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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. IT102021000011930, filed on 05/10/2021.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The amendment filed on 11/10/2023 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 the international patent application PCT/IB2022/054319 and of the Italian patent application No. 102021000011930 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 05/10/2022, see MPEP 1893.03(b). Therefore the specification amendment of 11/10/2023 to include the incorporation by reference is new matter, per MPEP 608.01(p).
Applicant is required to cancel the new matter in the reply to this Office Action by removing the phrase “each of which are incorporated herein by reference in its entirety” from the specification.
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.
Claim limitations that use the word “means” are as follows:
Claim 1, “support means”, “guide and slide means”, and “hinge means”, where the structural interpretation of these means limitations are provided within claim 1 itself
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.
Claim 5-6 and 8 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claims 5-6 recites the limitations “second element” in line 2. There is insufficient antecedent basis for these limitations in the claim. For examination purposes, claims 5 and 6 will be read as “second element” equating to the “second support element” in claim 1.
Claim 8 recites the limitations “first element” in the last line. There is insufficient antecedent basis for these limitations in the claim. For examination purposes, claim 8 will be read as “first element” equating to the “first support element” in claim 1.
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 1-3, 5-6, and 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Doglioni Majer (US 7472641 B2, hereinafter Majer) in view of Righetti (WO 2008067843 A1) and Li et al. (CN 208873225 U, hereinafter Li).
Regarding claim 1, Majer discloses an automatic beverage vending machine (Abstract, “A machine for preparing beverages”, where the beverage making process is automatic through the machinery), the vending machine comprising
a container (Abstract, “hollow frame (1)”) delimiting a housing chamber (Section 3, line 35, “frame 1 it constitutes a closed compartment 4”) and having an opening for access to said chamber (Section 3, lines 33-38, “supporting plate 5 can rotate between a position in which in combination with other fixed elements of the frame 1 it constitutes a closed compartment 4, as shown in FIG. 1, to contain components of the assembly for preparing beverages and a position in which it defines an open compartment 4 as shown in FIG. 2.”, where the supporting plate can create the opening for access into the housing chamber or compartment 4);
a beverage preparation assembly having a plurality of components for producing beverages housed at least partly in said chamber and support means for said components (Section 3, lines 1-4, “water feed unit 8 and an assembly for preparing beverages formed of a plurality of components contained in a specific compartment 4, closed at the front”, where the supporting plate 5 is a support means for supporting beverage preparation assembly components);
said support means comprise a first support element (Section 3, lines 39-41, “The fixed elements of the frame designed to define the containing compartment 4 are represented by two fixed plates 10, 11 disposed crosswise with respect to the frame 1”, where the plate 10 is construed as the first support element) and a second support element for a second part of said components (Section 3, line 19, “The supporting plate 5 is connected to the frame 1”, where the supporting plate is construed as the second support element);
wherein said first support element comprises a horizontal wall (Fig. 4, where the first support element 10 is shown to be a horizontal wall);
guide and slide means, one of which is inserted in said chamber and one of which is at least partially extracted from said chamber (Section 4, lines 1-7, “the supporting plate 5 may be detached from the compartment 4 of the frame. For this purpose, for example according to an alternative embodiment, the supporting plate 5 may be provided with two side guides designed to slide in specific tracks disposed on the internal frame 1 of the machine to make its extraction possible, as if it were a drawer, with respect to the compartment 4.”, where the supporting plate can include side guides that are the guide and slide means that allow the plate 5 to be enclosing the chamber and extracted from the chamber);
hinge means begin interposed between said first support element and said second support element (Section 3, lines 19-21, “The supporting plate 5 is connected to the frame 1 by means constituting a hinge to allow it to rotate with respect to one side of the same as if it were a flap.”), for allowing the rotation of said second support element with respect to said first support element around a hinge axis which is horizontal and orthogonal to said sliding direction (Fig. 1 and 2, where Fig. 1 shows that the second support element with respect to the first support element are perpendicular and closed; where Fig. 2 shows that the second support element with respect to the first support element is rotated by the hinge 35, where the hinge axis is horizontal and orthogonal to the sliding direction of the plate 5 as the sliding direction is towards the viewer in a drawer fashion);
wherein the second support element is movable between two extreme end of stroke angular positions, one of which is an operational vertical position for closing said chamber (Fig. 1, where the plate 5 is shown in an operational vertical position for closing the chamber), and one of which is a forward overturned position (Section 2, lines 20-24, “supporting element comprises a supporting plate hinged on one of its sides to the hollow frame and designed to rotate between a position in which, together with the fixed elements of the frame, it defines a closed compartment and an overturned position in which it defines an open compartment.”);
said second support element forming a flap door of said drawer (Section 3, lines 19-21, “The supporting plate 5 is connected to the frame 1 by means constituting a hinge to allow it to rotate with respect to one side of the same as if it were a flap.”, and Section 4, lines 4-7, “supporting plate 5 may be provided with two side guides designed to slide in specific tracks disposed on the internal frame 1 of the machine to make its extraction possible, as if it were a drawer, with respect to the compartment 4.”).
Majer does not disclose:
in that at least part of said first components is directly rested on said first support’s horizontal wall or is coupled to said wall by the interposition of attachment structures to said wall and the first support is used for a first part of said components;
guide and slide means being interposed between the first support element and said container to allow said first support element a translation in a direction between two extreme end of stroke positions;
hinge means allowing rotation of the second support element regardless of the position of said first support element between said extreme end of stroke position;
wherein said first and said second support elements form part of an extractable drawer permanently coupled to said container and housing at least part of said components.
However, Righetti discloses, in the similar field of beverage vending machines (Abstract, “vending machine…at least one beverage are arranged”), where there are first components that directly rest on the first support’s horizontal wall and where the first support supports a first part of components (Page 7, lines 20-22, “In a preferred embodiment of the invention, the boiler 53 and the pump 55 are supported by a shelf 57, rigidly connected to the frame 13.”, where Fig. 6 shows that the frame 13 can also be overturned and that it is connected to a shelf that is construed as the first support which holds the boiler 53). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the first support in Majer to include first components as taught by Righetti.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of being able to reposition the water system in the apparatus, as stated by Righetti, Page 7, lines 27-29, “the boilers 53 and 3 1 , the pump 55 and the shelf 57 are arranged on the opposite side of the supporting structure, herein after also called the back side of the supporting structure.”
Regarding the rearrangement of the water system, it has been held that mere rearrangement of parts is an obvious modification to make. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). It is the Examiner’s position that the water system above the compartment in Majer or within the compartment’s first support in Righetti both are able to achieve the same end result of delivering water for the use in beverage preparation. As a result, the mere rearrangement of the water system’s location would be a mere matter of user design choice.
Further, Li discloses, in the similar field of extendable compartments (Abstract, “the panel assembly can be the second opening closed or opened”), where there is a guide and slide means interposed between a first support element and the container to allow the first support element to transition between two extreme end of stroke positions (Page 6, Para. 2, “support frame 132 and the cabinet body 11 connected through sliding of the slide rail assembly 9. Specifically, supporting frame 132 along the two ends of the left and right directions of both through a slide rail assembly 9 and the cabinet body 11 connection, a sliding rail assembly 9 comprises a movable slide rail and the movable slide rail matched with the fixed slide rail, slide rail is mounted on the cabinet body 11 of the main body 112”, where the guide and slide means are the sliding rail assembly 9, where the first support element is the supporting frame 132, and where the two end positions are shown in Fig. 2 and 3),
where the hinge means allows rotation of the second support element regardless of the position of the first support element between the stroke positions (Page 6, Para. 2, “one end of second cabinet door 131 is provided with the support frame 132 by two spaced hinge 10, the top one end part is a free end, the second opening is closed or opened by a second door 131. second door 131 can drive the support frame 132 out of the second opening, and when the second door 131 relative to support frame 132 rotate, can control the degree of opening of the second opening… may also rotate the second door 131 the second opening larger range of open”),
where the first and second support elements form an extractable drawer permanently coupled to the container and containing components (Claim 8, “panel assembly (13) comprises a second cabinet door (131) and a supporting frame (132), the second door (131) can make the second opening closed or opened.”, and Fig. 3, where the components are shown both on the first support 132 and the second support 131). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the compartment with components on both first and second supports in modified Majer to include the slide and guide means attached to the first support so that the first support can also be moved outwards as taught by Li.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of being able to pull out the first support as well in order to improve the ease of maintenance for a user, as stated by Li, Page 6, Para. 2, “the other part is arranged on the support frame 132, so that when the printing module 4 needs to be maintained, it only needs the second door 131 to pull out from the second opening in support frame 132, may also rotate the second door 131 the second opening larger range of open, further improves the overhauling efficiency”.
Regarding claim 2, modified Majer teaches the apparatus according to claim 1, as set forth above, discloses wherein said hinge means are configured to allow the rotation of said second support element with respect to said first support element around said hinge axis between two extreme end of stroke angular positions one of which is operational and at least partially closing said opening (Majer, Section 3, lines 19-23, “The supporting plate 5 is connected to the frame 1 by means constituting a hinge to allow it to rotate with respect to one side of the same as if it were a flap. The means constituting the hinges 35 around which the plate 5 rotates may be
represented”) and the other is overturned for inspection/maintenance of at least part of said components, wherein the second support element is overturned and protrudes to the outside of the container (Majer, Section 2, lines 24-30, “overturned position in which it defines an open compartment. The supporting plate mounted to overturn considerably increases the constructional simplicity of the machine and significantly decreases the adjustment times, during inspection, of the machine. In fact, instead of partial disassembly of the machine, a simple manual operation by the operator is all that is required to gain access to any of its components.”).
Regarding claim 3, modified Majer teaches the apparatus according to claim 1, as set forth above, discloses wherein said second support element extends upwards from the first support element and in that said rotation axis is arranged adjacent to a lower end of said second support element (Majer, Fig. 4, where the second support element or supporting plate 5 is extending upwards from the first support element 10, where the rotation axis is at the lower end of the second support element being the location of the hinges 35).
Regarding claim 5, modified Majer teaches the apparatus according to claim 1, as set forth above, discloses wherein said second element comprises a flat front portion partially closing said opening (Majer, Fig. 4, where the second support element or supporting plate 5 includes a flat front portion that closes the chamber, as the plate is flat) and in that at least part of said second components are connected to a surface of said flat front portion facing said chamber (Majer, Fig. 4, where on the back side of the plate 5, there are components connected like the grinder 19 and motor 20; Section 4, lines 15-18, “FIG. 4, is equipped with a grinder 19 operated by an electric motor 20 to grind the coffee beans and is supported, as shown in FIG. 4, on the supporting plate 5.”).
Regarding claim 6, modified Majer teaches the apparatus according to claim 1, as set forth above, discloses wherein said second element comprises a flat front portion at least partially closing said chamber (Majer, Fig. 4, where the second support element or supporting plate 5 includes a flat front portion that closes the chamber, as the plate is flat) and in that at least part of said second components are connected to an external surface of said flat front portion (Majer, Section 3, lines 65-67, “The mixing chambers 6 may also be equipped with one or more specific blenders 36 to facilitate mixing the soluble product with the water.”, and Fig. 4, where the blender 36 is a component connected to the external surface of the second support element or supporting plate 5).
Regarding claim 8, modified Majer teaches the apparatus according to claim 1, as set forth above.
Modified Majer does not disclose:
wherein said guide and slide means comprise a pair of guides stably coupled to said container and a pair of slides each sliding along a relative said guide and stably coupled to said first element; said slides carrying part of said hinge means.
However, Li discloses where the guide and slide means comprise a pair of guides stably coupled to the container and a pair of slides each sliding along a relative guide and stably coupled to the first support element (Page 6, Para. 2, “a sliding rail assembly 9 comprises a movable slide rail and the movable slide rail matched with the fixed slide rail, slide rail is mounted on the cabinet body 11 of the main body 112, the movable slide rail is mounted on the support frame 132 so as to support frame 132 can slide out of the second opening”), where the slides carry part of the hinge means (Page 6, Para. 2, “one end of second cabinet door 131 is provided with the support frame 132 by two spaced hinge 10”, where the slides carry the entirety of the first and second support elements, where the hinge is connected to both those elements and the slides would also carry the hinge). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the guide and slide means in modified Majer to have the features as taught by Li.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of being able to pull out the first support as well in order to improve the ease of maintenance for a user, as stated by Li, Page 6, Para. 2, “the other part is arranged on the support frame 132, so that when the printing module 4 needs to be maintained, it only needs the second door 131 to pull out from the second opening in support frame 132, may also rotate the second door 131 the second opening larger range of open, further improves the overhauling efficiency”.
Regarding claim 9, modified Majer teaches the apparatus according to claim 1, as set forth above, discloses wherein said support means further comprise a shelf coupled to said container above said second support element (Majer, Section 3, lines 39-41, “The fixed elements of the frame designed to define the containing compartment 4 are represented by two fixed plates
10, 11”); said shelf supporting storage tanks for soluble substances (Majer, Section 3, lines 61-64, “The assembly for preparing beverages is connected in a known way, via ducts not shown, to the storage tanks 17 of the soluble products which, as shown in FIG. 2, are disposed at the top end of the frame 1 and are fastened to it.”).
Regarding claim 10, modified Majer teaches the apparatus according to claim 1, as set forth above, discloses further comprising an assembly for producing espresso coffee (Majer, Section 4, lines 10-12, “assembly for preparing beverages, in addition to the components listed above, also comprises another unit 18 for preparing espresso coffee.”);
at least one component of said assembly for producing coffee being carried by said second support element (Majer, Section 4, lines 14-18, “The unit 18 for preparing espresso coffee, as shown in FIG. 4, is equipped with a grinder 19 operated by an electric motor 20 to grind the coffee beans and is supported, as shown in FIG. 4, on the supporting plate 5.”).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN GUANHUA WEN whose telephone number is (571)272-9940 and whose email is kevin.wen@uspto.gov. The examiner can normally be reached Monday-Friday 10:00 am - 6:00 pm.
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/KEVIN GUANHUA WEN/Examiner, Art Unit 3761
06/05/2026
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