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 .
Response to Amendment
Applicant's preliminary amendment filed on 11/9/2023 has been entered.
Claims 1, 3-6, 8-11 have been amended.
Claims 2 and 7 are as previously presented.
Claims 12-15 have been added.
Claims 1-15 are still pending in this application, with claim 1 being independent.
Specification
The amendment filed 11/9/2023 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: The incorporation by reference of International Patent Application No. PCT/IB2022/054393 filed on 5/11/2022, and Italian Patent Application No. IT 102021000012077 filed on 5/11/2021 is ineffective as it was added on the date of entry into the national phase, which is after the filing date of the instant application. The filing date of this national stage application is the filing date of associated PCT, in this case 5/11/2022, see MPEP 1893.03(b). Therefore the specification amendment of 11/9/2023 to include the incorporation by reference is new matter, per MPEP 608.01(p). For the purposes of this office action, Examiner will interpret the disclosure as reciting “.
Applicant is required to cancel the new matter in the reply to this Office Action.
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 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Stefanoni (US 20160309945 A1) in view of Casiddu (US 20160174752 A1).
Regarding claim 1,
Stefanoni teaches: An apparatus (1) [i.e., a machine including an infusion group 101 for a coffee brewing process; para. 0033: “The capsule-holder 1, the infusion head 2 and the just illustrated moving means can be considered a portion of an infusion group 101 of the machine.”] for making a beverage by brewing a food substance contained in
a capsule (9) [para. 0001: “The present invention relates to an infusion group to be used in a machine for dispensing beverages in form of infuse extracted from a capsule or disposable pod, in particular coffee, tea, herbal teas and the like.”], the capsule (9) [fig. 2A: capsule C] comprising
a cup-shaped containment body (91) [see fig. 2A, showing the cup-shaped containment body of the capsule] and a perimetric flange (92) [see fig. 2A, showing upper edge B] projecting from the containment body (91) [Stefanoni teaches at least structure utilizing a capsule’s flange to manipulate the capsule during various known phases of the coffee brewing process; para. 0051: “In the present embodiment the capsule C further has a projecting upper edge B suitable to allow to retain the capsule during the insertion and extraction phases, as it will be described in details hereinafter.”], wherein the apparatus (1) comprises
a supporting structure (11) [fig. 2A: frame 102] and
a brewing unit (2) [para. 0038: “The infusion group 101 even comprises a frame 102 which receives the capsule-holder 1 and the infusion head 2, the latter, as said, selectively mobile with respect to the frame 102 and to the capsule-holder 1 itself and apt to cooperate with the latter for the extraction of the beverage.”] comprising
a first member (3) [fig. 2A: infusion head 2] and
a second member (4) [fig. 2A: capsule-holder 1],
the first member (3) being movable relative to the second member (4) between
an operating position, in which the first member (3) and the second member (4) are coupled to one another and form a brewing chamber (21) in which, in use, the capsule (9) is contained [i.e., an arrangement for infusing/dispensing step; para. 0027: “FIG. 2D shows a top plan view of a portion of the above-mentioned machine in a phase for infusing and dispensing the beverage”; para. 0044: “The capsule-holder 1 defines an infusion chamber 10 suitable to receive the capsule indeed during the infusion and which thus implements a seat or receptacle for the capsule itself.”], and
a home position, in which the first member (3) and the second member (4) are spaced apart from each other and allow, in use, insertion of the capsule (9) between the first member (3) and the second member (4) or removal of the capsule (9) from the brewing unit (2) [i.e., an arrangement for capsule inserting step; para. 0026: “FIGS. 2A, 2B and 2C show two perspective views and a top plan view, respectively, of a portion of a machine for dispensing beverages extracted from disposable capsules incorporating the devices of FIG. 1, in a configuration wherein a new capsule has just been inserted”],
the first member (3) being slidably mounted relative to the supporting structure (11) along a line of movement (200) between the operating position and the home position, and vice versa [para. 0034: “The above-mentioned moving means are suitable to determine a relative translational motion in a direction L of approaching/departing of the infusion head 2 to/from the capsule-holder 1. In the present example, the capsule-holder 1 is stationary and the infusion head 2 moves in a direction L, the latter preferably horizontal.”],
the second member (4) having a housing (41) which is configured to house the containment body (91) of the capsule (9) and which has an opening (411) and a concavity which face towards the first member (3) [see figs. 4 and 5A/5B, showing a housing of capsule-holder 1 having an opening and concavity, configured to house the capsule],
the first member (3) in the operating position closing the opening (411) of the housing (41) so that, in use, the perimetric flange (92) of the capsule (9) is interposed between the first member (3) and a perimetric edge (412) of the opening (411) of the housing (41) of the second member (4) [see fig. 2D, showing the capsule flange interposed between the infusion head 2 and at least a perimetric edge of the opening in the capsule-holder 1];
wherein the brewing unit (2) also comprises:
at least one retaining element (5) [figs. 1, 2A: guiding devices 100/100’; paras. 0054-57] which is
configured to receive the perimetric flange (92) of the capsule (9), when the first member (3) is in the home position and the capsule (9) is inserted between the first member (3) and the second member (4), and is configured to retain the perimetric flange (92) of the capsule (9) during a movement of the first member (3) from the home position to the operating position [i.e., a first retaining element 1 is shaped and coordinated to move so as to position the capsule by the flange into the capsule-holder 1, and to release the capsule; paras. 0056-57: “The device 100 first of all comprises means for retaining the capsule during a relative motion between the latter and the capsule-holder 1. Such retaining means in tum comprises a first retaining element 31 and a second retaining element 32 of the edge B of the capsule C. In the present example, each one of the elements 31 and 32 is configured like a guide or channel, wherein preferably the edge B of the capsule is retained between two substantially parallel walls. In particular, each element 31, 32, bears a longitudinal seat, respectively 311 and 321, extending in a direction V of engagement of the edge B of the capsule. Such direction V is substantially orthogonal to the of infusion L and, in the present example, substantially vertical for both the elements 31 and 32.”; para. 0061: “Preferably, the first retaining element 31, at or near the terminal stop means 312, has a profile or lateral seat 313 substantially shaped like a squared "C" or a jaw, and in general with a shape allowing the release of the edge B when the element 31 is moved in a direction of departing from the capsule.”]; and
at least one ejector (6) [i.e., see figs. 1, 3C, 3E showing second retaining element 32; para. 0058: “…whereas the second retaining element 32 is configured so as to retain the capsule during a relative motion of extracting the used capsule from the infusion chamber 10, by allowing the ejection thereof by gravity from the group 101.”] which is
configured to eject the capsule (9) from the housing (41) of the second member (4) during a movement of the first member (3) from the operating position to the home position [i.e., the second retaining element 32 is shaped and coordinated to move so as to lift the capsule by the flange out of the capsule-holder 1, e.g., after brewing/dispensing; paras. 0062-63]; and wherein:
the at least one retaining element (5) [i.e., retaining element 31] is slidably mounted relative to the supporting structure (11) [via arms 41/42 of device 100; fig. 1; para. 0066: “By also referring to FIGS. 2B and 2C, each arm 41, 42 is configured to engage a corresponding seat or guide 103 obtained in the frame 102 of the infusion group 101. In particular, in the present embodiment the terminal end of the arm 42 distal with respect to the retaining elements 31 and 32 bears an engagement element 421, suitable to be slidingly coupled and/or guided in the seat or guide 103 on the frame 102.”] and is movable between
a receiving position, in which the at least one retaining element (5) is positioned to receive the perimetric flange (92) of the capsule (9) [i.e., the arrangement for the capsule inserting step; para. 0026], and
a disengaging position, in which the at least one retaining element (5) is disengaged from the perimetric flange (92) of the capsule (9) [see fig. 2D, showing the capsule released from the guiding devices],
a movement of the at least one retaining element (5) from the receiving position to the disengaging position comprising
a first stretch which is parallel to the line of movement (200) of the first member (3) [i.e., a first portion of the movement of first retaining element 31, parallel to the movement of the capsule from fig. 2C to fig. 2D, before arm 42 is guided by cavity 105; paras. 0076-77] and
a second stretch which is divergent from the line of movement (200) of the first member (3) [i.e., a second portion of the movement of first retaining element 31, divergent to the vertical movement of the capsule in figs. 2C to fig. 2D, while arm 42 is guided by cavity 105], so that in the second stretch the at least one retaining element (5) is shifted transversally to the line of movement (200) and, in use, is moved away from the perimetric flange (92) of the capsule (9) [i.e., so as to release the flange; para. 0078];
the at least one ejector (6) [i.e., retaining element 32] is slidably mounted relative to the supporting structure (11) and is movable relative to the second member (4), parallel to the line of movement (200) of the first member (3) [via arms 41/42 of device 100; fig. 1; para. 0066: “By also referring to FIGS. 2B and 2C, each arm 41, 42 is configured to engage a corresponding seat or guide 103 obtained in the frame 102 of the infusion group 101. In particular, in the present embodiment the terminal end of the arm 42 distal with respect to the retaining elements 31 and 32 bears an engagement element 421, suitable to be slidingly coupled and/or guided in the seat or guide 103 on the frame 102.”], between
an extracted position [see fig. 3E, showing the capsule having been lifted off the capsule-holder 1 by the retaining element 32] and
a retracted position [i.e., a position wherein the retaining element 32 does not interfere with a position of the capsule, e.g., in figs. 2D and 3C];
the first member (3) mechanically operates in conjunction with the at least one retaining element (5) and with the at least one ejector (6), in such a way that the movement of the first member (3) from the home position to the operating position causes the movement of the at least one retaining element (5) from the receiving position to the disengaging position and causes a movement of the at least one ejector (6) from the extracted position to the retracted position, and in such a way that the movement of the first member (3) from the operating position to the home position causes a movement of the at least one retaining element (5) from the disengaging position to the receiving position and causes a movement of the at least one ejector (6) from the retracted position to the extracted position [i.e., the corresponding seat/guides 103 and cavity 105 configured to control the coordinated movements of the first retaining element 31 and second retaining element 32];
the apparatus (1) comprises a guide which mechanically operates in conjunction with the at least one retaining element (5) to implement the transversal shifting of the at least one retaining element (5) in the second stretch of the movement [i.e., the corresponding seat/guides 103 and cavity 105];
the at least one ejector (6) has a thrust portion (61) [fig. 1: seats 321; para. 0082: “The recesses 313' favour to hook the capsule in the seats 321.”] configured to push the perimetric flange (92) of the capsule (9) away from the perimetric edge (412) during the shifting from the retracted position to the extracted position [i.e., during the movement of the capsule from fig. 3C to fig. 3E].
However, although Stefanoni discloses first retaining element 32 as the at least one retaining element (5) and the retaining element 32 as the at least one ejector (6), wherein the elements 32 and 33 are formed on mirrored devices 100/100’, the applicant is advised that it has been held by the courts that the mere fact that a given structure is integral does not preclude its consisting of various elements, and that constructing a formerly integral structure in various portions involves only routine skill in the art. See MPEP 2144.04(II)(A), MPEP 2144.04(V), and MPEP 2144.04(VI)(C).
Therefore, although it may be argued that Stefanoni may not explicitly disclose retaining elements movable independently from ejectors, i.e., the at least one retaining element (5) and the at least one ejector (6) are parts separate from each other and are movable one relative to the other, since Casiddu, in the same field of endeavor, teaches an arrangement of a first retaining element [fig. 9: retaining means 24 including guide elements 27; para. 0040-41: “In fact, thanks to this measure, at the retaining zone the two guide elements 27 can be manually spread apart to unload the capsule 2 from the unit 1 without having to close and re-open the unit 1 (it may be sufficient to press on the capsule 2 from above to spread apart the guide elements 27)...”] and an ejector [fig. 9: ejection means 36; para. 0043: “In the embodiment illustrated, the ejection means 36 comprise at least one pusher 37 slidably associated with the first part 4 and equipped with a head 38 positioned at the chamber 8 and an actuator portion 39 positioned outside the chamber 8 (and advantageously outside the first part 4).”] that are separate parts, movable independent of each other [para. 0042: “The horizontal unit 1 also comprises ejection means 36 for ejecting the capsule 2 from the housing 5, which act when the first part 4 and the second part 6 move from the operating position to the insertion position, and which are separate from the retaining means 24.”], it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the apparatus of Stefanoni, with a reasonable expectation of success, such that wherein the at least one retaining element (5) and the at least one ejector (6) are parts separate from each other and are movable one relative to the other, as suggested by Casiddu, since by forming a once integral part into two portions would obviously allow for, e.g., ease of assembly, repair, replacement of parts.
Regarding claim 2, Stefanoni in view of Casiddu discloses the apparatus (1) according to claim 1.
Stefanoni further teaches:
wherein the guide extends along a flank of the brewing unit (2) and is made in the supporting structure (11) [see fig. 2B showing guide 103 along a flank of the brewing unit; para. 0066: “By also referring to FIGS. 2B and 2C, each arm 41, 42 is configured to engage a corresponding seat or guide 103 obtained in the frame 102 of the infusion group 101.”], the guide comprising a lane (12) having a first guiding stretch (121), which is parallel to the line of movement (200) of the first member (3) [i.e., a first stretch formed by guide 103], and a second guiding stretch (122), which is divergent from said line of movement (200) [i.e., a second stretch formed by cavity 105; fig. 2D], the at least one retaining element (5) comprising a follower (55) which engages with said lane (12) [fig. 1: engagement element 421; para. 0066: “In particular, in the present embodiment the terminal end of the arm 42 distal with respect to the retaining elements 31 and 32 bears an engagement element 421, suitable to be slidingly coupled and/or guided in the seat or guide 103 on the frame 102.”].
Regarding claim 3, Stefanoni in view of Casiddu discloses the apparatus (1) according to claim 1.
Stefanoni further teaches:
wherein the first member (3) comprises a first thrust element (31) and a second thrust element (32) for moving the at least one retaining element (5) [para. 0041: “The infusion head 2 further bears a pair of engagement elements 24, arranged bilaterally thereon and visible for example in FIGS. 2B and 2C, the function thereof will be explained hereinafter. Preferably, such elements are shaped like a post or pin.”], wherein the first thrust element (31) makes contact with and pushes the at least one retaining element (5) during the movement of the first member (3) from the home position to the operating position and wherein the second thrust element (32) makes contact with and pushes the at least one retaining element (5) during the movement of the first member (3) from the operating position to the home position [i.e., a respective engagement element 24 as a first thrust element and second thrust element configured to move the device 100 when approaching/departing the capsule; para. 0068: “The first arm 41 further bears, in intermediate position, a cam profile 412, or equivalent means, suitable to establish a positive connection with a respective engagement element 24 of the infusion head 2. Still as it will be illustrated hereinafter by referring to the operating modes of the machine, such connection is so that the head 2 can induce each one of the devices 101 and 101' to rotate around an axis substantially parallel to the direction V and arranged at the profile 412, so as to approach/depart selectively the retaining elements 31 and 32 to/from the capsule.”] the first thrust element (31) being disengaged from the at least one retaining element (5) when the at least one retaining element (5) is in the disengaging position [i.e., when the element 24 is disengaged from the cam profile 412, e.g., after the release of the capsule from the retaining element, and during the movement of the capsule after brewing/dispensing].
Regarding claim 4, Stefanoni in view of Casiddu discloses the apparatus (1) according to claim 1.
Stefanoni further teaches:
wherein the at least one retaining element (5) comprises a receiving portion (51), which defines a seat (514) for receiving the perimetric flange (92) of the capsule (9) [see fig. 1, showing seat 313 for receiving the flange of the capsule; para. 0061], a pin (52) and an arm (53) which connects the pin (52) to the receiving portion (51), the at least one retaining element (5) being rotatable about an axis of rotation defined by said pin (52) [see fig. 1, showing arms 41 and connected to profile 412 configured to rotate around an axis defined therefrom, see figs. 2C to 2D; para. 0068],
wherein a rotation of the at least one retaining element (5) about the axis of rotation defined by the pin (52) is prevented by the guide in the first stretch of the movement and is allowed in the second stretch of the movement, so that the movement of the at least one retaining element (5) in the second stretch is a combination of a translating movement parallel to the line of movement (200) of the first member (3) and of a rotary movement about the axis of rotation defined by the pin (52) [i.e., the linear and rotary motion of the retaining element, relative to the capsule and infusion head 2, is controlled by, at least, the guide 103, cavity 105, and engagement elements 24].
Regarding claim 5, Stefanoni in view of Casiddu discloses the apparatus (1) according to claim 4.
Stefanoni further teaches:
wherein the guide extends along a flank of the brewing unit (2) and is made in the supporting structure (11) [see fig. 2B showing guide 103 along a flank of the brewing unit; para. 0066: “By also referring to FIGS. 2B and 2C, each arm 41, 42 is configured to engage a corresponding seat or guide 103 obtained in the frame 102 of the infusion group 101.”], the guide comprising a lane (12) having a first guiding stretch (121), which is parallel to the line of movement (200) of the first member (3) [i.e., a first stretch formed by guide 103], and a second guiding stretch (122), which is divergent from said line of movement (200) [i.e., a second stretch formed by cavity 105; fig. 2D], the at least one retaining element (5) comprising a follower (55) which engages with said lane (12) [fig. 1: engagement element 421; para. 0066: “In particular, in the present embodiment the terminal end of the arm 42 distal with respect to the retaining elements 31 and 32 bears an engagement element 421, suitable to be slidingly coupled and/or guided in the seat or guide 103 on the frame 102.”], and
wherein the follower (55) projects from the arm (53) and, when the follower (55) engages with the lane (12) in the second guiding stretch (122) of the lane (12), it makes the at least one retaining element (5) rotate about the axis of rotation [see fig 1, and figs. 2C to 2D].
Regarding claim 6, Stefanoni in view of Casiddu discloses the apparatus (1) according to claim 1.
Stefanoni further teaches:
wherein one of either the first member (3) or the at least one ejector (6) comprises a projecting tooth (34) [i.e., engagement element 24] and the other of either the first member (3) or the at least one ejector (6) comprises a contact element (622) [i.e., engagement element 411] for the projecting tooth (34) [para. 0067: “The arm 41 bears too, at the terminal distal end with respect to the retaining elements 31 and 32, an engagement element 411. Such element 411 of the arm 41 is apt to interact with a respective engagement element 24 of the head 2. In particular, as it will be illustrated hereinafter by referring to the operating modes of the machine, the coupling between elements 411 and 24 is so as to allow a selective dragging in translation of the devices 100 and 100' by the head 2 during a return stroke after infusion.”],
the projecting tooth (34) being spaced apart from the contact element (622) when the first member (3) is in the operating position [fig. 2D] and
making contact with the contact element (622) during the movement of the first member (3) from the operating position to the home position, the contact between the projecting tooth (34) and the contact element (622) causing a mechanical constraint such that the at least one ejector (6) is dragged towards the retracted position by the first member (3) moving towards the home position [fig. 3E].
Regarding claim 7, Stefanoni in view of Casiddu discloses the apparatus (1) according to claim 6.
Stefanoni further teaches:
wherein the contact element is part of a slot (621) or of a track in which the projecting tooth (34) is received and can run, the slot (621) or the track extending parallel to the line of movement (200) and the contact element (622) being a stop for the projecting tooth (34) [see figs. 2B and 3B, showing the conventional arrangement of a pin in a slot, the slot defining the line of movement of the pin].
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Stefanoni fig. 3B:
Regarding claim 8, Stefanoni in view of Casiddu discloses the apparatus (1) according to claim 6.
Stefanoni as modified by Casiddu discloses:
In this case, since Stefanoni discloses the common practice of using a conventional pin and slot to define a movement, it would have been obvious to arrange the apparatus of Stefanoni and Casiddu such that wherein the first member (3) comprises the projecting tooth (34) and the at least one ejector (6) comprises the contact element, since a PHOSITA would have found it obvious to try, with a reasonable expectation of success, a slot and pin to effect the independent movement of Casiddu’s ejector, according to the requirements of the given application, e.g., in order to accommodate for the weight of the head.
Regarding claim 9, Stefanoni in view of Casiddu discloses the apparatus (1) according to claim 1.
Stefanoni further teaches:
wherein the thrust portion (61) of the at least one ejector (6) forms a part of the perimetric edge (412) of the opening (411) of the housing (41) of the second member (4), so that, when the at least one ejector (6) is in the retracted position, the thrust portion (61) and the second member (4) jointly define the perimetric edge (412) which in use is in contact with the perimetric flange (92) of the capsule (9), whilst when the at least one ejector (6) is in the extracted position the perimetric edge (412) is interrupted and the thrust portion (61) is spaced apart from the interrupted perimetric edge (412), the thrust portion (61) being interposed between the first member (3) and the second member (4) [see fig. 3C].
Regarding claim 10, Stefanoni in view of Casiddu discloses the apparatus (1) according to claim 1.
Stefanoni further teaches:
wherein the at least one retaining element (5) and the at least one ejector (6) are positioned on a same flank of the brewing unit (2) [see fig. 2A].
Regarding claim 11, Stefanoni in view of Casiddu discloses the apparatus (1) according to claim 1.
Stefanoni further teaches:
wherein the brewing unit (2) comprises a first and a second of said at least one retaining element (5), the first retaining element and the second retaining element being positioned on opposite flanks of the brewing unit (2) and symmetrically relative to a longitudinal plane of the brewing unit (2), and wherein the brewing unit (2) also comprises a first and a second of said at least one ejector (6), the first ejector and the second ejector being positioned on opposite flanks of the brewing unit (2) and symmetrically relative to the longitudinal plane of the brewing unit (2) [see figs. 1 and 2A].
Regarding claim 12, Stefanoni in view of Casiddu discloses the apparatus (1) according to claim 3.
Stefanoni further teaches:
wherein the guide extends along a flank of the brewing unit (2) and is made in the supporting structure (11) [see fig. 2B showing guide 103 along a flank of the brewing unit; para. 0066: “By also referring to FIGS. 2B and 2C, each arm 41, 42 is configured to engage a corresponding seat or guide 103 obtained in the frame 102 of the infusion group 101.”], the guide comprising a lane (12) having a first guiding stretch (121), which is parallel to the line of movement (200) of the first member (3) [i.e., a first stretch formed by guide 103], and a second guiding stretch (122), which is divergent from said line of movement (200) [i.e., a second stretch formed by cavity 105; fig. 2D], the at least one retaining element (5) comprising a follower (55) which engages with said lane (12) [fig. 1: engagement element 421; para. 0066: “In particular, in the present embodiment the terminal end of the arm 42 distal with respect to the retaining elements 31 and 32 bears an engagement element 421, suitable to be slidingly coupled and/or guided in the seat or guide 103 on the frame 102.”].
Regarding claim 13, Stefanoni in view of Casiddu discloses the apparatus (1) according to claim 3.
Stefanoni further teaches:
wherein the at least one retaining element (5) comprises a receiving portion (51), which defines a seat (514) for receiving the perimetric flange (92) of the capsule (9) [see fig. 1, showing seat 313 for receiving the flange of the capsule; para. 0061], a pin (52) and an arm (53) which connects the pin (52) to the receiving portion (51), the at least one retaining element (5) being rotatable about an axis of rotation defined by said pin (52) [see fig. 1, showing arms 41 and connected to profile 412 configured to rotate around an axis defined therefrom, see figs. 2C to 2D; para. 0068],
wherein a rotation of the at least one retaining element (5) about the axis of rotation defined by the pin (52) is prevented by the guide in the first stretch of the movement and is allowed in the second stretch of the movement, so that the movement of the at least one retaining element (5) in the second stretch is a combination of a translating movement parallel to the line of movement (200) of the first member (3) and of a rotary movement about the axis of rotation defined by the pin (52) [i.e., the linear and rotary motion of the retaining element, relative to the capsule and infusion head 2, is controlled by, at least, the guide 103, cavity 105, and engagement elements 24].
Regarding claim 14, Stefanoni in view of Casiddu discloses the apparatus (1) according to claim 13.
Stefanoni further teaches:
wherein the guide extends along a flank of the brewing unit (2) and is made in the supporting structure (11) [see fig. 2B showing guide 103 along a flank of the brewing unit; para. 0066: “By also referring to FIGS. 2B and 2C, each arm 41, 42 is configured to engage a corresponding seat or guide 103 obtained in the frame 102 of the infusion group 101.”], the guide comprising a lane (12) having a first guiding stretch (121), which is parallel to the line of movement (200) of the first member (3) [i.e., a first stretch formed by guide 103], and a second guiding stretch (122), which is divergent from said line of movement (200) [i.e., a second stretch formed by cavity 105; fig. 2D], the at least one retaining element (5) comprising a follower (55) which engages with said lane (12) [fig. 1: engagement element 421; para. 0066: “In particular, in the present embodiment the terminal end of the arm 42 distal with respect to the retaining elements 31 and 32 bears an engagement element 421, suitable to be slidingly coupled and/or guided in the seat or guide 103 on the frame 102.”], and
wherein the follower (55) projects from the arm (53) and, when the follower (55) engages with the lane (12) in the second guiding stretch (122) of the lane (12), it makes the at least one retaining element (5) rotate about the axis of rotation [see fig 1, and figs. 2C to 2D].
Regarding claim 15, Stefanoni in view of Casiddu discloses the apparatus (1) according to claim 7.
Stefanoni as modified by Casiddu discloses:
In this case, since Stefanoni discloses the common practice of using a conventional pin and slot to define a movement, it would have been obvious to arrange the apparatus of Stefanoni and Casiddu such that wherein the first member (3) comprises the projecting tooth (34) and the at least one ejector (6) comprises the contact element, since a PHOSITA would have found it obvious to try, with a reasonable expectation of success, a slot and pin to effect the independent movement of Casiddu’s ejector, according to the requirements of the given application, e.g., in order to accommodate for the weight of the head.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE J EVANGELISTA whose telephone number is (571)272-6093. The examiner can normally be reached Monday - Friday, 9am - 5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edward F 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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/THEODORE J EVANGELISTA/Examiner, Art Unit 3761 /EDWARD F LANDRUM/Supervisory Patent Examiner, Art Unit 3761
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