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 .
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.
Claim Rejections - 35 USC § 102
1. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 49-51 and 53-56 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dussault et al. (U.S. PG Pub No.: 2018/0344074 A1), hereinafter referred to as Dussault et al. ‘074.
Regarding claim 49, Dussault et al ‘074 disclose a machine (50) machine for brewing and cooling a single serving of a beverage (coffee), the machine comprising: a water heating system (12) configured to heat water (11) in a first brewing line (15) upstream of a recess (57) of the machine, the recess being sized to receive a pod (71) containing ingredients for providing the brewed and cooled beverage {as shown in Figs. 1, 5A and 7A: ¶¶ [0011], [0021-0023] and [0048-0050]}; a brewing system (BREW) configured to flow the heated water from the first brewing line through ingredients within the pod to brew the beverage when the pod is in the recess {as shown in Figs. 1, 5A and 7A: ¶¶ [0021-0023] and [0048-0050]}; a beverage cooling system (COOL) configured to cool the brewed beverage before the brewed beverage is dispensed from the machine {as shown in Figs. 1, 5A and 7A: ¶¶ [0021-0023] and [0048-0050]}, the beverage cooling system comprising: an evaporator (24) comprising a sidewall having an inner surface (80) at least partially defining a second recess sized to receive the brewed beverage from the brewing system {as shown in Figs. 8A-8D: ¶¶ [0050-0051]}; and a compressor (21) operable to flow a refrigerant through the one or more channels (CH) located outward of the inner surface of the evaporator to exchange heat from the brewed beverage to the refrigerant to cool the brewed beverage when the brewed beverage is in the cooling container {see annotated Fig. 8D: ¶¶ [0023] and [0030-0034]}; and a paddle (85) operable to mix the brewed beverage while the beverage cooling system cools the brewed beverage to produce the cooled beverage {as shown in Fig. 8C: ¶ [0051]}.
Regarding claim 50, Dussault et al ‘074 disclose the machine of claim 49, comprising a heat exchanger (18) configured to assist in cooling the single serving of the brewed beverage before the single serving of the brewed beverage is dispensed from the machine {as shown in Fig. 1: ¶¶ {0022-0023] and [0026]}.
Regarding claim 51, Dussault et al ‘074 disclose the machine of claim 50, wherein the heat exchanger is configured to transfer thermal energy between the first brewing line upstream of the recess and a second brewing (Qevap) line downstream of the recess {as shown in Fig. 1: ¶¶ [0021-0023]]}.
Regarding claim 53, Dussault et al ‘074 disclose the machine of claim 49, wherein the cooling container is in direct contact with the evaporator {as shown in Fig. 7A: ¶ [0050]}.
Regarding claim 54, Dussault et al ‘074 disclose the machine of claim 53, wherein the machine is configured such that the sidewall of the object (71) is disposed radially between the paddle (85) and the evaporator (80) {as shown in Figs. 7A and 8C}.
Regarding claim 55, Dussault et al ‘074 disclose the machine of claim 49, wherein the machine weighs less than 50lbs and is configured to produce and dispense the single serving of the cooled beverage in quantities of 1 quart or less within 5 minutes {see ¶¶ [0004], [0026], [0028] and [0047]}.
Regarding claim 56, Dussault et al ‘074 disclose the machine of claim 55, wherein the single serving of the cooled beverage is a single serving of chilled coffee {see ¶¶ [0003-0008], [0011] and [0022]}.
Claim Rejections - 35 USC § 103
2. 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 of this title, 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.
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 29-31, 37- 40, 47, 48 and 57-62 are rejected under 35 U.S.C. 103 as being unpatentable over Dussault et al. ‘074, in view of CIGOLINI (English Translated ES publication No.: 2328673 T3), hereinafter referred to as CIGOLINI ‘673.
Regarding claim 29, Dussault et al ‘074 disclose a machine (50) for brewing and cooling a single serving of a beverage (coffee), the machine comprising: a water heating system (12) configured to heat water (11) in a brewing line (15) upstream of a first recess (57) of the machine, the first recess being sized to receive a pod (71) containing ingredients for providing the single serving of the beverage {as shown in Figs. 1, 5A and 7A: ¶¶ [0011], [0021-0023] and [0048-0050]}; a brewing system (BREW) configured to flow the heated water from the brewing line through the ingredients within the pod to brew the single serving of the beverage while the pod is in the first recess {as shown in Figs. 1, 5A and 7A: ¶¶ [0021-0023] and [0048-0050]}; a beverage cooling system (COOL) configured to cool the single serving of the brewed beverage in a cooling container (57) before the single serving of the brewed beverage is dispensed from the machine {as shown in Figs. 1, 5A and 7A: ¶¶ [0021-0023] and [0048-0050]}, the beverage cooling system comprising: an evaporator (24) having one or more channels (80) that are disposed in the cooling container (87) {as shown in Figs. 1, 3D, 8A-8D: ¶¶ [0023], [0041-0043] and [0050-00511}; and a compressor (21) operable to flow a refrigerant through the one or more channels (CH) to exchange heat from the single serving of the brewed beverage to the refrigerant to cool the single serving of the brewed beverage when the brewed beverage is in the cooling container {see annotated Fig. 8D: ¶¶ [0023] and [0030-0034]}; a heat exchanger (18) thermally connected to the water heating system and the evaporator of the beverage cooling system for assisting in cooling the brewed beverage {as shown in Fig. 1: ¶¶ {0022-0023] and [0026]}; and, a paddle (85) operable to mix the brewed beverage while the beverage cooling system cools the single serving of the brewed beverage to produce the single serving of the brewed and cooled beverage {as shown in Fig. 8C: ¶ [0051]}.
However, Dussault et al. ‘074 fail to disclose the limitations of the evaporator having one or more channels that are disposed outward of the cooling container.
CIGOLINI ‘673: teaches the concept of the evaporator (19/ or 20) having one or more channels that are disposed outward of the cooling container (11) {see Fig. 1: Description}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Dussault et al. ‘074 in view of CIGOLINI ‘673 to include the configuration of the evaporator having one or more channels that are disposed outward of the cooling container, in order to facilitate indirect thermal contact with foodstuffs {CIGOLINI ‘673 – abstract}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the Dussault et al. ‘074 in view of CIGOLINI ‘673 to obtain the invention as specified in claim 29.
Regarding claim 30, the combination of Dussault et al ‘074 and CIGOLINI ‘673 disclose and teach the machine of claim 29, Dussault et al ‘074 as modified by CIGOLINI ‘673 further teaches the limitations wherein the paddle comprises a central stem (14) with one or more portions (15) extending radially outward from the central stem {see Fig. 1: Description}.
Regarding claim 31, the combination of Dussault et al ‘074 and CIGOLINI ‘673 disclose and teach the machine of claim 30, Dussault et al ‘074 as modified by CIGOLINI ‘673 further teaches the limitations wherein the machine is configured such that the one or more portions of the paddle rotate within the cooling container while stirring the single serving of the brewed and cooled beverage as the beverage cooling system cools the single serving of the brewed beverage {see Fig. 1: Description}.
Regarding claim 37, the combination of Dussault et al ‘074 and CIGOLINI ‘673 disclose and teach the machine of claim 29, Dussault et al ‘074 disclose wherein the machine is operable to dispense the single serving of the brewed and cooled beverage directly into a cup (16) or a container after the machine cools the single serving of the brewed beverage {as shown in Fig. 1: ¶ [0022]}.
Regarding claim 38, the combination of Dussault et al ‘074 and CIGOLINI ‘673 disclose and teach the machine of claim 29, Dussault et al ‘074 disclose wherein the machine weighs less than 50lbs and is configured to produce and dispense the single serving of the brewed and cooled beverage in quantities of 1 quart or less within 5 minutes {see ¶¶ [0004], [0026], [0028] and [0047]}.
Regarding claim 39, the combination of Dussault et al ‘074 and CIGOLINI ‘673 disclose and teach the machine of claim 29, Dussault et al ‘074 disclose wherein the single serving of the beverage is a single serving of chilled coffee, and the refrigerant is a two-phase refrigerant {see ¶¶ [0003-0008], [0011] and [0022]}.
Regarding claim 40, Dussault et al ‘074 disclose a machine (50) for brewing and cooling a single serving of a beverage (coffee), the machine comprising: a water heating system (12) configured to heat water (11) in a first brewing line (15) upstream of a recess (57) of the machine, the recess being sized to receive a pod (71) containing ingredients for providing the brewed and cooled beverage {as shown in Figs. 1, 5A and 7A: ¶¶ [0011], [0021-0023] and [0048-0050]}; a brewing system (BREW) configured to flow the heated water from the first brewing line through ingredients within the pod to brew the beverage when the pod is in the recess {as shown in Figs. 1, 5A and 7A: ¶¶ [0021-0023] and [0048-0050]}; a beverage cooling system (COOL) configured to cool the brewed beverage in a cooling container (57) before the brewed beverage is dispensed from the machine {as shown in Figs. 1, 5A and 7A: ¶¶ [0021-0023] and [0048-0050]}, the beverage cooling system comprising: an evaporator (24) having one or more channels that are disposed in the cooling container sized (80) to receive the brewed beverage from a second brewing line of the brewing system downstream of the recess of the machine; and a compressor (21) operable to flow a refrigerant through the one or more channels to exchange heat from the brewed beverage to the refrigerant to cool the brewed beverage when the brewed beverage is in the cooling container {see ¶¶ [0023] and [0030-0034]}; a heat exchanger (18) thermally connected to the water heating system and the beverage cooling system for transferring thermal energy between the first brewing line upstream of the recess and the second brewing line downstream of the recess {as shown in Fig. 1: ¶¶ {0022-0023] and [0026]}; and a paddle (85) operable to mix the brewed beverage while the beverage cooling system cools the brewed beverage to produce the cooled beverage {as shown in Fig. 8C: ¶ [0051]}.
However, Dussault et al. ‘074 fail to disclose the limitations of the evaporator having one or more channels that are disposed outward of the cooling container.
CIGOLINI ‘673: teaches the concept of the evaporator (19/ or 20) having one or more channels that are disposed outward of the cooling container (11) {see Fig. 1: Description}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Dussault et al. ‘074 in view of CIGOLINI ‘673 to include the configuration of the evaporator having one or more channels that are disposed outward of the cooling container, in order to facilitate indirect thermal contact with foodstuffs {CIGOLINI ‘673 – abstract}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the Dussault et al. ‘074 in view of CIGOLINI ‘673 to obtain the invention as specified in claim 40.
Regarding claim 47, the combination of Dussault et al ‘074 and CIGOLINI ‘673 disclose and teach the machine of claim 40, Dussault et al ‘074 disclose wherein the machine is operable to dispense the single serving of the brewed and cooled beverage directly into a cup or a container after the machine cools the single serving of the brewed beverage {as shown in Fig. 1: ¶¶ [0011] and [0022]}.
Regarding claim 48, the combination of Dussault et al ‘074 and CIGOLINI ‘673 disclose and teach the machine of claim 40, Dussault et al ‘074 disclose wherein the single serving of the beverage is a single serving of chilled coffee {see ¶¶ [0003-0008], [0011] and [0022]}.
Regarding claim 57, the combination of Dussault et al ‘074 and CIGOLINI ‘673 disclose and teach the machine of claim 29, Dussault et al ‘074 as modified by CIGOLINI ‘673 further teaches the limitations wherein the one or more channels extend around an exterior of the cooling container {see Fig. 1: Description}.
Regarding claim 58, the combination of Dussault et al ‘074 and CIGOLINI ‘673 disclose and teach the machine of claim 57, Dussault et al ‘074 as modified by CIGOLINI ‘673 further teaches the limitations wherein the one or more channels extend longitudinally on the exterior of the cooling container {see Fig. 1: Description}.
Regarding claim 59, the combination of Dussault et al ‘074 and CIGOLINI ‘673 disclose and teach the machine of claim 40, Dussault et al ‘074 as modified by CIGOLINI ‘673 further teaches the limitations wherein the one or more channels extend around an exterior of the cooling container {see Fig. 1: Description}.
Regarding claim 60, the combination of Dussault et al ‘074 and CIGOLINI ‘673 disclose and teach the machine of claim 59, Dussault et al ‘074 as modified by CIGOLINI ‘673 further teaches the limitations wherein the one or more channels extend longitudinally on the exterior of the cooling container {see Fig. 1: Description}.
Regarding claim 61, the combination of Dussault et al ‘074 and CIGOLINI ‘673 disclose and teach the machine of claim 49, Dussault et al ‘074 as modified by CIGOLINI ‘673 further teaches the limitations wherein the one or more channels extend around an exterior of the cooling container {see Fig. 1: Description}.
Regarding claim 62, the combination of Dussault et al ‘074 and CIGOLINI ‘673 disclose and teach the machine of claim 61, Dussault et al ‘074 as modified by CIGOLINI ‘673 further teaches the limitations wherein the one or more channels extend longitudinally on the exterior of the cooling container {see Fig. 1: Description}.
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Response to Arguments
3. Applicant's arguments, see pages 8-10, filed 10/06/2025, with respect to the rejection(s) of claim(s) 29-32, 37-40 and 47-56 under 35 USC § 102(b) have been fully considered but are moot in view of the new ground(s) of rejection as detailed above.
Conclusion
4. Applicant's amendment necessitated the new grounds of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL E DUKE whose telephone number is (571)270-5290. The examiner can normally be reached on Monday thru Friday; 6:00 AM to 2:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FRANTZ JULES can be reached on (571)272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMMANUEL E DUKE/
Primary Examiner, Art Unit 3763
10/12/2025