin of brewing material to make a beverage, in accordance with various embodiments of the present disclosure, in ¶0038. The examiner interrupts this as a user interface with different functions and screens in order to control each parameter of the brewing device.
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 3-4, 12-13, and 16 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “original taste” in claim 3 and 12 is a relative term which renders the claim indefinite. The term “original taste” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term “original taste” is unclear and subjective, the specification does recite “In some embodiment, the receiver module 206 may receive a user selection of a brewing recipe from the one or more brewing recipes for making the beverage. It may be noted that the user selection may be inclusive of a quantity of the beverage and the brewing recipe may, without any limitation, include required brewing material along with details of the one or more parameters for making the beverage with original taste i.e., a high-quality beverage.” In ¶0044. The examiner is interpreted this term as being able to complete a custom recipe by changing the parameters via the interface.
Claim 16 recites the limitation "the regulator module" in line 1. There is insufficient antecedent basis for this limitation in the 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-18 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being articulated by US 20240099502 A1 – Kashima.
Regarding claim 1, Kashima is directed to a brewing device. Kashima does teach a receiver module to receive a user selection of a brewing recipe from one or more brewing recipes for making the beverage ([0184] In S1201, the processing unit 11a receives recipe selection from the user.) along with a quantity of the beverage, ([0184] the recipe selection is displayed as a plurality of selectable items such as “Blend A”, “Blend B”, and the like corresponding to types of coffee beans. In each item, parameters such as the amount of coffee beans, the grind size, the amount of steaming hot water, the steaming time, the amount of hot water to be extracted) wherein the one or more brewing recipes are arranged in order of historical selection frequencies ([0214] in FIG. 14 is selected, and an image during production “recipe history” is displayed in the region 1414.) of at least one of: user and brewing device; a material selector module to select at least one brewing material from one or more brewing materials based on the user-selected brewing recipe ([0184] the recipe selection is displayed as a plurality of selectable items such as “Blend A”, “Blend B”, and the like corresponding to types of coffee beans);a regulator module having: a quantity regulator module to determine quantity of the at least one selected brewing material ([0184] In each item, parameters such as the amount of coffee beans); a parameter regulator module to determine respective values of one or more parameters based on the selected brewing recipe and the at least one selected brewing material and a control module to control one or more elements of the brewing device based on the determined quantity of the at least one selected brewing material and the respective values of the one or more parameters to make the beverage ([0184] In S1201, the processing unit 11a receives recipe selection from the user. The recipe selection may be configured as follows. For example, on the screen displayed on the information display device 12, the recipe selection is displayed as a plurality of selectable items such as “Blend A”, “Blend B”, and the like corresponding to types of coffee beans. In each item, parameters such as the amount of coffee beans, the grind size, the amount of steaming hot water, the steaming time, the amount of hot water to be extracted, the extraction pressure, and the extraction time are linked and stored as a recipe. That is, by selecting any item on the screen, the linked and stored parameters are selected as a recipe.).
Regarding claim 2, Kashima does teach the limitation of claim 1. Kashima does teach further comprising an authentication module to authenticate an authorized user to access the brewing device to modify the one or more parameters of the brewing device, wherein the authentication is associated with at least one of: bio-metrics detection, passcode detection, and Radio-Frequency Identification (RFID) detection ([0159] A beverage consumer (user) can set a profile for beverage production from the portable terminal 17. For example, on a screen of the mobile terminal 17, the user can set the amount of coffee beans, the grind size, the amount of steaming hot water, a steaming time, the amount of hot water to be extracted, an extraction pressure, an extraction time, and the like, using a slide bar, for example. By enabling parameter adjustment for coffee beverage extraction on the mobile terminal 17, the user may be able to easily enjoy the feeling of coffee extraction operation like a barista. After the setting, the user visits a cafe for example, and holds a two-dimensional code representing the setting content displayed on the screen of the mobile terminal 17 over an imaging unit of the information display device 12, so as to send the setting content to the information display device 12.).
Regarding claim 3, Kashima does teach the limitation of claim 1. Kashima does teach wherein the brewing recipe includes at least one of: required brewing materials along with details of the one or more parameters for making the beverage with original taste (Figure 14 and 18 shows a menu with “bitterness” and “sourness”, these adjustable options allow the user to select an “original taste”).
Regarding claim 4, Kashima does teach the limitation of claim 3. Kashima does teach further comprising an information module to fetch and render information about at least one brewing recipe of the one or more brewing recipes to the user based at least on one of: selection by the user ([0182] Display control process during the production of the coffee beverage according to the present embodiment will be described below. In the present embodiment, an image during production selected by the user is displayed on the information display device 12 during production of a coffee beverage corresponding to a recipe.).
Regarding claim 5, Kashima does teach the limitation of claim 1. Kashima does teach wherein the one or more parameters includes at least one of: temperature, pressure, volume, and steeping time ([0184] the recipe selection is displayed as a plurality of selectable items such as “Blend A”, “Blend B”, and the like corresponding to types of coffee beans. In each item, parameters such as the amount of coffee beans, the grind size, the amount of steaming hot water, the steaming time, the amount of hot water to be extracted, the extraction pressure, and the extraction time are linked and stored as a recipe.).
Regarding claim 6, Kashima does teach the limitation of claim 1. Kashima does teach the one or more elements include at least one of: a raw material inserter ([0165] Thus, one cup of roasted coffee beans is supplied from the reservoir device 4), a pressure pump ([0081] The fluid supply unit 7 includes a compressor 70 as a pressure source), a heating coil ([0082] a heater 72a for heating the water in the water tank 72), and a brewing material dispenser ([0099] The roasted coffee beans supplied from the reservoir device 4 are ground by the grinder 5A, then further ground by the grinder 5B into powder, and are put into the extraction container 9 from a discharge pipe 5C.).
Regarding claim 7, Kashima does teach the limitation of claim 1. Kashima does teach further comprising one or more sensors to sense and provide real-time data pertaining to the one or more parameters to the regulator module for controlled brewing by error identification and correction ([0212] The display control process according to the present embodiment is described above, but when occurrence of an error related to beverage production is determined internally, an error screen can be displayed, and the user may not be able to select the image during production while the error screen is being displayed. Here, the error means, for example, a cover opening error when opening of the cover portion is detected, and various errors (for example, temperature error and pressure error) when various sensors (for example, the temperature sensor and the pressure sensor) indicate an abnormal value.).
Regarding claim 8, Kashima does teach the limitation of claim 1. the beverage corresponds to at least one of: a hot beverage ([0077] The fluid supply unit 7 introduces hot water into the extraction container 9. A coffee liquid is extracted from the ground beans in the extraction container 9.).
Regarding claim 9, Kashima does teach the limitation of claim 1. he one or more brewing materials include at least one of: coffee beans ([0066] The roasted coffee beans as a raw material can be accommodated in canisters 40).
Regarding claim 10, Kashima is directed to a brewing device. Kashima does teach receiving a user selection of a brewing recipe from one or more brewing recipes for making the beverage ([0184] In S1201, the processing unit 11a receives recipe selection from the user.) along with a quantity of the beverage, ([0184] the recipe selection is displayed as a plurality of selectable items such as “Blend A”, “Blend B”, and the like corresponding to types of coffee beans. In each item, parameters such as the amount of coffee beans, the grind size, the amount of steaming hot water, the steaming time, the amount of hot water to be extracted) wherein the one or more brewing recipes are arranged in order of historical selection frequencies ([0214] in FIG. 14 is selected, and an image during production “recipe history” is displayed in the region 1414.) of at least one of: user and brewing device; selecting at least one brewing material from one or more brewing materials based on the user-selected brewing recipe ([0184] the recipe selection is displayed as a plurality of selectable items such as “Blend A”, “Blend B”, and the like corresponding to types of coffee beans); determining quantity of the at least one selected brewing material ([0184] In each item, parameters such as the amount of coffee beans); determining respective values of one or more parameters based on the selected brewing recipe and the at least one selected brewing material and a control module to control one or more elements of the brewing device based on the determined quantity of the at least one selected brewing material and the respective values of the one or more parameters to make the beverage ([0184] In S1201, the processing unit 11a receives recipe selection from the user. The recipe selection may be configured as follows. For example, on the screen displayed on the information display device 12, the recipe selection is displayed as a plurality of selectable items such as “Blend A”, “Blend B”, and the like corresponding to types of coffee beans. In each item, parameters such as the amount of coffee beans, the grind size, the amount of steaming hot water, the steaming time, the amount of hot water to be extracted, the extraction pressure, and the extraction time are linked and stored as a recipe. That is, by selecting any item on the screen, the linked and stored parameters are selected as a recipe.).
Regarding claim 11, Kashima does teach the limitation of claim 10. Kashima does teach further comprising an authentication module to authenticate an authorized user to access the brewing device to modify the one or more parameters of the brewing device, wherein the authentication is associated with at least one of: bio-metrics detection, passcode detection, and Radio-Frequency Identification (RFID) detection ([0159] A beverage consumer (user) can set a profile for beverage production from the portable terminal 17. For example, on a screen of the mobile terminal 17, the user can set the amount of coffee beans, the grind size, the amount of steaming hot water, a steaming time, the amount of hot water to be extracted, an extraction pressure, an extraction time, and the like, using a slide bar, for example. By enabling parameter adjustment for coffee beverage extraction on the mobile terminal 17, the user may be able to easily enjoy the feeling of coffee extraction operation like a barista. After the setting, the user visits a cafe for example, and holds a two-dimensional code representing the setting content displayed on the screen of the mobile terminal 17 over an imaging unit of the information display device 12, so as to send the setting content to the information display device 12.).
Regarding claim 12, Kashima does teach the limitation of claim 10. Kashima does teach wherein the brewing recipe includes at least one of: required brewing materials along with details of the one or more parameters for making the beverage with original taste (Figure 14 and 18 shows a menu with “bitterness” and “sourness”, these adjustable options allow the user to select an “original taste”).
Regarding claim 13, Kashima does teach the limitation of claim 12. Kashima does teach further comprising an information module to fetch and render information about at least one brewing recipe of the one or more brewing recipes to the user based at least on one of: selection by the user ([0182] Display control process during the production of the coffee beverage according to the present embodiment will be described below. In the present embodiment, an image during production selected by the user is displayed on the information display device 12 during production of a coffee beverage corresponding to a recipe.).
Regarding claim 14, Kashima does teach the limitation of claim 10. Kashima does teach wherein the one or more parameters includes at least one of: temperature, pressure, volume, and steeping time ([0184] the recipe selection is displayed as a plurality of selectable items such as “Blend A”, “Blend B”, and the like corresponding to types of coffee beans. In each item, parameters such as the amount of coffee beans, the grind size, the amount of steaming hot water, the steaming time, the amount of hot water to be extracted, the extraction pressure, and the extraction time are linked and stored as a recipe.).
Regarding claim 15, Kashima does teach the limitation of claim 10. Kashima does teach the one or more elements include at least one of: a raw material inserter ([0165] Thus, one cup of roasted coffee beans is supplied from the reservoir device 4), a pressure pump ([0081] The fluid supply unit 7 includes a compressor 70 as a pressure source), a heating coil ([0082] a heater 72a for heating the water in the water tank 72), and a brewing material dispenser ([0099] The roasted coffee beans supplied from the reservoir device 4 are ground by the grinder 5A, then further ground by the grinder 5B into powder, and are put into the extraction container 9 from a discharge pipe 5C.).
Regarding claim 16, Kashima does teach the limitation of claim 10. Kashima does teach further comprising one or more sensors to sense and provide real-time data pertaining to the one or more parameters to the regulator module for controlled brewing by error identification and correction ([0212] The display control process according to the present embodiment is described above, but when occurrence of an error related to beverage production is determined internally, an error screen can be displayed, and the user may not be able to select the image during production while the error screen is being displayed. Here, the error means, for example, a cover opening error when opening of the cover portion is detected, and various errors (for example, temperature error and pressure error) when various sensors (for example, the temperature sensor and the pressure sensor) indicate an abnormal value.).
Regarding claim 17, Kashima does teach the limitation of claim 10. the beverage corresponds to at least one of: a hot beverage ([0077] The fluid supply unit 7 introduces hot water into the extraction container 9. A coffee liquid is extracted from the ground beans in the extraction container 9.).
Regarding claim 18, Kashima does teach the limitation of claim 10. the one or more brewing materials include at least one of: coffee beans ([0066] The roasted coffee beans as a raw material can be accommodated in canisters 40).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20180125288 A1 – Noth teaches an automated brewing device that using code to submit a recipe.
US 20130062366 A1 – Tansey does teach a hot and cold beverage maker.
US 20240032724 A1 – Nakao does teach a user interface for changing parameters of the brewing process.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEITH BRIAN ASSANTE whose telephone number is (571)272-5853. The examiner can normally be reached M-F 7:30 am - 4:30 pm EST.
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, Steven W Crabb can be reached at (571) 270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEITH BRIAN ASSANTE/Examiner, Art Unit 3761
/JUSTIN C DODSON/Primary Examiner, Art Unit 3761
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