DETAILED CORRESPONDENCE
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 .
Allowable Subject Matter
Claims 9-11, 15, and 19 are allowed.
Response to Arguments
Where applicant argues that the prior art does not penetrate the capsule at the bottom, this is not persuasive because the prior art, like the present invention, shows a similar structure having spikes below the capsule.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-8, 12, 14, 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nello (EP2090204B1)
In reference to claim 1, Nello discloses a capsule-holder device for a beverage preparation machine (see figures and description thereof) comprising an axially hollow annular supporting body having a central axis, the supporting body having a peripheral wall with an upper edge and a lower edge, the peripheral wall of the supporting body having a lateral attachment for fixing a handle and coupling means, suitable for coupling with a hot-water dispensing unit of the beverage preparation machine at least following an angular movement of the supporting body about the respective central axis (see figure 4, portion copied below);
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wherein within the supporting body a receiving assembly is mounted, having a respective central axis substantially coinciding with the central axis of the supporting body, the receiving assembly including a cup-shaped container body which has a respective peripheral wall and a bottom, which define a chamber able to receive a capsule, the bottom of the container body having at least one outlet duct, (see figure 7 copied below),
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wherein at the bottom of the container body a lower perforation arrangement is provided, able to cause perforation of an outlet wall of a capsule contained in the chamber, the lower perforation arrangement comprising a plurality of tips, preferably arranged according to at least one circumference substantially concentric to the axis of the receiving unit, (see figure 3-11, portion copied below),
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wherein the tips are borne by a disk-shaped support which is mounted in an angularly rotatable way inside the chamber, for rotating about the central axis of the receiving assembly (see figure 3, 7, 8 at element 41).
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(see figure 3, 7, 8 at element 41).
In reference to claim 2 the cited prior art discloses the invention as in claim 1.
See figure 7 at 41. Compare to illustration of same feature is present application.
In reference to claim 3-4 the cited prior art discloses the invention as in claim 1.
See figure 3 (portion shown below). Compare to illustration of same feature is present application.
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In reference to claim 5 the cited prior art discloses the invention as in claim 1.
See figure 3. Compare to illustration of same feature is present application.
In reference to claim 6-7 the cited prior art discloses the invention as in claim 1.
See figure 3. Compare to illustration of same feature is present application.
In reference to claim 8 and 12 the cited prior art discloses the invention as in claim 1.
See Fig 7-8 at element 19.
In reference to claim 14 and 18 the cited prior art discloses the invention as in claim 1.
See Fig 17 at element 59.
Claim(s) 1-8, 12, 14, 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN004 (CN201469004U)
In reference to claim 1, CN004 discloses a capsule-holder device for a beverage preparation machine. comprising an axially hollow annular supporting body having a central axis, the supporting body having a peripheral wall with an upper edge and a lower edge, the peripheral wall of the supporting body having a lateral attachment for fixing a handle and coupling means, suitable for coupling with a hot-water dispensing unit of the beverage preparation machine at least following an angular movement of the supporting body about the respective central axis (see figures a description thereof, portion copied below
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),
wherein within the supporting body a receiving assembly is mounted, having a respective central axis substantially coinciding with the central axis of the supporting body, the receiving assembly including a cup-shaped container body which has a respective peripheral wall and a bottom, which define a chamber able to receive a capsule, the bottom of the container body having at least one outlet duct (figures copied above),
wherein at the bottom of the container body a lower perforation arrangement is provided, able to cause perforation of an outlet wall of a capsule contained in the chamber, the lower perforation arrangement comprising a plurality of tips, preferably arranged according to at least one circumference substantially concentric to the axis of the receiving unit (figure copied above),
wherein the tips are borne by a disk-shaped support which is mounted in an angularly rotatable way inside the chamber, for rotating about the central axis of the receiving assembly (figures copied above and below shows the perforation arrangement is provided by a disk-shaped support inside the chamber
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).
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figures copied above and below shows the perforation arrangement is provided as claimed
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).
In reference to claim 2 the cited prior art discloses the invention as in claim 1.
See figures copied below and see figures in reference.
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In reference to claim 3-4 the cited prior art discloses the invention as in claim 1.
Fig 3 of CN004 shows the disk seated in the receiving assembly. This would at least interfere with axial movement by friction.
In reference to claim 5 the cited prior art discloses the invention as in claim 1.
See fig 2.
In reference to claim 6-7 the cited prior art discloses the invention as in claim 1.
See figures, copied above, which shows a flange protruding radially outwards, the flange having a peripheral face in which a seat is defined, suitable for a first annular sealing element.
In reference to claim 8 the cited prior art discloses the invention as in claim 1.
See Fig 1.
In reference to claim 12 the cited prior art discloses the invention as in claim 1.
See figures, copied above, which shows the receiving assembly is constrained into the supporting body by mechanical interference.
In reference to claim 14 and 18 the cited prior art discloses the invention as in claim 1.
See Fig 2 and 5.
Claim(s) 1-8 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fond (US 5762987 A)
In reference to claim 1, Fond discloses a capsule-holder device for a beverage preparation machine. comprising an axially hollow annular supporting body having a central axis, the supporting body having a peripheral wall with an upper edge and a lower edge, the peripheral wall of the supporting body having a lateral attachment for fixing a handle and coupling means, suitable for coupling with a hot-water dispensing unit of the beverage preparation machine at least following an angular movement of the supporting body about the respective central axis, (Fig 1)
wherein within the supporting body a receiving assembly is mounted, having a respective central axis substantially coinciding with the central axis of the supporting body, the receiving assembly including a cup-shaped container body which has a respective peripheral wall and a bottom, which define a chamber able to receive a capsule, the bottom of the container body having at least one outlet duct, (Fig 1, the supporting body 4 comprises a receiving assembly 15 for receiving a capsule, cartridge or a sachet)
wherein at the bottom of the container body a lower perforation arrangement is provided, able to cause perforation of an outlet wall of a capsule contained in the chamber, the lower perforation arrangement comprising a plurality of tips, preferably arranged according to at least one circumference substantially concentric to the axis of the receiving unit, (Fig 1-4)
wherein the tips are borne by a disk-shaped support which is mounted in an angularly rotatable way inside the chamber, for rotating about the central axis of the receiving assembly (Fig 1-4 shows a structure that would enable rotation of the disk)
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(Fig 1)
In reference to claim 2 the cited prior art discloses the invention as in claim 1.
See Fig 1 and 4.
In reference to claim 3-4 the cited prior art discloses the invention as in claim 1.
See Fig 4.
In reference to claim 5 the cited prior art discloses the invention as in claim 1.
See fig 4.
In reference to claim 6-7 the cited prior art discloses the invention as in claim 1.
See Fig 1.
In reference to claim 8 the cited prior art discloses the invention as in claim 1.
See Fig 1.
In reference to claim 12 the cited prior art discloses the invention as in claim 1.
See Fig 1 and 4.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 13 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nello (EP2090204B1) in view of Denisart (US 20130133522 A1)
In reference to claim 13 and 17 the cited prior art discloses the invention as in claim 1.
Nello does not display a variety of adapters for different coffee pods.
Denisart, in the same field, teaches and demonstrates that portafilters and coffee apparatuses can be adapted for different sizes of coffee pods and capsules by providing a variety of adapters, assemblies, and holders such that each independently or interchangeably can provide functionality of using different sized pods (e.g., “present invention allows a consumer to use a different kind of capsules or pods” [P0013]; and,
“The adapting device according to the present invention can be provided to a consumer in the form of a kit of parts, the said kit comprising in the same package an adapting device as well as one or more capsules or pods of one type, or of several different types, so that the consumer can choose in the said package which capsule or pod he needs, and use it into the capsule holder of his food preparation machine by adapting the insert appropriately. In case several adapting devices are needed, to adapt to various capsule or pod configurations, the kit can comprise a series of inserts, each dedicated to one type of capsule or pod.” [P0089])
Therefore, it would have been obvious to one of ordinary skill in the art with a reasonable expectation of success before the effective filing date of the claimed invention to provide a kit with the device and comprising at least one of:
a capsule-holder device according to claim 7, and a plurality of said respective annular scaling elements having different heights or thicknesses, which are replaceable with respect to the corresponding seat defined in the upper surface of the flange of the container body;
a plurality of capsule-holder devices according to claim 7, differentiated from each other by the height or thickness of said respective annular sealing element;
the capsule-holder device according to claim 7, and a plurality of said receiving units, which are replaceable with respect to one and the same said supporting body and which are differentiated from each other in terms of height or thickness of said corresponding annular scaling element.
Claim 13 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nello (EP2090204B1) in view of Wahhas (US 20230210300 A1)
In reference to claim 13 and 17 the cited prior art discloses the invention as in claim 1.
Nello does not display a variety of adapters for different coffee pods.
Wahhas, in the same field, teaches and demonstrates that portafilters and coffee apparatuses can be adapted for different sizes of coffee pods and capsules by providing a adapters, assemblies, and holders such that each independently or interchangeably can provide functionality of using different sized pods (e.g., “However, the NESPRESSO® cartridge 30 is smaller in both diameter and height than the K-CUP® cartridge 30, which is placed directly within the portafilter receptacle 18 as described hereinabove and illustrated in FIGS. 1-3 . Thus, the insert 74 of this second exemplary embodiment of the multi-use portafilter 10 of the present invention is configured and operable to accommodate the smaller size NESPRESSO® cartridge 30 within the portafilter 10.” [P0028])
Therefore, it would have been obvious to one of ordinary skill in the art with a reasonable expectation of success before the effective filing date of the claimed invention to provide a kit with the device and comprising at least one of:
a capsule-holder device according to claim 7, and a plurality of said respective annular scaling elements having different heights or thicknesses, which are replaceable with respect to the corresponding seat defined in the upper surface of the flange of the container body;
a plurality of capsule-holder devices according to claim 7, differentiated from each other by the height or thickness of said respective annular sealing element;
the capsule-holder device according to claim 7, and a plurality of said receiving units, which are replaceable with respect to one and the same said supporting body and which are differentiated from each other in terms of height or thickness of said corresponding annular scaling element.
Claim 13 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN004 (CN201469004U) in view of Denisart (US 20130133522 A1)
In reference to claim 13 and 17 the cited prior art discloses the invention as in claim 1.
CN004 does not display a variety of adapters for different coffee pods.
Denisart, in the same field, teaches and demonstrates that portafilters and coffee apparatuses can be adapted for different sizes of coffee pods and capsules by providing a variety of adapters, assemblies, and holders such that each independently or interchangeably can provide functionality of using different sized pods (e.g., “present invention allows a consumer to use a different kind of capsules or pods” [P0013]; and,
“The adapting device according to the present invention can be provided to a consumer in the form of a kit of parts, the said kit comprising in the same package an adapting device as well as one or more capsules or pods of one type, or of several different types, so that the consumer can choose in the said package which capsule or pod he needs, and use it into the capsule holder of his food preparation machine by adapting the insert appropriately. In case several adapting devices are needed, to adapt to various capsule or pod configurations, the kit can comprise a series of inserts, each dedicated to one type of capsule or pod.” [P0089])
Therefore, it would have been obvious to one of ordinary skill in the art with a reasonable expectation of success before the effective filing date of the claimed invention to provide a kit with the device and comprising at least one of:
a capsule-holder device according to claim 7, and a plurality of said respective annular scaling elements having different heights or thicknesses, which are replaceable with respect to the corresponding seat defined in the upper surface of the flange of the container body;
a plurality of capsule-holder devices according to claim 7, differentiated from each other by the height or thickness of said respective annular sealing element;
the capsule-holder device according to claim 7, and a plurality of said receiving units, which are replaceable with respect to one and the same said supporting body and which are differentiated from each other in terms of height or thickness of said corresponding annular scaling element.
Claim 13 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN004 (CN201469004U) in view of Wahhas (US 20230210300 A1)
In reference to claim 13 and 17 the cited prior art discloses the invention as in claim 1.
CN004 does not display a variety of adapters for different coffee pods.
Wahhas, in the same field, teaches and demonstrates that portafilters and coffee apparatuses can be adapted for different sizes of coffee pods and capsules by providing a adapters, assemblies, and holders such that each independently or interchangeably can provide functionality of using different sized pods (e.g., “However, the NESPRESSO® cartridge 30 is smaller in both diameter and height than the K-CUP® cartridge 30, which is placed directly within the portafilter receptacle 18 as described hereinabove and illustrated in FIGS. 1-3 . Thus, the insert 74 of this second exemplary embodiment of the multi-use portafilter 10 of the present invention is configured and operable to accommodate the smaller size NESPRESSO® cartridge 30 within the portafilter 10.” [P0028])
Therefore, it would have been obvious to one of ordinary skill in the art with a reasonable expectation of success before the effective filing date of the claimed invention to provide a kit with the device and comprising at least one of:
a capsule-holder device according to claim 7, and a plurality of said respective annular scaling elements having different heights or thicknesses, which are replaceable with respect to the corresponding seat defined in the upper surface of the flange of the container body;
a plurality of capsule-holder devices according to claim 7, differentiated from each other by the height or thickness of said respective annular sealing element;
the capsule-holder device according to claim 7, and a plurality of said receiving units, which are replaceable with respect to one and the same said supporting body and which are differentiated from each other in terms of height or thickness of said corresponding annular scaling element.
Claim 13 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fond (US 5762987 A) in view of Denisart (US 20130133522 A1)
In reference to claim 13 and 17 the cited prior art discloses the invention as in claim 1.
Fond does not display a variety of adapters for different coffee pods.
Denisart, in the same field, teaches and demonstrates that portafilters and coffee apparatuses can be adapted for different sizes of coffee pods and capsules by providing a variety of adapters, assemblies, and holders such that each independently or interchangeably can provide functionality of using different sized pods (e.g., “present invention allows a consumer to use a different kind of capsules or pods” [P0013]; and,
“The adapting device according to the present invention can be provided to a consumer in the form of a kit of parts, the said kit comprising in the same package an adapting device as well as one or more capsules or pods of one type, or of several different types, so that the consumer can choose in the said package which capsule or pod he needs, and use it into the capsule holder of his food preparation machine by adapting the insert appropriately. In case several adapting devices are needed, to adapt to various capsule or pod configurations, the kit can comprise a series of inserts, each dedicated to one type of capsule or pod.” [P0089])
Therefore, it would have been obvious to one of ordinary skill in the art with a reasonable expectation of success before the effective filing date of the claimed invention to provide a kit with the device and comprising at least one of:
a capsule-holder device according to claim 7, and a plurality of said respective annular scaling elements having different heights or thicknesses, which are replaceable with respect to the corresponding seat defined in the upper surface of the flange of the container body;
a plurality of capsule-holder devices according to claim 7, differentiated from each other by the height or thickness of said respective annular sealing element;
the capsule-holder device according to claim 7, and a plurality of said receiving units, which are replaceable with respect to one and the same said supporting body and which are differentiated from each other in terms of height or thickness of said corresponding annular scaling element.
Claim 13 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fond (US 5762987 A) in view of Wahhas (US 20230210300 A1)
In reference to claim 13 and 17 the cited prior art discloses the invention as in claim 1.
Fond does not display a variety of adapters for different coffee pods.
Wahhas, in the same field, teaches and demonstrates that portafilters and coffee apparatuses can be adapted for different sizes of coffee pods and capsules by providing a adapters, assemblies, and holders such that each independently or interchangeably can provide functionality of using different sized pods (e.g., “However, the NESPRESSO® cartridge 30 is smaller in both diameter and height than the K-CUP® cartridge 30, which is placed directly within the portafilter receptacle 18 as described hereinabove and illustrated in FIGS. 1-3 . Thus, the insert 74 of this second exemplary embodiment of the multi-use portafilter 10 of the present invention is configured and operable to accommodate the smaller size NESPRESSO® cartridge 30 within the portafilter 10.” [P0028])
Therefore, it would have been obvious to one of ordinary skill in the art with a reasonable expectation of success before the effective filing date of the claimed invention to provide a kit with the device and comprising at least one of:
a capsule-holder device according to claim 7, and a plurality of said respective annular scaling elements having different heights or thicknesses, which are replaceable with respect to the corresponding seat defined in the upper surface of the flange of the container body;
a plurality of capsule-holder devices according to claim 7, differentiated from each other by the height or thickness of said respective annular sealing element;
the capsule-holder device according to claim 7, and a plurality of said receiving units, which are replaceable with respect to one and the same said supporting body and which are differentiated from each other in terms of height or thickness of said corresponding annular scaling element.
Conclusion
Applicant's amendment necessitated the new ground(s) 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 8464632: Integrated cartridge for extracting a beverage and a specialized cartridge designed for improved brewing through optimal extraction of particulates.
US 10518965: Coffee capsule and system for producing a coffee extract describing the system's interaction between the capsule's structure and the machine's brewing parameters.
US 10870531: Portion capsule having an identifier and a system for capsule identification, such as a barcode reader in the machine that adjusts brewing parameters based on the specific capsule, often used to limit third-party compatibility.
US 11667465: Portion capsule having an identifier and on using biodegradable materials while maintaining barcode recognition for personalized brewing.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS KRASNOW whose telephone number is (571)270-1154. The examiner can normally be reached M-R: 8am-5pm.
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.
Examiner has utilized USPTO approved search resources, such as EIC or external tools, beyond routine search tools and/or leveraged experts in the field. Examiner has cited and explained the relevance of prior art not used in rejections but pertinent to the claims or disclosure. Examiner has provided detailed search documentation through detailed Search Notes, such as annotated search results that identify which data sets were reviewed. When citing the prior art examiner has used annotations clearly in prior art rejections such as, using item-to-item matching to the prior art, pairing exact claim language to particular language used in the prior art, and/or clearly explaining examiner’s interpretation as to how a citation maps to claim language especially when there is not a one-to-one matching of terms.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xiao Zhao can be reached on 571-270-5343. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS KRASNOW/Examiner, Art Unit 1744
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