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 .
Drawings
The drawings are objected to under 37 CFR 1.84(b) because Figure 4 includes the use of a photograph. Photographs are not ordinarily permitted in utility applications, and are only accepted when the if photographs are the only practicable medium for illustrating the claimed invention. Figure 1 of Prefontaine (US Pub. 2015/0110935), provides evidence that a photograph is not the only practicable medium to illustrate the claimed inventions, therefore the photograph of Figure 4 must be replaced with an acceptable line drawing. See 37 CFR 1.84(b)(1).
The drawings are objected to failing to comply with 7 CFR 1.84(m) because the use of shading in Figures 3a, 3b, 3c only obscures the claimed elements. Specifically, the use of shading in Figures 3a, 3b, 3c reduces legibility of the claimed elements in the drawing, and fails to provide aide in understanding the invention. See 37 CFR 1.84(m).
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Regarding Figure 5, the water supply branch, identified by reference number (10), points to a blank space in the water supply circuit (3). Therefore, the water supply branch (10) of Figure 5 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 21 and 31 are objected to because of the following informalities: Claims 21 and 31 have the claim limitation "designed configured to", where the claim should either read "designed to" or "configured to". Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: brewing assembly in claims 21 through 28, and 31 through 33, and 35 through 39; flow rate regulation system in claims 21, 22, 24, 26, 27, 30, 31, 32, 35, 36, 38, 40; and electronic control unit in claims 21, 22, 24, 26, 27, 29, 31, 32, 34, 35, 36, 38.
Brewing Assembly
Prong (A) is invoked by the clam reciting the generic placeholder “assembly”.
Prong (B) is satisfied because “assembly” is modified by the language “to produce a beverage by brewing a brewing substance with a brewing liquid”.
Under Prong (C), the corresponding structure provided in the disclosure for performing the claimed brewing assembly comprises “a pressurized hot water dispenser (6) in the form of a shower head or a sprinkler, and a filter holder (7) with one or more espresso coffee dispensing nozzles (8) and adapted to contain, in use, coffee powder to be brewed with pressurized hot water to prepare espresso coffee and to be manually couplable, in use, to the pressurized hot water dispenser (6) to receive pressurized hot water therefrom” (Spec pg. 10, lines 1 through 6).
Regulation system
Prong (A) is invoked by the claim reciting the generic placeholder “system”.
Prong (B) is satisfied because “system” is modified by the language “to regulate a flow rate of a brewing liquid supplied to the brewing assembly”.
Under Prong (C), the corresponding structure provided in the disclosure for performing the claimed flow rate regulation is a solenoid valve to regulate the flow rate of the brewing liquid supplied to the brewing assembly (Spec pg. 3, lines 10 through 12).
Control unit
Prong (A) is invoked by the claim reciting the generic placeholder “unit”.
Prong B is satisfied because “unit” is modified by the language “to control operation of the beverage preparation machine …”.
Under Prong (C), the corresponding structure provided in the disclosure is “an electronic control unit (5) to control the operation of the professional espresso machine 1 in response to beverage user-selections” (Spec pg. 9, lines 32 through 33), as well as being “electrically connected to the water flow meters (13) to receive therefrom electrical signals indicative of the water flow rates in the respective water inlet branches (10) (Spec pg. 11, lines 1 through 3), and “programmed to store functional data required to control each water flow rate regulating solenoid valve (11)” as well as “control each water flow rate regulating solenoid valve (11) during a beverage preparation cycle” (Spec pg. 11, lines 7 through 16). Additionally, the electronic control unit is programmed to determine and control various temperature, pressure, and water flow rates; as well as compute the variations over time to determine when certain predefined thresholds for the parameters have been reached (Spec pg. 7, lines 13 through 18; Spec pg. 13, lines 10 through 22). Therefore, the interpretation of the “electronic control unit” is an electronic device capable of controlling a beverage preparation machine, where the electronic control unit is electrically connected to flow meters and flow rate regulating valves, and the electronic control unit is programmed to determine, compute, and control the valves of the brewing machine in response to readings provided by the flow meters based on predefined characteristics required for beverages prepared by the machine.
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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 21, 23, 24, 25, 26, 28, 31, 33, 35, 37, 38, and 39, are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 21, 23, 31, and 33 recite a first predefined characteristic; Claims 24, 25, 35, and 37 recite a second predefined characteristic; and Claims 26, 28, 38, and 39 recite a third predefined characteristic for the brewing liquid flow rate. The disclosure fails to provide how the predefined characteristics for the variables of water flow and pressure are calculated or determined, as well as how the variables are used to determine an acceptable maximum value, a minimum value, and range.
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 21, 23, 24, 25, 26, 28, 31, 33, 35, 37, 38, and 39, are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor a joint inventor, or for pre-AIA the applicant regards as the invention.
Claims 21, 23, 31, and 33 recite a first predefined characteristic; Claims 24, 25, 35, and 37 recite a second predefined characteristic; and Claims 26, 28, 38, and 39 recite a third predefined characteristic for the brewing liquid flow rate. The claims listed fail to provide what specific characteristics define a first, second, and third predefined characteristic, or how the predefined characteristics are determined for their use by the electronic control unit. Therefore, the scope of the claim is indefinite.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21, 30, 31, and 40 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over independent claim 1 of co-pending Application No. 17/625,956.
This table shows a side-by-side comparison of the claims from the application No. 18/551,734 to the co-pending application 17/625,956. The table below underlines the similarities between the two claim sets.
Current 18/551,734
Co-Pending 17/625,956
21. A beverage preparation machine, comprising: at least a brewing assembly to produce a beverage by brewing a brewing substance with a brewing liquid; a brewing liquid supply circuit to supply a brewing liquid to the brewing assembly; and an electronic control unit to control operation of the beverage preparation machine;
wherein the brewing assembly comprises: a brewing liquid dispenser to dispense a brewing liquid; and a filter holder with one or more beverage dispensing nozzles, internally defining a brewing chamber fillable with a brewing substance to be brewed with the brewing liquid to prepare the beverage, and manually coupleable to the brewing liquid dispenser to receive the brewing liquid therefrom;
wherein the brewing liquid supply circuit comprises: a brewing liquid flow rate regulation system to regulate a flow rate of a brewing liquid supplied to the brewing assembly; and a brewing liquid flow meter to measure, and output an electrical output indicative of, a quantity indicative of an amount of brewing liquid supplied to the brewing assembly; wherein the electronic control unit is designed to communicate with the brewing liquid flow meter to receive the electrical output thereof, and with the brewing liquid flow rate regulation system to provide an electrical command thereto; wherein the electronic control unit is further designed configured to:
store functional data required to control the brewing liquid flow rate regulation system during a beverage preparation cycle and such as to allow the existence of one or different predefined characteristics of the brewing liquid flow rate supplied to the brewing assembly during a beverage preparation cycle to be determined;
and control the brewing liquid flow rate regulation system during a beverage preparation cycle based on the stored functional data and on the electric output of the brewing liquid flow meter so as to carry out a step of pre-brewing the brewing substance in the brewing chamber with the brewing liquid, followed by a step of pressurising the brewing chamber and a subsequent step of brewing the brewing substance in the brewing chamber with the brewing liquid; wherein the electronic control unit is further designed to carry out the step of pressurising the brewing chamber by: controlling the brewing liquid flow rate regulation system so as to cause the brewing liquid flow rate supplied to the brewing assembly to increase; determining, based on the electric output of the brewing liquid flow meter, whether the brewing liquid flow rate supplied to the brewing assembly assumes one or different first predefined characteristics indicative of the existence of a condition of proper filling of the brewing chamber with the brewing liquid; and when it is determined that the flow rate of the brewing liquid supplied to the brewing assembly assumes the one or different first predefined characteristics, keeping the brewing liquid flow rate regulation system in a predefined steady operating state.
1. A beverage preparation machine (1) comprising: - at least a brewing assembly (2) configured to brew a beverage from a brewing substance with a brewing liquid; - a brewing liquid supply circuit (3) to supply a brewing liquid to the brewing assembly (2); and - an electronic control unit (5) to control operation of the beverage preparation machine (1);
the brewing liquid supply circuit (3) comprises: - a brewing liquid flow rate regulation solenoid valve (11) to regulate the flow rate of the brewing liquid supplied to the brewing assembly (2); and - a brewing liquid flow meter (13) to measure, and output an electrical output indicative of, a quantity indicative of an amount of brewing liquid supplied to the brewing assembly (2); the electronic control unit (5) is electrically connected to the brewing liquid flow meter (13) to receive the electrical output therefrom, and to the brewing liquid flow rate regulation solenoid valve (11) to provide an electrical command thereto; the electronic control unit (5) is configured to:
- store data representative of at least a target brewing liquid flow rate profile (FRP) indicative of a time development of a brewing liquid flow rate that is intended to be supplied to the brewing assembly (2) during a beverage preparation cycle;
and - closed-loop control the brewing liquid flow rate regulation solenoid valve (11) based on the electrical output of the brewing liquid flow meter (13) and on the target brewing liquid flow rate profile (FRP) to cause the current brewing liquid flow rate supplied to the brewing assembly (2) to follow the target brewing liquid flow rate profile (FRP); characterised in that the target brewing liquid flow rate profile (FRP) is designed to cause the brewing liquid flow rate regulation solenoid valve (11) to be controlled so as to carry out at least a brewing substance pre-infusion step having a pre-infusion duration (D1) and during which the current brewing liquid flow rate supplied to the brewing assembly (2) follows a pre-infusion flow rate profile, followed by at least a brewing substance infusion step having an infusion duration (D2) and during which the current brewing liquid flow rate supplied to the brewing assembly (2) follows an infusion flow rate profile, whereby switching from the brewing substance pre-infusion step to the brewing substance infusion step occurs on a time basis.
30. The beverage preparation machine of claim 21, wherein the brewing liquid flow rate regulation system comprises an electronically-controllable flow rate regulation solenoid valve or an electronically-controllable variable-speed supply pump.
1. … the brewing liquid supply circuit (3) comprises: - a brewing liquid flow rate regulation solenoid valve (11) to regulate the flow rate of the brewing liquid supplied to the brewing assembly (2)…
31. A beverage preparation machine, comprising: at least a brewing assembly to produce a beverage by brewing a brewing substance with a brewing liquid; a brewing liquid supply circuit to supply a brewing liquid to the brewing assembly; and an electronic control unit to control operation of the beverage preparation machine;
wherein the brewing assembly comprises: a brewing liquid dispenser to dispense a brewing liquid; and a filter holder with one or more beverage dispensing nozzles, internally defining a brewing chamber fillable with a brewing substance to be brewed with the brewing liquid to prepare the beverage, and manually coupleable to the brewing liquid dispenser to receive the brewing liquid therefrom;
wherein the brewing liquid supply circuit comprises: a brewing liquid flow rate regulation system to regulate a flow rate of a brewing liquid supplied to the brewing assembly; and a brewing liquid flow meter to measure, and output an electrical output indicative of, a quantity indicative of an amount of brewing liquid supplied to the brewing assembly; wherein the electronic control unit is designed to communicate with the brewing liquid flow meter to receive the electrical output thereof, and with the brewing liquid flow rate regulation system to provide an electrical command thereto; wherein the electronic control unit is further designed configured to:
store functional data required to control the brewing liquid flow rate regulation system during a beverage preparation cycle and such as to allow the existence of one or different predefined characteristics of the brewing liquid flow rate supplied to the brewing assembly during a beverage preparation cycle to be determined;
and control the brewing liquid flow rate regulation system during a beverage preparation cycle based on the stored functional data and on the electric output of the brewing liquid flow meter so as to carry out a step of pre-brewing the brewing substance in the brewing chamber with the brewing liquid, followed by a step of pressurising the brewing chamber and a subsequent step of brewing the brewing substance in the brewing chamber with the brewing liquid; wherein the electronic control unit is further designed to carry out the step of brewing the brewing substance in the brewing chamber with the brewing liquid by implementing a controlled brewing liquid flow rate brewing mode comprising: controlling the brewing liquid flow rate regulation system to oppose a natural tendency of the brewing liquid flow rate supplied to the brewing assembly to increase; determining, based on the electric output of the brewing liquid flow meter, whether the brewing liquid flow rate supplied to the brewing assembly assumes one or different first predefined characteristics indicative of the brewing liquid flow rate supplied to the brewing assembly having been substantially steadied; when it is determined that the flow rate of the brewing liquid supplied to the brewing assembly assumes the one or more first predefined characteristics, closed- loop controlling the brewing liquid flow rate regulation system based on the electric output of the brewing liquid flow meter so as to keep the steadied brewing liquid flow rate supplied to the brewing assembly.
1. A beverage preparation machine (1) comprising: - at least a brewing assembly (2) configured to brew a beverage from a brewing substance with a brewing liquid; - a brewing liquid supply circuit (3) to supply a brewing liquid to the brewing assembly (2); and - an electronic control unit (5) to control operation of the beverage preparation machine (1);
the brewing liquid supply circuit (3) comprises: - a brewing liquid flow rate regulation solenoid valve (11) to regulate the flow rate of the brewing liquid supplied to the brewing assembly (2); and - a brewing liquid flow meter (13) to measure, and output an electrical output indicative of, a quantity indicative of an amount of brewing liquid supplied to the brewing assembly (2); the electronic control unit (5) is electrically connected to the brewing liquid flow meter (13) to receive the electrical output therefrom, and to the brewing liquid flow rate regulation solenoid valve (11) to provide an electrical command thereto; the electronic control unit (5) is configured to:
- store data representative of at least a target brewing liquid flow rate profile (FRP) indicative of a time development of a brewing liquid flow rate that is intended to be supplied to the brewing assembly (2) during a beverage preparation cycle;
and - closed-loop control the brewing liquid flow rate regulation solenoid valve (11) based on the electrical output of the brewing liquid flow meter (13) and on the target brewing liquid flow rate profile (FRP) to cause the current brewing liquid flow rate supplied to the brewing assembly (2) to follow the target brewing liquid flow rate profile (FRP); characterised in that the target brewing liquid flow rate profile (FRP) is designed to cause the brewing liquid flow rate regulation solenoid valve (11) to be controlled so as to carry out at least a brewing substance pre-infusion step having a pre-infusion duration (D1) and during which the current brewing liquid flow rate supplied to the brewing assembly (2) follows a pre-infusion flow rate profile, followed by at least a brewing substance infusion step having an infusion duration (D2) and during which the current brewing liquid flow rate supplied to the brewing assembly (2) follows an infusion flow rate profile, whereby switching from the brewing substance pre-infusion step to the brewing substance infusion step occurs on a time basis.
40. The beverage preparation machine of claim 31, wherein the brewing liquid flow rate regulation system comprises an electronically-controllable flow rate regulation solenoid valve or an electronically-controllable variable-speed supply pump.
1. … the brewing liquid supply circuit (3) comprises: - a brewing liquid flow rate regulation solenoid valve (11) to regulate the flow rate of the brewing liquid supplied to the brewing assembly (2)…
Claims 21, 30, 31, and 40 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of co-pending U.S. Patent application 17/625,956 in view of Santi (US-20140053734-A1).
Claim 1 of the co-pending application 17/625,956 discloses all of the limitation as discussed above, but fails to disclose that electronic control unit can store data and then be configured to pre-brew the brewing substance in the brewing chamber, then pressurizing the brewing chamber, then brewing the brewing substance with the brewing liquid in the chamber; as well as be configured to control the brewing liquid flow rate regulation system based on predefined characteristics and electrical output from the flow meter. The prior art Santi teaches a hot beverage producing device, where the control means “perform continuous and combined control of the temperature and of the pressure during the operating phase”, and that the control means are capable of adapting the pressure and temperature paraments according to those required by the selected beverage based on date of an extraction profile for the selected beverage ([0037] and [0079]), where the extraction profile contains all the necessary information for the machine to produce the correct beverage ([0079]). Additionally, Santi discloses that the operating cycle comprises suppling/heating the water, pressurizing the water, as well as pre-brewing, brewing, and a dispensing phase for the beverage ([0036]). The operating phase can be broken up into the stage of pre-brewing, extracting, and finally dispensing the beverage ([0054]). Therefore, Claims 21, 30, 31, and 40 of the instant application would be recognized as an obvious variant of Claim 1 of the co-pending application 17/625,956 by one of ordinary skill in the art at the time of the effective filing date of the instant application, as Santi has disclosed the control means that measures and controls the brewing liquid flow rate regulation system of the beverage maker to pre-brew, pressurize/extract, and dispense the requested beverage as determined by predefined characteristics, and would yield only the predictable result of a beverage dispensing machine, where the electronic control unit can be configured to control various stages of the brewing process based on measured inputs and stored predefined characteristics.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claims 21 through 40 are rejected under 35 U.S.C. 103 as being unpatentable over Prefontaine (US-2015/0110935-A1) in view of Santi.
Regarding Claims 21 and 30, Prefontaine teaches (Figures 1 through 4) an espresso machine (200) for brewing a beverage, such as espresso or coffee, that includes a brewing assembly (220, 240) to brew a beverage from a brewing substance and a brewing liquid. The espresso machine further includes a brewing liquid supply circuit (fig 2, water supply (216), pump (226)), and an electronic control unit (208, “processor device” [109]) to control the espresso machine. The brewing assembly includes a brewing liquid dispenser (brew cap assembly (106)), where heated and pressurized water is delivered to the coffee grounds ([0033]). A barista manually attaches a filter assembly (110) to the underside of the brew cap assembly, where espresso is extracted through the filter assembly and out of the machine when heated and pressurized water is forced through the assembly ([0035] and [0036]). Prefontaine further teaches a brew flow rate regulation system that adjusts the brew flow rate during the brewing process for the coffee beverage ((300) ([0013])) as well as flow meters to measure flow rates and volumes during the brewing process, where the electronic processor device monitors the flow rate based on signals generated by the flow meter ([0044] and [0045]). Flow meters are employed to determine, in real time, flow rates and volumes during the various stages of the brewing sequence ([0045]). Additionally, the electronics can automatically shift the flow rates based on predetermined and programmed volumes of water during the espresso brewing process ([0044] and [0045]), allowing the espresso machine to deliver a volume of water to the coffee grounds at a certain brew flow rate, where the brew flow rate can be regulated, adjusted, and otherwise controlled, allowing the espresso machine to brew a beverage ([0041]). The controls for the brew flow rate regulating assembly (236) may include a brew handle (108), where the brew flow rate assembly has controls (208) that control the motors opening and closing the flow regulating solenoid valve ([0060] and [0062]).
Prefontaine does not teach that the electronic control unit is designed to store functional data required to control the brewing liquid flow rate regulation system during a beverage preparation cycle, which allows the existence of one or different predefined characteristics of the brewing liquid flow rate supplied to the brewing assembly during a beverage preparation cycle to be determined; where control of the brewing liquid flow rate regulation system during a beverage preparation cycle is able to carry out a step of pre-brewing the brewing substance in the brewing chamber with the brewing liquid, followed by a step of pressurizing the brewing chamber and a subsequent step of brewing the brewing substance in the brewing chamber with the brewing liquid; wherein the electronic control unit is further designed to carry out the step of pressurizing the brewing chamber by: controlling the brewing liquid flow rate regulation system so as to cause the brewing liquid flow rate supplied to the brewing assembly to increase; determining, based on the electric output of the brewing liquid flow meter, whether the brewing liquid flow rate supplied to the brewing assembly assumes one or different first predefined characteristics indicative of the existence of a condition of proper filling of the brewing chamber with the brewing liquid; and when it is determined that the flow rate of the brewing liquid supplied to the brewing assembly, assume the one or different first predefined characteristics, keeping the brewing liquid flow rate regulation system in a predefined steady operating state.
With regards to Claim 21 and 30, Santi is analogous to Prefontaine because both inventions teach devices for brewing a coffee-based beverage, where different flow rates, temperatures, and pressures are adjusted during each stage of the brewing process to achieve the desired beverages. Specifically, Santi teaches (Figures 1 through 8) a device for producing hot beverages where the operating cycle comprises suppling/heating the water, pressurizing the water, as well as pre-brewing, brewing, and dispensing phase for the beverage ([0036]). The operating phase can be broken up into the stage of pre-brewing, extracting, and finally dispensing the beverage ([0054]), where pre-brewing includes water soaking the coffee powder, where water is supplied at a certain temperature (Tpi) and pressure (Ppi) to the coffee powder container ([0055] and [0058]). The operating phase is controlled by the control means (80), where the at least temperature and pressure are continuously monitored and controlled to ensure optimal extraction for a high-quality beverage ([0071]). The extraction phase further includes sending water at a required temperature (Tes) and pressure (Pes) to the container, where the required temperature and pressure can be dynamic or constant depending on the beverage to be produced ([0059]). The dispensing phase also includes sending water at a required temperature (Ter) and pressure (Per) to the container, where the required temperature and pressure can be constant or dynamic as required by the beverage to be produced ([0060]).
Santi further teaches that the “control means perform continuous and combined control of the temperature and of the pressure during the operating phase”, and that the control means are capable of adapting the pressure and temperature paraments according to those required by the selected beverage based on date of an extraction profile for the selected beverage ([0037] and [0079}), where the extraction profile contains all the necessary information for the machine to produce the correct beverage ([0079]). Santi also teaches that the flow rate for the pumping means (200) can be varied depending on the phase of the operating cycle, as well as the beverage being produced ([0064]). Additionally, Santi teaches that the extraction profiles can be stored on non-volatile memory via a storage means (14) and remotely connectable, such as via Wi-Fi, so that the extraction profiles can be updated or modified ([0085] and [0086]).
In this case, Prefontaine teaches the beverage preparation machine, including the brewing assembly with brewing substance and brewing liquid; the electronic control unit; the liquid dispenser, chamber, and nozzle for the brewing assembly, that manually attaches to the brewing assembly; and the brewing liquid supply circuit that comprises a flow rate regulation system and flow meter that determine in real time flow rates and volumes during the individual stages of the brewing process. Santi teaches that the electronic control unit can be configured to store extraction profiles with data relevant to the beverage to be produced, wherein the electronic control unit can perform individual steps of pre-brewing, extracting/brewing, and dispensing the beverage. Santi also teaches the steps of adapting the pressure and temperature dynamically during the pre-brewing, extracting, and dispensing process to achieve the selected beverage. Santi teaches that the extraction profiles are stored on the machine by a storage means that allow for the machine to have predefined characteristics while brewing a selected drink. Additionally, Santi provides for a pre-brewing phase, an extraction/brewing phase, and a dispensing phase; where the machine can supply different pressures and temperatures to the container during the individual stages of the operating cycle.
As such, an ordinarily skilled artisan before the effective filing date could have combined the espresso machine taught by Prefontaine, and combined it with the beverage machine taught by Santi, to provide a machine that uses output from the flow meter and electronic control unit to control the brewing process of the machine.
Regarding Claim 22, Prefontaine teaches all of the elements of the espresso machine as stated above, but does not teach that the electronic control unit is further designed to cause the brewing liquid flow rate supplied to the brewing assembly to increase during the step of pressurizing the brewing chamber by open-loop controlling the brewing liquid flow rate regulation system.
With Regards to Claim 22, Santi provides that the flow rate can increase during the second phase (brewing/extraction) of the operating cycle according to the beverage being produced.
In this case, an ordinarily skilled artisan before the effective filing date could have combined the espresso machine taught by Prefontaine, and combined it with the beverage machine taught by Santi, to provide a machine that could increase the flow rate during the brewing process of the machine.
Regarding Claim 23, Prefontaine teaches all of the elements of the espresso machine as stated above, but does not teach that the first predefined characteristics are defined by the brewing liquid flow rate supplied to the brewing assembly assuming one or more of the following characteristics: assuming or being close to a maximum value, starting decreasing after having assumed a maximum value, or a derivative thereof being within a predefined range.
With regards to Claim 23, Santi provides that the extraction profiles can be stored by a storage means connected to the device, where a drink is prepared and dispensed at the request of the user. Santi also provides that the flow rate can be varied depending on the phase of the operating cycle and according to the beverage to be produced.
In this case, an ordinarily skilled artisan before the effective filing date could have combined the espresso machine taught by Prefontaine, and combined it with the beverage machine taught by Santi, to provide a coffee machine that could have measured the flow rate during an individual phase of the beverage being produced, and continuously adjusted the beverage machine to achieve the desired beverage based on a stored extraction profile.
Regarding Claim 24, Prefontaine teaches all of the elements of the espresso machine as stated above, but does not teach that the electronic control unit is further designed to determine, based on the electric output of the brewing liquid flow meter, whether the brewing liquid flow rate supplied to the brewing assembly assumes one or different second predefined characteristics indicative of the existence of an appropriate condition to start the step of brewing the brewing substance in the brewing chamber with the brewing liquid; and when it is determined that the brewing liquid flow rate supplied to the brewing assembly assumes the one or different second predefined characteristics, control the brewing liquid flow rate regulation system so as to start the step of brewing the brewing substance in the brewing chamber with the brewing liquid.
With regards to Claim 24, Santi provides that the extraction profiles can be stored by a storage means connected to the device, where a drink is prepared and dispensed at the request of the user. Santi also provides that the flow rate can be varied depending on the phase of the operating cycle and according to the beverage to be produced.
In this case, an ordinarily skilled artisan before the effective filing date could have combined the espresso machine taught by Prefontaine, and combined it with the beverage machine taught by Santi, to provide a coffee beverage machine that uses the output from the flow meter to determine what specifics variables of the extraction profile need to be adjusted to ensure the optimal brewing of the beverage, switching between the pre-brew, brew, and dispense phase of the operating cycle as required by the profile of the desired drink.
Regarding Claim 25, Prefontaine teaches all of the elements of the espresso machine as stated above, but does not teach that the second predefined characteristics are defined by the brewing liquid flow rate supplied to the brewing assembly assuming, being close to, or starting steadying at a minimum value during a decrease after reaching a maximum value.
With regards to Claim 25, Santi provides that the extraction profiles can be stored by a storage means connected to the device, where a drink is prepared and dispensed at the request of the user. Santi also provides that the flow rate can be varied depending on the phase of the operating cycle and according to the beverage to be produced.
In this case, an ordinarily skilled artisan before the effective filing date could have combined the espresso machine taught by Prefontaine, and combined it with the beverage machine taught by Santi, to provide a coffee machine that could have measured the flow rate during an individual phase of the beverage being produced, and continuously adjusted the beverage machine to achieve the desired beverage based on a stored extraction profile.
Regarding Claim 26, Prefontaine teaches all of the elements of the espresso machine as stated above, as well as the flow meter outputting flow rates and flow volumes, but does not teach that the electronic control unit is further designed to carry out the step of brewing the brewing substance in the brewing chamber with the brewing liquid by implementing a controlled brewing liquid flow rate brewing mode comprising: controlling the brewing liquid flow rate regulation system to oppose a natural tendency of the brewing liquid flow rate supplied to the brewing assembly to increase; determining, based on the electric output of the brewing liquid flow meter, whether the brewing liquid flow rate supplied to the brewing assembly assumes one or different third predefined characteristics indicative of the brewing liquid flow rate supplied to the brewing assembly having been substantially steadied; when it is determined that the flow rate of the brewing liquid supplied to the brewing assembly assumes the one or more third predefined characteristics, closed-loop controlling the brewing liquid flow rate regulation system based on the electric output of the brewing liquid flow meter so as to keep the steadied brewing liquid flow rate supplied to the brewing assembly.
With regards to Claim 26, Santi provides that the extraction profiles can be stored by a storage means connected to the device, where a drink is prepared and dispensed at the request of the user. Santi also provides that the flow rate can be varied depending on the phase of the operating cycle and according to the beverage to be produced. Santi also provides that the machine continuously monitors and controls the machine to achieve the desired beverage as required by the loaded extraction profile. Santi provides that the control unit continuously monitors various aspects of the machine in real time, therefore, the system is able to closed loop control the system to achieve the desired extraction profile.
In this case, an ordinarily skilled artisan before the effective filing date could have combined the espresso machine taught by Prefontaine, and combined it with the beverage machine taught by Santi, to provide a coffee beverage machine that uses the output from the flow meter to determine what specifics variables of the extraction profile need to be adjusted to ensure the optimal brewing of the beverage, switching between the pre-brew, brew, and dispense phase of the operating cycle as required by the profile of the desired drink.
Regarding Claim 27, Prefontaine teaches all of the elements of the espresso machine as stated above, but does not teach that the electronic control unit is further designed to oppose the natural tendency of the flow rate of the brewing liquid supplied to the brewing assembly to increase the step of brewing the brewing substance in the brewing chamber with the brewing liquid by open-loop controlling the brewing liquid flow rate regulation system.
With regards to Claim 27, Santi provides that the extraction profiles can be stored by a storage means connected to the device, where a drink is prepared and dispensed at the request of the user. Santi also provides that the flow rate can be varied depending on the phase of the operating cycle and according to the beverage to be produced. Santi also provides that the machine continuously monitors and controls the machine to achieve the desired beverage as required by the loaded extraction profile.
In this case, an ordinarily skilled artisan before the effective filing date could have combined the espresso machine taught by Prefontaine, and combined it with the beverage machine taught by Santi, to provide a coffee beverage machine continuously monitors and adjusts the machine to achieve a desired beverage.
Regarding Claim 28, Prefontaine teaches all of the elements of the espresso machine as stated above, but does not teach that the third predefined characteristics are defined by a variation of the brewing liquid flow rate supplied to the brewing assembly being within a predefined range.
With regards to Claim 28, Santi provides that the extraction profiles can be stored by a storage means connected to the device, where a drink is prepared and dispensed at the request of the user. Santi also provides that the flow rate can be varied depending on the phase of the operating cycle and according to the beverage to be produced.
In this case, an ordinarily skilled artisan before the effective filing date could have combined the espresso machine taught by Prefontaine, and combined it with the beverage machine taught by Santi, to provide a coffee machine that could have measured the flow rate during an individual phase of the beverage being produced, and continuously adjusted the beverage machine to achieve the desired beverage based on a stored extraction profile.
Regarding Claim 29, Prefontaine teaches all of the elements of the espresso machine as stated above, but does not teach that the electronic control unit is further designed to allow the step of brewing the brewing substance to be user-customizable by selecting between the aforementioned controlled brewing liquid flow rate brewing mode and a constant brewing liquid pressure brewing mode.
Santi further teaches that the selection means can be controlled by the user, allowing the device to produce different beverages.
In this case, an ordinarily skilled artisan before the effective filing date could have combined the espresso machine taught by Prefontaine, and combined it with the beverage machine taught by Santi, to provide a machine where the user selects the controls for the desired beverage, where the desired beverage can include extraction profiles that adjust the liquid flow rate or includes a constant pressure brewing mode.
Regarding Claims 31 and 40, Prefontaine teaches all of the elements of the espresso machine as stated above, as well as the flow meter outputting flow rates and flow volumes, but does not teach that the electronic control unit is further designed to carry out the step of brewing the brewing substance in the brewing chamber with the brewing liquid by implementing a controlled brewing liquid flow rate brewing mode comprising: controlling the brewing liquid flow rate regulation system to oppose a natural tendency of the brewing liquid flow rate supplied to the brewing assembly to increase; determining, based on the electric output of the brewing liquid flow meter, whether the brewing liquid flow rate supplied to the brewing assembly assumes one or different first predefined characteristics indicative of the brewing liquid flow rate supplied to the brewing assembly having been substantially steadied; as well as closed- loop controlling the brewing liquid flow rate regulation system based on the electric output of the brewing liquid flow meter so as to keep the steadied brewing liquid flow rate supplied to the brewing assembly.
With regards to Claim 31 and 40, Santi provides that the extraction profiles can be stored by a storage means connected to the device, where a drink is prepared and dispensed at the request of the user. Santi also provides that the flow rate can be varied depending on the phase of the operating cycle and according to the beverage to be produced. Santi also provides that the machine continuously monitors and controls the machine to achieve the desired beverage as required by the loaded extraction profile. Santi further provides that the flow rate can be varied depending on the phase of the operating cycle and according to the beverage to be produced. Santi further provides that the machine continuously monitors different aspects of the machine in real time, therefore, the system is able to closed loop control the system to achieve the extraction profile.
In this case, an ordinarily skilled artisan before the effective filing date could have combined the espresso machine taught by Prefontaine, and combined it with the beverage machine taught by Santi, to provide a coffee beverage machine that uses the output from the flow meter to determine what specifics variables of the extraction profile need to be adjusted to ensure the optimal brewing of the beverage, switching between the pre-brew, brew, and dispense phase of the operating cycle as required by the profile of the desired drink.
Regarding Claim 32, Prefontaine teaches all of the elements of the espresso machine as stated above, but does not teach that the electronic control unit is further designed to oppose a natural tendency of the brewing liquid flow rate supplied to the brewing assembly to increase during the step of brewing the brewing substance in the brewing chamber with the brewing liquid by open-loop controlling the brewing liquid flow rate regulation system.
With regards to Claim 32, Santi provides that the extraction profiles can be stored by a storage means connected to the device, where a drink is prepared and dispensed at the request of the user. Santi also provides that the flow rate can be varied depending on the phase of the operating cycle and according to the beverage to be produced. Santi also provides that the machine continuously monitors and controls the machine to achieve the desired beverage as required by the loaded extraction profile.
In this case, an ordinarily skilled artisan before the effective filing date could have combined the espresso machine taught by Prefontaine, and combined it with the beverage machine taught by Santi, to provide a coffee beverage machine continuously monitors and adjusts the machine to achieve a desired beverage.
Regarding Claim 33, Prefontaine teaches all of the elements of the espresso machine as stated above, but does not teach that the first predefined characteristics are defined by a variation of the brewing liquid flow rate supplied to the brewing assembly being within a predefined range.
With regards to Claim 33, Santi provides that the extraction profiles can be stored by a storage means connected to the device, where a drink is prepared and dispensed at the request of the user. Santi also provides that the flow rate can be varied depending on the phase of the operating cycle and according to the beverage to be produced.
In this case, an ordinarily skilled artisan before the effective filing date could have combined the espresso machine taught by Prefontaine, and combined it with the beverage machine taught by Santi, to provide a coffee machine that could have measured the flow rate during an individual phase of the beverage being produced, and continuously adjusted the beverage machine to achieve the desired beverage based on a stored extraction profile.
Regarding Claim 34, Prefontaine teaches all of the elements of the espresso machine as stated above, but does not teach that the electronic control unit is further designed to allow the step of brewing the brewing substance to be user-customizable by selecting between the controlled brewing liquid flow rate brewing mode and a constant brewing liquid pressure brewing mode.
Santi further teaches that the selection means can be controlled by the user, allowing the device to produce different beverages.
In this case, an ordinarily skilled artisan before the effective filing date could have combined the espresso machine taught by Prefontaine, and combined it with the beverage machine taught by Santi, to provide a machine where the user selects the controls for the desired beverage, where the desired beverage can include extraction profiles that adjust the liquid flow rate or includes a constant pressure brewing mode.
Regarding Claim 35, Prefontaine teaches all of the elements of the espresso machine as stated above, but does not teach that the electronic control unit is further designed to carry out the step of pressurizing the brewing chamber by: controlling the brewing liquid flow rate regulation system so as to cause the brewing liquid flow rate supplied to the brewing assembly to increase; determining, based on the electric output of the brewing liquid flow meter, whether the brewing liquid flow rate supplied to the brewing assembly assumes one or different second predefined characteristics indicative of the existence of a condition of proper filling of the brewing chamber with the brewing liquid; and when it is determined that the flow rate of the brewing liquid supplied to the brewing assembly assumes the one or different second predefined characteristics, keeping the brewing liquid flow rate regulation system in a predefined steady operating state.
With regards to Claim 35, Santi provides that the extraction profiles can be stored by a storage means connected to the device, where a drink is prepared and dispensed at the request of the user. Santi also provides that the flow rate can be varied depending on the phase of the operating cycle and according to the beverage to be produced. Santi also provides that the machine continuously monitors and controls the machine to achieve the desired beverage as required by the loaded extraction profile.
In this case, an ordinarily skilled artisan before the effective filing date could have combined the espresso machine taught by Prefontaine, and combined it with the beverage machine taught by Santi, to provide a coffee beverage machine that uses the output from the flow meter to determine what specifics variables of the extraction profile need to be adjusted to ensure the optimal brewing of the beverage, switching between the pre-brew, brew, and dispense phase of the operating cycle as required by the profile of the desired drink.
Regarding Claim 36, Prefontaine teaches all of the elements of the espresso machine as stated above, but does not teach that the electronic control unit is further designed to cause the brewing liquid flow rate supplied to the brewing assembly to increase during the step of pressurizing the brewing chamber by open-loop controlling the brewing liquid flow rate regulation system.
With Regards to Claim 36, Santi provides that the flow rate can increase during the second phase (brewing/extraction) of the operating cycle according to the beverage being produced.
In this case, an ordinarily skilled artisan before the effective filing date could have combined the espresso machine taught by Prefontaine, and combined it with the beverage machine taught by Santi, to provide a machine that could increase the flow rate during the brewing process of the machine.
Regarding Claim 37, Prefontaine teaches all of the elements of the espresso machine as stated above, but does not teach that the second predefined characteristics are defined by the brewing liquid flow rate supplied to the brewing assembly assuming one or more of the following characteristics: assuming or being close to a maximum value, starting decreasing after having assumed a maximum value, and its derivative being within a predefined range.
With regards to Claim 37, Santi provides that the extraction profiles can be stored by a storage means connected to the device, where a drink is prepared and dispensed at the request of the user. Santi also provides that the flow rate can be varied depending on the phase of the operating cycle and according to the beverage to be produced.
In this case, an ordinarily skilled artisan before the effective filing date could have combined the espresso machine taught by Prefontaine, and combined it with the beverage machine taught by Santi, to provide a coffee machine that could have measured the flow rate during an individual phase of the beverage being produced, and continuously adjusted the beverage machine to achieve the desired beverage based on a stored extraction profile.
Regarding Claim 38, Prefontaine teaches all of the elements of the espresso machine as stated above, but does not teach that the electronic control unit is further designed to: determine, based on the electric output of the brewing liquid flow meter, whether the brewing liquid flow rate supplied to the brewing assembly assumes one or different third predefined characteristics indicative of the existence of an appropriate condition to start the step of brewing the brewing substance in the brewing chamber with the brewing liquid; and when it is determined that the brewing liquid flow rate supplied to the brewing assembly assumes the one or different third predefined characteristics, control the brewing liquid flow rate regulation system) so as to start the step of brewing the brewing substance in the brewing chamber with the brewing liquid.
With regards to Claim 38, Santi provides that the extraction profiles can be stored by a storage means connected to the device, where a drink is prepared and dispensed at the request of the user. Santi also provides that the flow rate can be varied depending on the phase of the operating cycle and according to the beverage to be produced.
In this case, an ordinarily skilled artisan before the effective filing date could have combined the espresso machine taught by Prefontaine, and combined it with the beverage machine taught by Santi, to provide a coffee beverage machine that uses the output from the flow meter to determine what specifics variables of the extraction profile need to be adjusted to ensure the optimal brewing of the beverage, switching between the pre-brew, brew, and dispense phase of the operating cycle as required by the profile of the desired drink.
Regarding Claim 39, Prefontaine teaches all of the elements of the espresso machine as stated above, but does not teach that the third predefined characteristics are defined by the brewing liquid flow rate supplied to the brewing assembly assuming, being close to, or starting steadying at a minimum value during a decrease after reaching a maximum value.
With regards to Claim 39, Santi provides that the extraction profiles can be stored by a storage means connected to the device, where a drink is prepared and dispensed at the request of the user. Santi also provides that the flow rate can be varied depending on the phase of the operating cycle and according to the beverage to be produced.
In this case, an ordinarily skilled artisan before the effective filing date could have combined the espresso machine taught by Prefontaine, and combined it with the beverage machine taught by Santi, to provide a coffee machine that could have measured the flow rate during an individual phase of the beverage being produced, and continuously adjusted the beverage machine to achieve the desired beverage based on a stored extraction profile.
It would have been obvious to an artisan of ordinary skill in the art before the effective filing date to have modified the coffee machine taught by Prefontaine with the hot beverage producing device taught by Santi, to provide a machine capable of continuously monitoring and adapting various aspects, such as flow rate, temperature, and pressure, to produce a beverage based on parameter of a desired beverage because all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ceotto (US-2020/0352390-A1) teaches an apparatus for preparing coffee where the flow of water is controlled by a variable-flow valve manually operated by a barista.
Majer (US-2009/0136639-A1) teaches a process of preparing a beverage where the beverage is prepared under controlled pressure during the dispensing process.
Coccia (US-2011/0097454-A1) teaches a coffee machine uses a hydraulic pump to supply hot water to dispense a beverage.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUNTER HEMMINGS whose telephone number is (571)467-0070. The examiner can normally be reached Monday - Friday 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ned Landrum can be reached at 571-272-5567. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HUNTER G HEMMINGS/ Examiner, Art Unit 3761
/WOODY A LEE JR/Primary Examiner, Art Unit 3761
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