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
Claims 1-15 are objected to because of the following informalities:
Claim 1, line 7 of the claim reads “dispensing end direct dispensing” and should read “dispensing end directly dispensing”;
line 9 of the claim still has element number (8) for the air inlet conduit while all other element numbers have been amended out.
Claim 10 has all element numbers in the claim while the other claims have the numbers amended out.
Claim 14, line 1 of the claim reads “according to any claim 11” and should read “according to claim 11”.
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.
Claim 1 has the limitation “a means for the activation in rotation of said mechanical stirrer”, the structure found in the Specification to support the claimed function is found in para. [0064]: “activation means 12 comprises a wheel 26 coaxial to the mechanical stirrer 10 … and a drive motor 28 for driving the wheel 26”.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation recites sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation is:
Claim 10 has the limitation “a valve means”, this limitation is being interpreted as “a valve”.
Because this claim limitation is not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it is not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this limitation 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 to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation does not recite sufficient structure, materials, or acts to perform the claimed function.
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.
Claims 1, 3, and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over “Volz” (US 20100326284) in view of “Stingelin” (DE-102012007517). Please see attached machine translated copy of Stingelin for paragraph numbers.
Regarding claim 1, Volz teaches a milk frothing device (Abstract), comprising: a milk container having at least one bottom (Fig. 4, container 14), a removable lid (lid 22) closing the milk container, a support base (base 12) supporting the milk container, a rotatable mechanical stirrer (stirring device 24) positioned inside said milk container frothing the milk (Para. [0034]), a milk heater (Paras. [0043]-[0046]), and a means for the activation in rotation (electric motor 28) of said mechanical stirrer housed in said support base (Para. [0038]).
Volz does not expressly disclose a hermetically sealed lid, a dispensing conduit dispensing frothed milk comprising a portion internal to the milk container which extends towards said bottom of the milk container and a portion external to said milk container having a downward dispensing end direct dispensing into a cup, an air inlet conduit inletting air into the milk container, a supplier of compressed air to the air inlet conduit (8) ejecting the frothed milk contained in said milk container through said dispensing conduit.
PNG
media_image1.png
583
725
media_image1.png
Greyscale
However, Stingelin also discloses an automatic milk frothing device (Fig. 2c, Para. [0001]: “a milk froth coffee supply device”), with a removable hermetically sealed lid (screw-on lid 50), a dispensing conduit (riser pipe 51) dispensing frothed milk comprising a portion internal to the milk container which extends towards said bottom of the milk container (Fig. 2c and para. [0081]) and a portion external to said milk container having a downward dispensing end direct dispensing into a cup (Figs. 2b-2d, para. [0084]: “milk froth milk container 42 accommodated in the receiving chamber 65 is in flow connection with a milk froth dispensing valve via a line connection 72”, para. [0087]: “drinking vessel 84 fillable with milk froth 83”), an air inlet conduit (Fig. 2c shows an arrow directing air into valve 53) inletting air into the milk container, a supplier of compressed air to the air inlet conduit (8) ejecting the frothed milk contained in said milk container through said dispensing conduit (Para. [0081]: “a result of the propellant introduced, the liquid held in the container is under pressure … which is heavier than the propellant introduced is always pressed with a specific gas pressure corresponding to the arrow 55 via the riser pipe 51 in the direction of the associated dispensing valve”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the pressurized milk froth dispensing system of Stingelin with the milk frothing device of Volz. One of ordinary skill would have included the system of Stingelin in order to provide a means for dispensing frothed milk into a cup “in a functionally reliable and high-quality manner” (Para. [0009]).
Regarding claim 3, Volz further teaches said at least one bottom is made of a metal material (Para. [0043] and claim 3: “the container as a whole (14) being at least in part made of ferromagnetic and/or electrically conductive material”) and said heater comprises an electric heater housed in said support base (Paras. [0042]-[0045]).
Regarding claim 7, Stingelin also discloses said lid supports said air inlet conduit (See Fig. 2b above).
Regarding claim 8, Volz further teaches comprising a magnetic transmission for transmitting movement from said activation means to said mechanical stirrer (Para. [0023]: “stirring device is swivel-coupled to the motor via a contact-less magnetic coupling”).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over “Volz” (US 20100326284) in view of “Stingelin” (DE-102012007517) as applied to claim 1 above, and further in view of “Broennimann” (US 2011/0311694).
Regarding claim 2, Volz and Stingelin do not expressly disclose said frothed milk dispensing conduit has an inner diameter between 8 mm and 20 mm.
However, Broennimann teaches a milk frothing device (Abstract), wherein said frothed milk dispensing conduit has an inner diameter between 8 mm and 20 mm (Para. [0029]: “the nozzle has an outflow diameter of between 2 and 15 mm, preferably of approximately 6 mm to 8mm”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the same outflow diameter of Broennimann in the milk frothing device of Volz and Stingelin. One of ordinary skill would have been motivated to include the outflow diameter of Broennimann in order to “ensure good froth distribution irrespective of the size of the cup” (Para. [0029]).
Claims 1, 4, and 9-13 are rejected under 35 U.S.C. 103 as being unpatentable over “Ait Bouziad” (US 2013/0319259) in view of “Boussemart” (US 2011/0146500).
Regarding claim 1, Ait Bouziad teaches a milk frothing device (Abstract, para. [0037]: frothing device 1), comprising:
a milk container having at least one bottom (Figs. 1-3, milk reservoir 3), a removable lid hermetically closing the milk container (Para. [0024]: “[t]he milk frothing device may be made of two parts and/or subassemblies … an active part, such as a part comprising the pressurised gas supply arrangement … that is mechanically disconnectably connected to an inert part, such as an inert part comprising or forming the milk reservoir”), a support base supporting the milk container (Para. [0080]: base 150),
a dispensing conduit (Para. [0037]: milk conduit 36’) dispensing frothed milk comprising a portion internal to the milk container which extends towards said bottom of the milk container and a portion external to said milk container having a downward dispensing end direct dispensing into a cup (Fig. 3, para. [0051]), an air inlet conduit inletting air into the milk container, a supplier of compressed air to the air inlet conduit (8) ejecting the frothed milk contained in said milk container through said dispensing conduit, a milk heater (Para. [0045]).
Ait Bouziad does not expressly disclose a rotatable mechanical stirrer positioned inside said milk container frothing the milk, and a means for the activation in rotation of said mechanical stirrer housed in said support base.
However, Boussemart also teaches a milk frothing device (Abstract, Fig. 1), with a rotatable mechanical stirrer (Para. [0050]: stirrer 8) positioned inside said milk container (Para. [0046]: tank 10) frothing the milk (Para. [0050]: “air in the form of bubbles is mechanically incorporated into the liquid by the action of stirrer 8”), and a means for the activation in rotation (Paras. [0055]-[0056]: electric drive arrangement 5) of said mechanical stirrer housed in said support base (Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the milk frothing device of Ait Bouziad with the rotatable mechanical stirrer as taught by Boussemart. One of ordinary skill would have included the mechanical stirring feature of Boussemart in order to “increase the flexibility and user-adaptability, the appliance can be arranged to be user-configurable for incorporating air and steam simultaneously and/or sequentially while frothing the milk-containing liquid” (Para. [0034]).
Regarding claim 4, Ait Bouziad further teaches wherein said heater comprises a steam generator comprising a supply conduit (Para. [0050]).
Regarding claim 9, Ait Bouziad further teaches comprising a milk temperature sensor (Para. [0022]: “frothing device may include a control unit for controlling at least one of a sensor (e.g. a temperature sensor)”).
Regarding claim 10, Ait Bouziad further teaches comprising a conduit (Fig. 3, para. [0063]: exhaust gas line 43) for connecting the air inlet conduit to the atmospheric environment external to said container (Para. [0063]: “for immediate release 46 of pressurized propelling gas 48 from milk reservoir 3”), and a valve means for the opening and closing of said connection conduit (Para. [0063]: “a val[v]e 43’ controlling evacuation gas 46”, para. [0069]: exhaust valve 43’).
PNG
media_image2.png
920
808
media_image2.png
Greyscale
Regarding claim 11, Ait Bouziad further teaches a coffee machine (beverage machine 100) having the milk frothing device according to claim 1 (Fig. 3, para. [0061]: “at least partly incorporated into a machine 100 for preparing a beverage such as coffee”).
Regarding claim 12, Ait Bouziad further teaches said supplier of compressed air comprises an air pump housed inside said coffee machine (Fig. 3, para. [0052]: “a pump 45 for pressurizing gas, such as air”).
Regarding claim 13, Ait Bouziad further teaches said support base is positioned in front of a front outer wall of said coffee machine (Fig. 3) provided with a temperature sensor (Para. [0022]: “a temperature sensor”), a pneumatic connector (Fig. 3) connecting said air inlet conduit (injection gas conduit 42) to said air supplier (pump 45), and an electrical connection connecting said activation means to an electric power supply housed inside said coffee machine (Para. [0028]).
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over “Ait Bouziad” (US 2013/0319259) in view of “Boussemart” (US 2011/0146500) as applied to claim 1 above, and further in view of “De’Longhi” (US 2021/0076869).
Regarding claims 5 and 6, Ait Bouziad and Boussemart do not expressly disclose wherein said lid is removable from said milk container together with said frothed milk dispensing conduit and said mechanical stirrer; and
wherein said lid supports said frothed milk dispensing conduit, and said internal portion of said frothed milk dispensing conduit externally supports said mechanical stirrer.
PNG
media_image3.png
861
557
media_image3.png
Greyscale
However, De’Longhi teaches a similar milk frothing device (Abstract, Figs. 1a and 1b, milk frother 1), wherein said lid is removable (Fig. 7) from said milk container (Para. [0059]) together with said frothed milk dispensing conduit (external dispenser 4) and said mechanical stirrer (Para. [0059] describes an upper portion constituting a lid that is removable together with a dispensing conduit and mechanical stirrer); and
PNG
media_image4.png
575
706
media_image4.png
Greyscale
wherein said lid supports said frothed milk dispensing conduit, and said internal portion of said frothed milk dispensing conduit externally supports said mechanical stirrer (Para. [0046]: “the rotation shaft 13 extends within the connecting channel 5 towards the outlet pathway 5b of the connecting channel 5”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the milk frothing device of Ait Bouziad and Boussemart by integrating the impeller, the transfer channel, and the dispensing spout into the removable lid as taught by De’Longhi. De’Longhi teaches this is appropriate for a milk frothing device and it would facilitate a way to clean the impeller and transfer channel by making them easily removable.
Allowable Subject Matter
Claims 14 and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 14, Ait Bouziad discloses a user interface (Para. [0067]: user-interface 101) for selecting at least a quantity of dispensed frothed milk, a type of milk and a degree of frothing (Para. [0022]: “a control unit for controlling at least one of a sensor (e.g. a temperature sensor), a regulator, a heater and a pump. A user-interface may be connected to the control unit to allow a user to choose between different frothing programs, e.g. for generating different types of milk froth, e.g. cold or warm milk froth, firm or flowing milk froth, small or large size bubble milk froth, etc.”).
Ait Bouziad and Boussemart do not disclose a data archive that supplies for the quantity of dispensed frothed milk selected a first association between milk type and rotation speed of the mechanical stirrer, and a second association between the degree of frothing and the activation time of the mechanical stirrer, and an electronic controller programmed to acquire a selection of at least a quantity of frothed milk dispensed, a type of milk and a degree of frothing and to control the dispensing of a quantity of frothed milk selected by the activation of said mechanical stirrer with the rotation speed associated with the type of milk selected and for a duration associated with the selected degree of frothing.
None of the cited prior art suggest or make obvious a milk frothing device with the ability to control a quantity, type, and degree of dispensed frothed milk by utilizing a database of associations as described above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL W HATTEN whose telephone number is (703)756-1362. The examiner can normally be reached M-F 10-6 (EST).
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 at (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.
/DANIEL WARD HATTEN/Examiner, Art Unit 3761
/TOPAZ L. ELLIOTT/Primary Examiner, Art Unit 3761
Prosecution Insights