DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 4, 6-8 and 10-12 are objected to because of the following informalities:
Regarding claim 4, the phrase “at least second operative infrared optical sensor” is grammatically incomplete as it is missing an article. The Examiner interprets this phrase as “at least a second operative infrared optical sensor.”
Regarding claim 6, the phrases “a first transmitter/receiver IR” and “a second transmitter/receiver IR” are grammatically incorrect as “IR” should be placed before the respective words “transmitter” and “receiver.”
Regarding claim 7 and 12, the claim language lacks proper antecedent basis for the phrase "the bottom of said jug."
Regarding claim 10-12, the phrase "a current milk dispensing cycle" should be changed to "the current milk dispensing cycle " as antecedent basis has been established earlier in claim 10.
Regarding claim 11, each claim must end with a period. See MPEP § 608.01(m).
Claim 8 inherits the above deficiencies and are objected to due to dependency upon objected-to claim.
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:
“a dispensing device dispensing” in claim 1 and 10, described in page 6, line 3 as “a duct 18 for dispensing the heated and/or emulsified milk.”
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-12 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 or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1 and 10, the phrase “at least around a first level” and “present around a first level” are term of degrees and render the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. It is unclear whether the term “around” is directed to before a first/second threshold or after a first/second threshold is reached and to what degree of a threshold “around” may be referring to. See MPEP § 2173.05(d).
Regarding claim 1, the phrase “a first delay between an instant of deactivation of said boiler and an instant of detection of said first level of milk (L1)” renders the claim indefinite as it is unclear if the first delay is meant to trigger after the instant of deactivation of said boiler, or if it is meant to trigger after the instant of detection of said first level of milk.
Regarding claim 2, the claim language lacks proper antecedent basis for the phrase "the corresponding nominal value" as claim 1 recites “a nominal value of a transition time” and “a nominal value of a first delay.” It is unclear which nominal value the phrase is referring to, rendering the claim indefinite.
Regarding claim 3, the phrase “a second delay between an instant of deactivation of said pump and said instant detection of said first level of milk” suffers similarly from the above deficiencies.
Regarding claim 3, 5, 11 and 12, the phrase “unequivocally derives from” is a term of degree that render the claims indefinite as it is unclear how an “unequivocal” derivation is differentiated mathematically from an “equivocal” derivation, as “unequivocally” is used as a subjective and relative term in the claim. The lack of a clear standard for measuring an “unequivocal” degree introduces ambiguity to the boundaries of the algorithm, mathematical derivation or function required by the claims to calculate the second and third time delay from the first delay.
Regarding claim 5, the claim language lacks proper antecedent basis for the phrase "said second level (L2) of milk" as “a second level of milk (L2)” is introduced in claim 4, which claim 5 is not dependent on.
Regarding claim 4 and 12, the phrase “around a second level” is a term of degree and renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claims 6, 7, and 8, the phrase “first/second optical sensor” should maintain proper antecedent basis with nomenclature established in claim 1, which recites “first infrared optical sensor” as it is unclear whether the optical sensor introduced in claims 6-8 are infrared or another kind of optical sensor.
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 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 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over De’Longhi et al., US Patent Application Publication No. 20190183283 A1, in view of Mueller, US Patent Application Publication No. 20210059466 A1, in further view of Zepp et al., US Patent Application Publication No. 10955281 B1, Jagne, US Patent Application Publication No. 10869573 B2 and Upston et al., US Patent Application Publication No. 20190090684 A9.
Claim 1. De’Longhi discloses a coffee machine comprising (De’Longhi, Abstract “The coffee machine (1).”)
a machine body, (De’Longhi, Fig. 1 shows a machine body.)
a water feed pump, a boiler for producing steam from said water, (De’Longhi, [0041] “Inside the lid there are means 8 for conveying steam which is generated inside the coffee machine in a traditional way through a water pump and one or more boilers.”)
a steam dispenser […], a dispensing device dispensing milk emulsified and/or heated with said steam, (De’Longhi, Abstract “… means (8) for conveying the steam generated inside the coffee machine, to a Venturi tube (9) present in the lid (7) so as to emulsify and/or heat the milk inside said lid…”; [0026] “…said steam is being dispensed, the water pump and the boiler of said coffee machine are activated and said milk is emulsified and/or heated and dispensed by said dispenser tube…”)
said device having a jug containing the milk and a lid closing the jug having a Venturi effect chamber connected to said steam dispenser and to said jug (De’Longhi, Abstract “… a carafe (6) for containing the milk and a lid (7) for closing the carafe (6), means (8) for conveying the steam generated inside the coffee machine, to a Venturi tube (9) present in the lid (7) so as to emulsify and/or heat the milk inside said lid…”)
drawing the milk present in said jug, (De’Longhi, Fig. 6 shows a dispenser tube 18 that draws the milk present in the carafe.)
an optical sensor being further provided to detect the level of milk present in said jug comprising at least a first operative infrared optical sensor (12a, 12b) to acquire a signal at least around a first level (L1) of milk in said jug, (De’Longhi, [0055] “The detection means also comprise at least a third sensor 17 so as to detect a first volume level of amount with said first and second sensors 15, 16 and a second volume level of the residual amount of milk in the carafe 6 when the carafe is completely empty” the third sensor corresponding to the claimed first optical sensor acquiring the first volume level.)
De’Longhi does not explicitly disclose an electronic controller, wherein said controller is configured to: store a nominal value of a transition time of said signal […].
Mueller discloses an electronic controller, (Mueller, Fig. 1 shows controller S.)
wherein said controller is configured to: store a nominal value of a transition time of said signal (Mueller, [0054] “Within the scope of a measuring adjustment, the signals supplied by the flow meters 2 and 16 are in each case assigned by the controller S to a corresponding flow volume. This is undertaken with reference to values stored previously in the control unit S” corresponding with the claimed configuration of storing nominal values from a signal; and [0014] “The measured signals can be placed into a ratio with a unit of time or time interval and can thus represent a volumetric flow. The assignment of the signals per unit of time to a corresponding volumetric flow can already be undertaken by the manufacture of the flow meter or during operation within the scope of adjustment operations by reference measurements” where the volumetric flow corresponds with the claimed nominal value of a transition time of said signal.)
De’Longhi and Mueller are analogous art because they are related to beverage preparation apparatuses. De’Longhi differs from the claimed invention only in that it does not explicitly disclose an electronic controller, however it does teach a control algorithm in combination with the sensors that guarantees an interruption in advance in the production of steam depending on the residual amount in the carafe, suggesting a use of some controller (see De’Longhi, [0063]). Mueller teaches an electronic controller for controlling the beverage preparation process including receiving and making decisions based on the level of milk volume available for the metering of milk or milk froth. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the beverage preparation apparatus of De’Longhi with the controller and its associated functions taught by Mueller. One of ordinary skill in the art would have been motivated to make such a modification so the information can be used in the subsequent operation of the flow meter in the dispensing and metering of milk or milk froth (see Mueller, [0055]).
Modified De’Longhi does not explicitly disclose [a nominal value of a transition time of said signal] from a first threshold to a second threshold (S1, S2) preset around said first level (L1), and during the execution of a current milk dispensing cycle, acquire a current value (Δtx) of said transition time of said signal from said first preset threshold to said second preset threshold (S1, S2).
Zepp discloses [a nominal value of a transition time of said signal] from a first threshold to a second threshold (S1, S2) preset around said first level (L1), and (Zepp, col. 9 line 26 “… the voltage signal 200 oscillates semi-randomly within a narrow voltage range, above minimum threshold 202 and below maximum threshold 204. In this operational state, voltage signal 200 is indicating operation of steam cooker 10 within its normal operating range with a level of fluid F above the minimum fluid level (associated with minimum threshold 202) and below the maximum fluid level (associated with maximum threshold 204)” where the min/max fluid level corresponds with the claimed first and second threshold of the first level L1.)
during the execution of a current milk dispensing cycle, acquire a current value (Δtx) of said transition time of said signal from said first preset threshold to said second preset threshold (S1, S2); (Zepp, col. 5 line 42 “As detailed below, the position information allows controller 106 to compute the level of fluid F within reservoir 26, as well as to determine the presence, absence and character of various operational states of the larger system, such as whether fluid F is entering or exiting reservoir 26 and the associated rate of ingress or egress…” suggesting the signals are output to the control unit in real-time.)
De’Longhi, Mueller and Zepp are analogous art because they are related to cooking appliances. Although Zepp discloses using fluid level position information from a sensor in order to determine operational states such as the rate at which of ingress or egress of the fluid in the system in the context of a steam cooker, using the rate of ingress or egress of the fluid to selectively activate or deactivate heaters is analogous to the use of the sensors and controller as taught by modified De’Longhi in order to control the heaters for the use of brewing a beverage. Similar to De’Longhi’s sensors which detect a first and a second fluid level in the carafe, Zepp also uses sensors to monitor the fluid level between two thresholds associated with a “ready for operation” operational state (see Zepp, col. 9 line 23). The measured signals taught by Zepp at a min/max fluid level can similarly be placed into a ratio with a unit of time or time interval in order to represent a volumetric flow as taught by Mueller, which can then be sent to the controller to be used in the cooking operations during the operation of the apparatus, or be programmed into the flow meter as taught by Mueller. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the flow rate data saved as taught by Mueller supplied by the third sensor 17 of De’Longhi which detects a first volume level amount of milk in the carafe, to be constrained by a min/max fluid level at an operational volume of the apparatus as taught by Zepp. One of ordinary skill in the art would have been motivated to make such a modification in order to define a “ready for operation” normal state in which the apparatus has enough fluid to proceed with operation of the beverage.
Modified De’Longhi does not explicitly disclose a nominal value of a first delay between an instant of deactivation of said boiler and an instant of detection of said first level of milk (L1); execute said current milk dispensing cycle with a current value (dt1a) of said first delay that is modified with respect to said nominal value of said first delay if said current transition time (Δtx) differs from said nominal transition time.
Jagne discloses a nominal value of a first delay between an instant of deactivation of said boiler and an instant of detection of said first level of milk (L1); (Jagne, col. 8 line 45 “3. Start a heater timer for heater operation. 4. Turn off the heater after the heater timer expires”; Jagne, col. 10 line 56 “…the heater is turned off and the machine waits a first delay amount of time. Such delay may be set by the user through the user interface or be build into the software”; Zepp col. 9 line 13 “… controller 106 of computing system 100 receives inputs from level sensor 40 and/or temperature sensor 110 to assess the operational state… Controller 106 then utilizes software 108 stored on memory 104 to generate outputs as required or desired for a particular application, such as to selectively activate or deactivate heaters 24…”)
execute said current milk dispensing cycle with a current value (dt1a) of said first delay that is modified with respect to said nominal value of said first delay if said current transition time (Δtx) differs from said nominal transition time. (Jagne, col. 9 line 11 “Those skilled in the art will appreciate that all of the parameters mentioned above, including wait times, delays, timer settings, pump speeds, temperature thresholds and settings, and the like may be programmed into the machine and be adjusted as needed through a programming and/or user interface”; and Mueller[0054] “Within the scope of a measuring adjustment, the signals supplied by the flow meters 2 and 16 are in each case assigned by the controller S to a corresponding flow volume. This is undertaken with reference to values stored previously in the control unit S. If the volumes measured by the flow meters 2 and 16 differ, a correction factor is determined by which the volumes measured by the flow meter 2 are adjusted. For this purpose, said correction factor is stored and is used for the subsequent operation of the flow meter 2 in the dispensing and metering of milk or milk froth” where the correction factor corresponds with the increase or decrease of the milk dispensing cycle, and the flow volumes measured by sensors that supply fluid level information correspond to nominal transition time.)
De’Longhi, Mueller, Zepp and Jagne are analogous art because they are related to the control of a cooking apparatus. Modified De’Longhi differs from the claimed invention only in that it does not explicitly disclose the use of a delay timer to influence the operation of the heater. However, Jagne discloses having the heater deactivate when a heater timer expires and the apparatus carries a software capable of storing a set amount of time as operational information, similar to Mueller’s storage of reference values for the operation of the application. Zepp teaches the use of inputs from the level sensor as well as using the software in order to generate outputs such as to selectively activate or deactivate heaters. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the controller of modified De’Longhi to, at a signal given by a level sensor, start a preset heater timer for the heater operation to turn off the heater after the timer expires, as well as modify the timer settings based on preset information programmed into the machine or adjusted as needed through the program using the sensors. One of ordinary skill in the art would have been motivated to make such a modification in order to automate the basic process of sufficiently heating or aerating the liquid sufficiently for the purpose of making a beverage (see Jagne, col. 8, line 35).
Modified De’Longhi does not explicitly disclose [a steam dispenser] provided with a shut-off solenoid valve.
Upston [a steam dispenser] provided with a shut-off solenoid valve (Upston, [0055] “… the boiler supplying steam a solenoid activated valve used to start and stop the flow of steam from the boiler to the wand assembly.”)
De’Longhi, Mueller, Zepp, Jagne an Upston are analogous art because they are related to the control of a cooking apparatus. Modified De’Longhi does not explicitly disclose the use of a shut-off solenoid valve with the steam dispenser tube. Upston discloses the boiler supplying steam having a solenoid activated valve. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to simply substitute the electrically controllable fluid valve of Reyhanloo with the solenoid activated valve taught by Upston. One of ordinary skill in the art would have been motivated to make such a modification as a solenoid activated valve is one type of electrically controllable fluid valve, the substitution of which leads to a known and predictable outcome of allowing the control of supplying steam to the system from the boiler in order to heat a fluid during operation.
Claim 2. Modified De’Longhi discloses the coffee machine according to claim 1,
wherein said electronic controller is configured to increase or respectively decrease in the current milk dispensing cycle said current value (dt1a) of said first delay with respect to the corresponding nominal value if said current transition time is greater or respectively lower than said nominal transition time. (Jagne, col. 9 line 11 “Those skilled in the art will appreciate that all of the parameters mentioned above, including wait times, delays, timer settings, pump speeds, temperature thresholds and settings, and the like may be programmed into the machine and be adjusted as needed through a programming and/or user interface”; and Mueller, [0054] “Within the scope of a measuring adjustment, the signals supplied by the flow meters 2 and 16 are in each case assigned by the controller S to a corresponding flow volume. This is undertaken with reference to values stored previously in the control unit S. If the volumes measured by the flow meters 2 and 16 differ, a correction factor is determined by which the volumes measured by the flow meter 2 are adjusted. For this purpose, said correction factor is stored and is used for the subsequent operation of the flow meter 2 in the dispensing and metering of milk or milk froth” where the correction factor corresponds with the increase or decrease of the milk dispensing cycle, and the flow volumes measured by sensors that supply fluid level information correspond to nominal transition time.)
Claim 3. Modified De’Longhi discloses the coffee machine according to claim 1,
wherein said electronic controller is configured to execute said current dispensing cycle with a current value (dt1b) of a second delay between an instant of deactivation of said pump and said instant of detection of said first level of milk (L1), wherein said current value (dt1b) of said second delay unequivocally derives from said current value (dt1a) of said first delay. (Jagne, col. 11 line 10 “… the machine waits a second delay amount of time and turns off the spice pump” where the pump provides the liquid brew mixed with additional spices and condiments; and col. 9 line 11 “Those skilled in the art will appreciate that all of the parameters mentioned above, including wait times, delays, timer settings, pump speeds, temperature thresholds and settings, and the like may be programmed into the machine and be adjusted as needed through a programming and/or user interface”; and Mueller, [0054] “Within the scope of a measuring adjustment, the signals supplied by the flow meters 2 and 16 are in each case assigned by the controller S to a corresponding flow volume. This is undertaken with reference to values stored previously in the control unit S. If the volumes measured by the flow meters 2 and 16 differ, a correction factor is determined by which the volumes measured by the flow meter 2 are adjusted. For this purpose, said correction factor is stored and is used for the subsequent operation of the flow meter 2 in the dispensing and metering of milk or milk froth” where the correction factor corresponds with the increase or decrease of the milk dispensing cycle, and the flow volumes measured by sensors that supply fluid level information correspond to nominal transition time.)
Although Jagne discloses a spice pump, the pump provides a liquid and its operation is controlled by a second delay, similar to the set up of the first delay also taught by Jagne.
Claim 4. Modified De’Longhi discloses the coffee machine according to claim 1,
wherein said optical sensor detecting the level of milk present in said jug comprises at least second operative infrared optical sensor detecting at least around a second level of milk (L2), (De’Longhi, [0054] “In more detail the detection means 12 comprise at least a first emitter sensor 15 and a second receiver sensor 16 for the optical detection of the residual amount 14 of milk in the carafe and are also able to read whether the carafe connected to the body 2 of the machine is present or not.”)
where said second level (L2) is lower than said first level (L1). (De’Longhi, [0055] “The detection means also comprise at least a third sensor 17 so as to detect a first volume level of amount with said first and second sensors 15, 16 and a second volume level of the residual amount of milk in the carafe 6 when the carafe is completely empty.”)
Claim 5. Modified De’Longhi discloses the coffee machine according to claim 1,
wherein said electronic controller is configured to execute said current dispensing cycle with a current value (dt2) of a third delay between the instant of closure of said solenoid valve and the instant (t2) of detection of said second level (L2) of milk, (Upston, [0205] “The signal from the micro switch 1815 (or lack of signal) detected by the micro processor 1817 causes the solenoid valve 1805 to open and let steam from the boiler 1804 to flow the venturi 1806. At the venturi, steam from the boiler is mixed with air 1807 from the pump 1808. The steam air mixture travels through the steam wand 1811 and exits the nozzle 1812 directly into a container 1820, preferably containing milk… When the milk in the container 1820 reaches a predetermined temperature both the solenoid 1805 and the air pump 1808 are disabled or deactivated.”
wherein said current value (dt2) of said third delay unequivocally derives from said current value (dt1a) of said first delay. (De’Longhi, [0017] “… the device being provided with means for detecting the presence of the milk in the carafe to interrupt the dispensing of milk when said carafe is completely empty.”)
Upston teaches a solenoid valve that responds to a signal from a microprocessor or controller in order to open or close the valve. De’Longhi teaches the interruption of dispensing of milk when the carafe is completely empty using mainly sensors 15 and 16 at a lower level. The signals of these sensors that indicate a fluid level in the carafe are sent to the controller with the ability to compare reference values stored with inputs from sensors taught by combined Mueller and Zepp in order to deactivate a timer taught by Jagne to shut off both the heater and the pump.
Claim 6. The coffee machine according to claim 4,
wherein said first optical sensor comprises a first transmitter IR and a first receiver IR positioned at said first level (L1), and said second optical sensor comprises a second transmitter IR and a second receiver IR positioned at said second level (L2). (De’Longhi, [0028] “Finally, it should be mentioned that the first, second and third sensors are infrared sensors…”; and Fig. 4 shows the third sensor 17 positioned at a first level of milk, and first and second sensors 15 and 16 positioned at a second level of milk.)
Although De’Longhi does not explicitly disclose the first optical sensor includes a first transmitter IR and a first receiver IR, it does disclose a transmitter sensor and receiver sensor pair in elements 15 and 16. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to simply substitute sensor 17 with a dedicated IR transmitter and receiver pair. One of ordinary skill in the art would have been motivated to make such a substitution as an obvious matter of design choice as a second pair of IR transmitter/receiver placed at a higher position would lead to similar and predictable results of ensuring consistent and reliable optical detection.
Claim 7. Modified De’Longhi discloses the coffee machine according to claim 6,
wherein said second optical sensor is arranged near the bottom of said jug. (De’Longhi, Fig. 4 shows the first and second sensor situated near the bottom of the carafe.)
Claim 8. Modified De’Longhi discloses the coffee machine according to claim 6,
wherein said first and second optical sensors operate selectively or in combination. (De’Longhi, [0055] “The detection means also comprise at least a third sensor 17 so as to detect a first volume level of amount with said first and second sensors 15, 16 and a second volume level of the residual amount of milk in the carafe 6 when the carafe is completely empty.”)
Claim 9. Modified De’Longhi discloses the coffee machine according to claim 1,
wherein in the execution of said current dispensing cycle said controller overrides the aforesaid control of the current dispensing cycle if said first level (L1) is not detected within a certain interval of time from an instant of opening of said solenoid valve. (Mueller, [0015] “The outputting of signals by the control unit make it possible to regulate the currents of a motor, with which the milk pump is driven and/or fluid-controlling components of the milk system are actuated, said components influencing the conveying of the milk flow or interrupting the dispensing thereof.”)
Mueller teaches the overriding of the dispensing of milk flow by controlling a milk pump using the output signals of a control unit. Combined with Zepp’s disclosure of a min/max fluid level signal around an operational fill level corresponding with the claimed indication of a fluid within the first level L1 threshold, and Jagne’s teaching of using a delay timer before and after controlling a component such as a heater or a fluid pump, Mueller’s control unit may control the solenoid valve of Upston when the signal indicating that the fluid level is not sufficient is sent by the level sensors of Zepp.
Claim 10. De’Longhi discloses a control method for controlling a current milk dispensing cycle in a coffee machine comprising (De’Longhi, [0063] “The guarantee of repeatability of the operation is given by the detection of the residual amount of milk in the carafe by the sensors and the control algorithm and guarantees an interruption in advance in the production of steam depending on the residual amount in the carafe so as to avoid steam puffs in the system both from the dispenser tube of milk and inside of the machine.”)
a machine body, and (De’Longhi, Fig. 1 shows a machine body.)
a water feed pump, a boiler for producing steam from said water, (De’Longhi, [0041] “Inside the lid there are means 8 for conveying steam which is generated inside the coffee machine in a traditional way through a water pump and one or more boilers.”)
a steam dispenser […], a dispensing device dispensing milk emulsified and/or heated with said steam, (De’Longhi, [0026] “…said steam is being dispensed, the water pump and the boiler of said coffee machine are activated and said milk is emulsified and/or heated and dispensed by said dispenser tube…”)
said device having a jug containing the milk and a lid closing the jug having a Venturi-effect chamber connected to said steam dispenser and to said jug to draw the milk present in said jug, (De’Longhi, Abstract “… a carafe (6) for containing the milk and a lid (7) for closing the carafe (6), means (8) for conveying the steam generated inside the coffee machine, to a Venturi tube (9) present in the lid (7) so as to emulsify and/or heat the milk inside said lid…”; and Fig. 6 shows a dispenser tube 18 that draws the milk present in the carafe.)
optical sensor detecting the level of milk present in said jug comprising at least a first operative infrared optical sensor detecting around a first level of milk in said jug, (De’Longhi, [0055] “The detection means also comprise at least a third sensor 17 so as to detect a first volume level of amount with said first and second sensors 15, 16 and a second volume level of the residual amount of milk in the carafe 6 when the carafe is completely empty” the third sensor corresponding to the claimed first optical sensor acquiring the first volume level.)
De’Longhi does not explicitly disclose electronic controller.
Mueller discloses electronic controller, (Mueller, Fig. 1 shows controller S.)
comprising the following steps: storing a nominal value of a transition time (Mueller, [0054] “Within the scope of a measuring adjustment, the signals supplied by the flow meters 2 and 16 are in each case assigned by the controller S to a corresponding flow volume. This is undertaken with reference to values stored previously in the control unit S” corresponding with the claimed configuration of storing nominal values from a signal; and [0014] “The measured signals can be placed into a ratio with a unit of time or time interval and can thus represent a volumetric flow. The assignment of the signals per unit of time to a corresponding volumetric flow can already be undertaken by the manufacture of the flow meter or during operation within the scope of adjustment operations by reference measurements” where the volumetric flow corresponds with the claimed nominal value of a transition time of said signal.)
De’Longhi and Mueller are analogous art because they are related to beverage preparation apparatuses. De’Longhi differs from the claimed invention only in that it does not explicitly disclose an electronic controller, however it does teach a control algorithm in combination with the sensors that guarantees an interruption in advance in the production of steam depending on the residual amount in the carafe, suggesting a use of some controller (see De’Longhi, [0063]). Mueller teaches an electronic controller for controlling the beverage preparation process including receiving and making decisions based on the level of milk volume available for the metering of milk or milk froth. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the beverage preparation apparatus of De’Longhi with the controller and its associated functions taught by Mueller. One of ordinary skill in the art would have been motivated to make such a modification so the information can be used in the subsequent operation of the flow meter in the dispensing and metering of milk or milk froth (see Mueller, [0055]).
Modified De’Longhi does not explicitly disclose [a nominal value of a transition time] of said signal from a first to a second threshold preset around said first level (L1).
Zepp discloses [a nominal value of a transition time] of said signal from a first to a second threshold preset around said first level (L1) and (Zepp, col. 9 line 26 “… the voltage signal 200 oscillates semi-randomly within a narrow voltage range, above minimum threshold 202 and below maximum threshold 204. In this operational state, voltage signal 200 is indicating operation of steam cooker 10 within its normal operating range with a level of fluid F above the minimum fluid level (associated with minimum threshold 202) and below the maximum fluid level (associated with maximum threshold 204)” where the min/max fluid level corresponds with the claimed first and second threshold of the first level L1.)
during the execution of a current milk dispensing cycle, acquiring a current value of said transition time (Δtx); (Zepp, col. 5 line 42 “As detailed below, the position information allows controller 106 to compute the level of fluid F within reservoir 26, as well as to determine the presence, absence and character of various operational states of the larger system, such as whether fluid F is entering or exiting reservoir 26 and the associated rate of ingress or egress…” suggesting the signals are output to the control unit in real-time.)
De’Longhi, Mueller and Zepp are analogous art because they are related to cooking appliances. Although Zepp discloses using fluid level position information from a sensor in order to determine operational states such as the rate at which of ingress or egress of the fluid in the system in the context of a steam cooker, using the rate of ingress or egress of the fluid to selectively activate or deactivate heaters is analogous to the use of the sensors and controller as taught by modified De’Longhi in order to control the heaters for the use of brewing a beverage. Similar to De’Longhi’s sensors which detect a first and a second fluid level in the carafe, Zepp also uses sensors to monitor the fluid level between two thresholds associated with a “ready for operation” operational state (see Zepp, col. 9 line 23). The measured signals taught by Zepp at a min/max fluid level can similarly be placed into a ratio with a unit of time or time interval in order to represent a volumetric flow as taught by Mueller, which can then be sent to the controller to be used in the cooking operations during the operation of the apparatus, or be programmed into the flow meter as taught by Mueller. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the flow rate data saved as taught by Mueller supplied by the third sensor 17 of De’Longhi which detects a first volume level amount of milk in the carafe, to be constrained by a min/max fluid level at an operational volume of the apparatus as taught by Zepp. One of ordinary skill in the art would have been motivated to make such a modification in order to define a “ready for operation” normal state in which the apparatus has enough fluid to proceed with operation of the beverage.
Modified De’Longhi does not explicitly disclose a nominal value of a first delay between an instant of deactivation of said boiler and an instant of detection of said first level of milk (L1);
a nominal value of a first delay between an instant of deactivation of said boiler and an instant of detection of said first level of milk (L1); (Jagne, col. 8 line 45 “3. Start a heater timer for heater operation. 4. Turn off the heater after the heater timer expires”; Jagne, col. 10 line 56 “…the heater is turned off and the machine waits a first delay amount of time. Such delay may be set by the user through the user interface or be build into the software”; Zepp col. 9 line 13 “… controller 106 of computing system 100 receives inputs from level sensor 40 and/or temperature sensor 110 to assess the operational state… Controller 106 then utilizes software 108 stored on memory 104 to generate outputs as required or desired for a particular application, such as to selectively activate or deactivate heaters 24…”)
executing said current milk dispensing cycle with a current value (dt1a) of said first delay that is modified with respect to said nominal value of said first delay if said current transition time (Δtx) differs from said nominal transition time. (Jagne, col. 9 line 11 “Those skilled in the art will appreciate that all of the parameters mentioned above, including wait times, delays, timer settings, pump speeds, temperature thresholds and settings, and the like may be programmed into the machine and be adjusted as needed through a programming and/or user interface”; and Mueller[0054] “Within the scope of a measuring adjustment, the signals supplied by the flow meters 2 and 16 are in each case assigned by the controller S to a corresponding flow volume. This is undertaken with reference to values stored previously in the control unit S. If the volumes measured by the flow meters 2 and 16 differ, a correction factor is determined by which the volumes measured by the flow meter 2 are adjusted. For this purpose, said correction factor is stored and is used for the subsequent operation of the flow meter 2 in the dispensing and metering of milk or milk froth” where the correction factor corresponds with the increase or decrease of the milk dispensing cycle, and the flow volumes measured by sensors that supply fluid level information correspond to nominal transition time.)
De’Longhi, Mueller, Zepp and Jagne are analogous art because they are related to the control of a cooking apparatus. Modified De’Longhi differs from the claimed invention only in that it does not explicitly disclose the use of a delay timer to influence the operation of the heater. However, Jagne discloses having the heater deactivate when a heater timer expires and the apparatus carries a software capable of storing a set amount of time as operational information, similar to Mueller’s storage of reference values for the operation of the application. Zepp teaches the use of inputs from the level sensor as well as using the software in order to generate outputs such as to selectively activate or deactivate heaters. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the controller of modified De’Longhi to, at a signal given by a level sensor, start a preset heater timer for the heater operation to turn off the heater after the timer expires, as well as modify the timer settings based on preset information programmed into the machine or adjusted as needed through the program using the sensors. One of ordinary skill in the art would have been motivated to make such a modification in order to automate the basic process of sufficiently heating or aerating the liquid sufficiently for the purpose of making a beverage (see Jagne, col. 8, line 35).
Modified De’Longhi does not explicitly disclose [a steam dispenser] provided with a shut-off solenoid valve.
[a steam dispenser] provided with a shut-off solenoid valve, (Upston, [0055] “… the boiler supplying steam a solenoid activated valve used to start and stop the flow of steam from the boiler to the wand assembly.”)
De’Longhi, Mueller, Zepp, Jagne an Upston are analogous art because they are related to the control of a cooking apparatus. Modified De’Longhi does not explicitly disclose the use of a shut-off solenoid valve with the steam dispenser tube. Upston discloses the boiler supplying steam having a solenoid activated valve. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to simply substitute the electrically controllable fluid valve of Reyhanloo with the solenoid activated valve taught by Upston. One of ordinary skill in the art would have been motivated to make such a modification as a solenoid activated valve is one type of electrically controllable fluid valve, the substitution of which leads to a known and predictable outcome of allowing the control of supplying steam to the system from the boiler in order to heat a fluid during operation.
Claim 11. Modified De’Longhi discloses the control method for controlling a current milk dispensing cycle according to claim 10,
wherein executing said current dispensing cycle with a current value (dt1b) of a second delay between an instant of deactivation of said pump and said instant of detection of said first level of milk (L1), wherein said current value (dt1b) of said second delay unequivocally derives from said current value (dt1a) of said first delay (Jagne, col. 11 line 10 “… the machine waits a second delay amount of time and turns off the spice pump” where the pump provides the liquid brew mixed with additional spices and condiments; and col. 9 line 11 “Those skilled in the art will appreciate that all of the parameters mentioned above, including wait times, delays, timer settings, pump speeds, temperature thresholds and settings, and the like may be programmed into the machine and be adjusted as needed through a programming and/or user interface”; and Mueller, [0054] “Within the scope of a measuring adjustment, the signals supplied by the flow meters 2 and 16 are in each case assigned by the controller S to a corresponding flow volume. This is undertaken with reference to values stored previously in the control unit S. If the volumes measured by the flow meters 2 and 16 differ, a correction factor is determined by which the volumes measured by the flow meter 2 are adjusted. For this purpose, said correction factor is stored and is used for the subsequent operation of the flow meter 2 in the dispensing and metering of milk or milk froth” where the correction factor corresponds with the increase or decrease of the milk dispensing cycle, and the flow volumes measured by sensors that supply fluid level information correspond to nominal transition time.)
Although Jagne discloses a spice pump, the pump provides a liquid and its operation is controlled by a second delay, similar to the set up of the first delay also taught by Jagne.
Claim 12. Modified De’Longhi discloses the control method for controlling a current milk dispensing cycle according to claim 11,
wherein said optical sensor detecting the level of milk present in said jug comprises at least a second operative infrared optical sensor detecting around a second level of milk near the bottom of said jug, (De’Longhi, [0054] “In more detail the detection means 12 comprise at least a first emitter sensor 15 and a second receiver sensor 16 for the optical detection of the residual amount 14 of milk in the carafe and are also able to read whether the carafe connected to the body 2 of the machine is present or not.”)
where said second level (L2) is lower than said first level (L1), (De’Longhi, [0055] “The detection means also comprise at least a third sensor 17 so as to detect a first volume level of amount with said first and second sensors 15, 16 and a second volume level of the residual amount of milk in the carafe 6 when the carafe is completely empty.”)
further comprising the following steps: performing said current dispensing cycle with a current value (dt2) of a third delay between the instant of closure of said solenoid valve and the instant (t2) of detection of said second level (L2) of milk, (Upston, [0205] “The signal from the micro switch 1815 (or lack of signal) detected by the micro processor 1817 causes the solenoid valve 1805 to open and let steam from the boiler 1804 to flow the venturi 1806. At the venturi, steam from the boiler is mixed with air 1807 from the pump 1808. The steam air mixture travels through the steam wand 1811 and exits the nozzle 1812 directly into a container 1820, preferably containing milk… When the milk in the container 1820 reaches a predetermined temperature both the solenoid 1805 and the air pump 1808 are disabled or deactivated.”
wherein the current value (dt2) of said third delay unequivocally derives from said current value (dt1a) of said first delay. (De’Longhi, [0017] “… the device being provided with means for detecting the presence of the milk in the carafe to interrupt the dispensing of milk when said carafe is completely empty.”)
Upston teaches a solenoid valve that responds to a signal from a microprocessor or controller in order to open or close the valve. De’Longhi teaches the interruption of dispensing of milk when the carafe is completely empty using mainly sensors 15 and 16 at a lower level. The signals of these sensors that indicate a fluid level in the carafe are sent to the controller with the ability to compare reference values stored with inputs from sensors taught by combined Mueller and Zepp in order to deactivate a timer taught by Jagne to shut off both the heater and the pump.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Reyhanloo, US Patent Application Publication No. 9357873 B2 directed to the monitoring of the filling level of milk in a milk container for the purpose of making a beverage.
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/K.B.M./Examiner, Art Unit 3761
/JUSTIN C DODSON/Primary Examiner, Art Unit 3761
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