DETAILED ACTION
The amendment filed November 28, 2023 has been entered. Claims 1-5, 7, 9-10, 13, 15, 18-20, 24-29, and 31 remain pending.
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 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 limitation “sealing element” invokes 35 U.S.C. 112(f) because the limitation recites a function and a generic placeholder (“element”) without reciting sufficient structure for performing the function.
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.
Claim 25 is 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. Claim 25 is a “use” claim which recites a process without setting forth any steps involved in the process, rendering the claim indefinite. See MPEP 2173.05(q).
Claim Rejections - 35 USC § 103
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 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 1-5, 7, 9-10, 18-20, 24-27 and 31 are rejected under 35 U.S.C. 103 as being unpatentable over Freezio in view of US Patent Application Publication 2017/0050785 to Roth et al. (Roth).
Regarding claim 1, Freezio in the embodiment of Figs 3a-g discloses a cartridge system (1) for making a beverage (70), wherein the cartridge system (1) is insertable into a beverage preparation machine (3), wherein the cartridge system (1) has a cartridge (2), which comprises a reservoir (6) filled with a beverage substance (7), and a cartridge receptacle (10), wherein the cartridge receptacle (10) comprises a mixing chamber (8), which can be fluidically connected to the reservoir (6), and a fluid feed (12), which opens into the mixing chamber (8), and a sealing element (18). Freezio does not disclose the cartridge is reclosable by means of the sealing element. Roth teaches a cartridge system for preparing a beverage including a cartridge (106) having a sealing element (valve 109 which opens in response to pressure in the cartridge; Applicant’s disclosed “sealing element” can be a pressure responsive valve) by means of which the cartridge is reclosable (when the valve begins closed and has been opened and then closed again). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the cartridge of Freezio according to the teachings of Roth such that the cartridge can be deformed to increase pressure therein and the sealing element is a reclosable valve, such that a plurality of doses of the additive can be supplied from the cartridge. Such an arrangement allows a user to save a portion of the additive for later use, allows for the cartridge to be refilled and reused (thereby reducing waste), allows for the user to dispense only the desired amount of additive from the cartridge, and removes the need for a piercing spike to open the seal.
Regarding claim 2, Freezio as modified by Roth further discloses the cartridge is closed in an initial state of the cartridge system (in both documents, the cartridge is initially closed by the sealing element), wherein the cartridge is open such that a fluidic connection between the reservoir and the mixing chamber is formed (when the cartridge is opened, it is in fluid communication with the mixing chamber) in a preparation state of the cartridge system, and wherein the cartridge is closed in a reclosure state of the cartridge system after the preparation state (as modified to include the valve of Roth, after dispensing additive from the cartridge, the valve closes; see Roth, paragraphs [0028], [0031], and [0039]).
Regarding claim 3, Freezio as modified by Roth further discloses wherein the cartridge is open such that a fluidic connection between the reservoir and the mixing chamber is formed, in a further preparation state of the cartridge system after the reclosure state (when the valve is opened a second time, to dispense a second dose of the additive either to the same beverage or to a second beverage being prepared).
Regarding claim 4, Freezio as modified by Roth further discloses the beverage substance that is present in the reservoir in the initial state of the cartridge system comprises at least one first portion and one second portion (a first dose of the substance and a second dose of the substance both contained in the cartridge),wherein the first portion of the beverage substance passes from the reservoir into the mixing chamber in the preparation state of the cartridge system (the first actuation of the valve to an open state in which the first dose is dispensed), wherein the second portion of the beverage substance passes from the reservoir into the mixing chamber in the further preparation state of the cartridge system (the second actuation of the valve to an open state in which the second dose is dispensed).
Regarding claim 5, Freezio as modified by Roth further discloses the cartridge is closed at its side situated opposite a cartridge base by the sealing element in the initial state of the cartridge system (in both Freezio and Roth, the cartridge is closed by the sealing element at a side opposite the base; the cartridges are inverted when placed in the receptacle, so the base is at the top after insertion; see Figs. 3a-b of Freezio), and wherein the cartridge is closed at its side situated opposite the cartridge base by the sealing element in the reclosure state of the cartridge system (when the valve is closed, the side opposite the base is closed by the valve).
Regarding claim 7, Freezio as modified by Roth discloses the sealing element comprises a reclosable region and/or a reclosable closure means (pressure responsive valve 109 of Roth). This limitation is already included in the combination as set forth regarding claim 1.
Regarding claim 9, Freezio as modified by Roth discloses wherein the reclosable closure means is designed such that the reclosable closure means opens and/or closes according to a pressure in the reservoir (Roth, [0028]), such that the reclosable closure means is open above a threshold value of a pressure in the reservoir and is closed below the threshold value of the pressure in the reservoir. This limitation is already included in the combination as set forth regarding claim 1.
Regarding claim 10, Freezio as modified by Roth discloses the reclosable region and/or the reclosable closure means is closed in the initial state of the cartridge system (the valve is closed until pressure in the cartridge increases), wherein the reclosable region (192) and/or the reclosable closure means is open such that the fluidic connection between the reservoir (6) and the mixing chamber (8) is formed by means of the reclosable region and/or the reclosable closure means, in the preparation state of the cartridge system (when preparing a beverage, the valve is opened to create a fluid connection between the reservoir and mixing chamber), and wherein the reclosable region and/or the reclosable closure means is closed in the reclosure state of the cartridge system (when the valve is close again after dispensing at least some of the fluid from the cartridge; [0039] of Roth). These limitations are already included in the combination as set forth regarding claim 1.
Regarding claim 18, Freezio as modified by Roth discloses a beverage preparation machine (3) comprising a cartridge system (1) as claimed in claim 1 (see above).
Regarding claim 19, Freezio as modified by Roth further discloses a method for producing a cartridge system of claim 1, wherein the cartridge is formed in a first method step (injection-blow molding process), wherein the sealing element (18) is fastened to the cartridge in a second method step (the step of sealing the sealing element 18 to the mouth of the cartridge).
Regarding claim 20, Freezio as modified by Roth further discloses the cartridge is directly or indirectly connected to the cartridge receptacle in a third method step (the cartridge is only inserted into the receptacle after having been formed, filled and sealed).
Regarding claim 24, Freezio as modified by Roth further discloses the sealing element (18) is crimped, adhesively bonded, sealed (Freezio, page 19, lines 20-25; the valve of Roth can likewise be sealed to the cartridge wall) and/or welded to a cartridge wall of the cartridge during the second method step.
Regarding claim 25, Freezio as modified by Roth further discloses a method for using a cartridge system (1) as claimed in claim 1 for making a beverage (the system of Freezio is used to make beverages).
Regarding claim 26, Freezio as modified by Roth further discloses wherein the cartridge is closed in an initial state of the cartridge system (in the initial state, the valve is closed, closing the cartridge), wherein the cartridge is transferred into a preparation state of the cartridge system in a first use step, wherein the cartridge (2) is open such that a fluidic connection between the reservoir (6) and the mixing chamber (8) is formed, in the preparation state of the cartridge system (the valve is opened creating a fluid connection between the reservoir and the mixing chamber), wherein the beverage (70) is prepared in the preparation state of the cartridge system (substance from the cartridge is dispensed and mixed to create the beverage), wherein the cartridge (2) is transferred into a reclosure state of the cartridge system in a second use step after the preparation state, wherein the cartridge is closed in the reclosure state of the cartridge system (when the valve returns to the closed position and recloses the cartridge).
Regarding claim 27, Freezio as modified by Roth further discloses the cartridge is transferred into a further preparation state of the cartridge system in a third use step after the reclosure state, wherein the cartridge is open such that a fluidic connection between the reservoir (6) and the mixing chamber (8) is formed, in the further preparation state of the cartridge system (when the valve has been opened a second time for dispensing a second dose of the additive into a second beverage), wherein a further beverage is prepared in the further preparation state of the cartridge system (making a second beverage from a second dose of additive within the cartridge).
Regarding claim 31, Freezio as modified by Roth further discloses the sealing element comprises a reclosable region and/or a reclosable closure means (pressure responsive valve 109 of Roth), wherein the reclosable region and/or the reclosable closure means is closed in the initial state of the cartridge system (the valve is initially closed), wherein the reclosable region and/or the reclosable closure means is open in the first use step, wherein the reclosable region and/or the reclosable closure means is open such that the fluidic connection between the reservoir (6) and the mixing chamber (8) is formed by means of the reclosable region and/or the reclosable closure means in the preparation state of the cartridge system (when the beverage is being prepared, the valve opens creating a fluid connection between the reservoir and mixing chamber), wherein the reclosable region and/or the reclosable closure means is closed in the second use step, wherein the reclosable region and/or the reclosable closure means is closed in the reclosure state of the cartridge system (when the valve returns to the closed position and the cartridge is reclosed), wherein the reclosable region and/or the reclosable closure means is open in the third use step, wherein the reclosable region and/or the reclosable closure means is open such that the fluidic connection between the reservoir (6) and the mixing chamber (8) is formed by means of the reclosable region and/or the reclosable closure means in the further preparation state of the cartridge system (when the valve is opened a second time for dispensing a second portion of the additive either to the same beverage or to a second beverage being prepared).
Allowable Subject Matter
Claims 13, 15, and 28-29 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: the cited prior art documents do not disclose the arrangement of claims 13 or 28. While retractable spikes are known in the art, there is no reason one of ordinary skill in the art would modify the cited documents to include such a spike, as the sealing element is opened by internal pressure in the cartridge rather than by being pierced.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and claimed invention.
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/NICOLAS A ARNETT/Primary Examiner, Art Unit 3753 September 10, 2025