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 .
Election/Restrictions
Applicant's election with traverse of group 1, claims 1-5 in the reply filed on 8/24/2026 is acknowledged. The traversal is on the ground(s) that the prior art does not teach the technical feature of the claimed conveyor. This is not found persuasive because Gratzup discloses a conveyor as cited and disclosed in restriction requirement. While the art does not use the claim language, the structure relied on would read on the claimed conveyor. Further, see prior art relied on in current office action.
The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claims 1-5 are objected to because of the following informalities:
Claim 1 recites, “at least a perforator” and “at least a striker”. It is recommended that the language “at least” be removed as it does not appear to be a necessary to the understanding of the claim.
Claim 1 recites, “said device for opening capsules for beverages”. This language does not appear to be necessary as it merely refers back to the entire claim.
Claim 3 recites, “inclined plan” and should be amended to “inclined plane”.
Claim 4 recites, “la capsule” and should be amended to “the capsule”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-5 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.
The term “substantial correspondence” in claim 1 is a relative term which renders the claim indefinite. The term “substantial correspondence” 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. It is unclear what amounts to the claimed correspondence and further what would then read on a substantial correspondence.
The term “substantial communication” in claim 1 is a relative term which renders the claim indefinite. The term “substantial communication” 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. It is unclear what amount of communication would read on substantial communications. For example, would such communication be achieved by vapor passage and what amount would be necessary to read on substantial (a leak?).
Regarding claim 1, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 1 recites the limitation "the capsule for beverages" in line 4. There is insufficient antecedent basis for this limitation in the claim. The preamble recites a plurality of capsules and does not provide antecedent support of which singular capsule is being referred to.
Regarding claims 3-4, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-5 are rejected under 35 U.S.C. 102(a1) as being anticipated by Pirone (PGPub# US 2015/0272373 A1).
Regarding claim 1, Pirone teaches a device for opening capsules for beverages (abstract, figure 2), the opening device comprising: at least a perforator 221 and configured to perforate at least one between a head portion, a bottom portion or a lateral wall of the capsule 21 for beverages, realizing an opening such as to put an inner cavity of said capsule for beverages, within which is contained a substance under pressure, in substantial communication with an outer environment (par. 47-50: 221 pierces 211), at least a striker 23 configured to retain the capsule for beverages in a predetermined position, wherein the device for opening capsules is configured to vary a relative position between the capsule for beverages and the perforator at least between a first position wherein the perforator is positioned at a distance from the capsule for beverages and a second position wherein the perforator is positioned at least partially within said capsule for beverages, protruding itself inside the inner cavity (par. 47-50, 87-90), said device for opening capsules for beverages comprising a conveyor 40 positioned in substantial correspondence of the perforator 221 to realize a seal in substantial correspondence of said opening and configured to convey at least part of the substance along a predetermined direction or path of injection of the substance in a container for a beverage, such as to discharge the pressure present in the inner cavity of the capsule for beverages toward said predetermined direction or path of injection (par. 47-50, 87-90: 221 pierces 211 to convey material A from 21 into container C.).
Regarding claim 2, Pirone teaches wherein the perforator is movable between a first position wherein the perforator is positioned at a distance from the capsule for beverages and a second position wherein the perforator is positioned at least partially within said capsule for beverages, protruding into the inner cavity or, alternatively, the striker is movable between a first position such as to put the perforator at a distance from the capsule for beverages and a second position such as to put the perforator at least partially within said capsule for beverages, protruding itself inside the inner cavity. (par. 47-50, 87-90: Actuator 25 moves striker 23 such that 221 pierces 211 to convey material A from 21 into container C.).
Regarding claim 3, Pirone teaches wherein the striker 23 is substantially opposed to said perforator 221 or wherein the striker is positioned in substantial correspondence of said perforator, and wherein the striker extends, at least partially, along a substantially inclined plan, in particular substantially orthogonal, with respect to a line joining the first position relatively assumed between the capsule for beverages and the perforator and the second position relatively assumed between the capsule for beverages and the perforator. (figure 2: Striker 23 is opposed and to perforator 221 similar as shown in applicants drawings.)
Regarding claim 4, Pirone teaches wherein the device for opening capsules for beverages is configured to vary a relative position between the capsule for beverages and the perforator by means of a substantially axial translation between the capsule for beverages and the perforator along a translation axis (figure 2, par. 47-50, 87-90: Actuator 25 moves striker 23 such that 221 pierces 211 to convey material A from 21 into container C.).
Regarding claim 5, Pirone teaches at least a first pusher 25 configured to push the capsule for beverages against said striker, and wherein: said pusher is configured to push the bottom portion of the capsule for beverages against said striker, and wherein the pusher is movable relatively to said capsule for beverages at least between a first position of substantial disengagement with respect to the capsule for beverages and a second position of substantial engagement with the capsule for beverages, and/or said striker is configured to engage the capsule for beverages in substantial correspondence of the bottom portion, and/or the perforator is configured to engage the capsule for beverages in substantial correspondence of the head portion. (figure 2, par. 47-50, 87-90: Actuator 25 moves striker 23 such that 221 pierces 211 to convey material A from 21 into container C.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IBRAHIME A ABRAHAM whose telephone number is (571)270-5569. The examiner can normally be reached 9AM-5PM EST M-F.
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, Marivelisse Santiago-Cordero can be reached at 571-272-7839. 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.
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761
