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 .
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 11/17/2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 1 is objected to because of the following informalities: in line 10, there is an ending period, it is suggested to replace the ending period with a comma. 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 an 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.
Regarding claim 24, claim limitation “identification means for identifying which pod” in the 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.
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.
In this case, “means” being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents as disclosed para 0059“the identification means, which comprises a unique visual indicator 80, located on each pod 20, for identifying uniquely the contents of each pod 20. In an embodiment, the visual indicator 80 takes the form of a QR code. However, it will be appreciated by the expert in the field that, in other embodiments of the invention (not depicted), the visual indicator 80 would take the form of a bar code, a unique colour, a unique pattern, a unique visual signature, and a combination of these. The identification means further includes a reader 90 which compliments the particular selection of visual indicator 80—so, for example, in an embodiment of the invention in which the visual indicator 80 is a QR code, the reader 90 is a QR reader may then be a corresponding reader capable of reading the particular visual indicator”.
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 24-45 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 24, in lines 12 and 14, the term “appropriate” is a relative term which renders the claim indefinite. The term “appropriate” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Claims 25-45 are also rejected as being dependent upon claim 24.
Allowable Subject Matter
Claim 24 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. Claims 25-45 are also objected as being dependent upon claim 24.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 24, Vicker (US 5134924 A) discloses an intelligent hot beverage maker (see automatic coffee or like beverage making machine in Fig. 2), the maker comprising:
a beverage machine (see housing 10);
at least one magazine (see delivery shoot 36 in Fig. 2), for the storage of multiple beverage pods (see packets 20 in Fig. 10);
a slot (see pocket 30 in Fig. 9), through which a pod (20) passes from the magazine (36) into the beverage machine (see Fig. 10);
an actuator (see first drive means 59 in Fig. 1 and Fig. 5), for forcing a pod through the slot selectively (see Fig. 1), the actuator comprising a motor (see motor 61 in Fig. 5), for swivelling the magazine about a fixed point (see Fig. 5), at least one rod (see delivery head 34 in Figs. 6-7), for urging pods selectively into the beverage machine (see Figs. 6-7), each rod (34) associated uniquely with an associated pod (see Figs. 6-8); and
with each rod (34) between movable selectively between a deployed position (see Fig. 6), in which free motion of the magazine is permitted (see Fig. 6), and a retracted position (see Fig. 7), in which the selected pod is compelled to pass through the slot (see Fig. 7)), and
intelligent software (see control means) for determining the appropriate timing for the actuation of the push rod into the stowed position selection means (disclosed in Col. 8 lines 2-19 “The control means includes a timing means and a switching means. These in turn are defined by a first micro switch structure 80 powered by a conventional power source through a conductor 82 and carried on the support frame 64 so as to reciprocate with the delivery head 34. An activating button 84 serves to trick the micro switch 80 which in turn controls a first timer means. The first timer means in turn regulates the activation of the drive motor 61 and determines the instigation of the downward stroke of the delivery head 30 and how much time the delivery head 30 is maintained in the engaging position as shown in FIGS. 19 and 20. Such time must be sufficient to allow the delivery of liquid through the activation of the pump means 52 from the liquid supply 50 into and through the delivery head 34. Further, such time must be sufficient to allow the withdrawal of any waste fluid as explained with regard to FIG. 20”).
Vicker does not explicitly disclose, the magazine being dimensioned and configured to fasten releasably to the beverage machine and the intelligent software is for selecting between beverages on a given menu with identification means, for identifying which pod in the magazine is appropriate for a given beverage selection, wherein selection means may be manipulated remotely, and by multiple users simultaneously.
Jarisch (US 20070246478 A1) teaches, the magazine (see removable tubes 2 in Fig. 3) being dimensioned and configured to fasten releasably to the beverage machine (see Fig. 3), and intelligent software is for selecting between beverages via the selection of the user in which the selected pod is dispensed, wherein selection means may be manipulated remotely, and by multiple users simultaneously (disclosed in para 0063 “the control means may be activated simultaneously or successively in order to allow more than one capsule to be dispensed from different tube and housing arrangements. The simultaneous or successive activation of the control means may be performed, by a monitoring means, following payment corresponding to the number of capsules desired via payment means 14. Depending on the amount paid, a whole number of pulses is recorded by an electronic counter which keeps the control means activated until this whole number has been reached. It is thus possible to dispense a number of capsules from different tubes/housings simultaneously; this makes the device more user-friendly, more practical and more rapid”).
However, Jarsch teaches the beverage capsules dispensing machine not the automatically beverage maker
Agon (US 20150238043 A1) teaches, identification means, for identifying the pods (disclosed in para 0036 “The type for the detected capsule is determined using information provided by the sensing arrangement, or information allowing the feedback element to determine a type for the detected capsule, such as its spectral property, electrical property, electromagnetic property, emitted or reflected signal, color, resistivity, capacitance, variation of the magnetic field, magnetic induced field, geometry, code bar, identifier, signal, electromagnetic echo, weight, and mechanical parameter”).
Hence, the modification of Jarsch and/or Agon to make the magazine being dimensioned and configured to fasten releasably to the beverage machine and the intelligent software is for selecting between beverages on a given menu with identification means, for identifying which pod in the magazine is appropriate for a given beverage selection, wherein selection means may be manipulated remotely, and by multiple users simultaneously to reach the claimed invention would be unreasonable and based on hindsight since there is no suggestion or motivation in the references to indicate obviousness in such extensive changes to Vicker. No additional evidence was found to reasonably render a case of obviousness against the claimed invention. As such, claim 24 is allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VY T NGUYEN whose telephone number is (571) 272-6015. The examiner can normally be reached Monday-Friday approx. 9:00 am-5:00 pm ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached on (571) 270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/VY T NGUYEN/Examiner, Art Unit 3761
