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 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.
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.
Claim(s) 1-4, 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lloret Such et al (US 2014/0298999) hereinafter referred to as “Such”, in view of Gunduz et al (WO 2018/202469) as cited by applicant, and Hunte (US 8,230,774).
Regarding claim 1, Such discloses, a system for pressure-brewing ground coffee, comprising a brewing device and a replaceable container 11 with ground coffee to be brewed, wherein the brewing device comprises a brewing assembly equipped with a brewing chamber to which leads an assembly for feeding hot pressurized water by means of a stationary rear piston 2 equipped with a shower element for conveying hot water (see Fig. 5), and wherein the brewing chamber is provided with a front piston 10 actuated by a movement of the brewing chamber body, which front piston has a surface configured for evenly distributing hot water under the strainer (see Fig. 5) which has spatial embossments 15 to improve water flow, and the front piston 10 further comprises a check valve 16, behind which there is a spout conduit discharging a brewed infusion (see Fig. 4).
Such fails to disclose, a seat with means for cutting the lid of the container and adapted for receiving containers with finely divided food substance, which seat is connected to a horizontally arranged dispensing assembly that guides the food substance to the brewing assembly, which dispensing assembly is provided with a feeder, preferably a screw feeder, actuated by a motor, wherein a feeder outlet leads directly to the brewing assembly.
Gundaz discloses, a seat 5 with a cutting means 7 and 8 for enabling cutting and stripping the foil lid off the container. (See Abstract and Figs 5-8) Fig 6 shows the seat is connected to a dispensing assembly for guiding the food substance to the brewing assembly. Regarding claim 4, the cutting means is a plurality of knives. (See Fig 7)
Hunte discloses, using a feeder (auger) actuated by a motor for moving the food substance. (See Column 6, Line 49 – Column 7, Line 10)
It would have been obvious to a person having ordinary skill in the art at the time of the invention to adapt Such in view of Gundaz and Hunte to provide a seat with means for cutting the lid of the container and adapted for receiving containers with finely divided food substance, which seat is connected to a horizontally arranged dispensing assembly that guides the food substance to the brewing assembly, which dispensing assembly is provided with a feeder, preferably a screw feeder, actuated by a motor, wherein a feeder outlet leads directly to the brewing assembly, for opening the container and moving the food substance to the brewing chamber.
Regarding claims 2-3, the capsule may be paper and hermetically sealed with a foil top. (See Paragraph [0009]) Regarding claim 7, the parts are made from heat resistant plastic. (See Paragraph [0005]) Selecting a known material on the basis of its suitability is considered to be within the skill of a worker in the art.
Allowable Subject Matter
Claims 5-6, 8-9 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN W JENNISON whose telephone number is (571)270-5930. The examiner can normally be reached M-Th 9-5.
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.
/BRIAN W JENNISON/Primary Examiner, Art Unit 3761 8/21/2026
Prosecution Insights