Prosecution Insights
Last updated: July 17, 2026
Application No. 18/565,358

APPARATUS AND METHOD FOR ROASTING COFFEE BEANS

Non-Final OA §102§103§112
Filed
Nov 29, 2023
Priority
May 31, 2021 — EU 21176806.4 +1 more
Examiner
DODSON, JUSTIN C
Art Unit
Tech Center
Assignee
Nestlé S.A.
OA Round
1 (Non-Final)
46%
Grant Probability
Moderate
1-2
OA Rounds
1y 2m
Est. Remaining
82%
With Interview

Examiner Intelligence

Grants 46% of resolved cases
46%
Career Allowance Rate
179 granted / 386 resolved
-13.6% vs TC avg
Strong +36% interview lift
Without
With
+36.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
33 currently pending
Career history
426
Total Applications
across all art units

Statute-Specific Performance

§103
87.5%
+47.5% vs TC avg
§102
3.6%
-36.4% vs TC avg
§112
7.8%
-32.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 386 resolved cases

Office Action

§102 §103 §112
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 Status A preliminary amendment was filed 11/29/2023 presenting claims 1-8 and 10-13 as amended and claims 9 and 14-15 as cancelled. Claims 1-8 and 10-13 remain pending examination. 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 1-8 and 10-13 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 1, the limitation of “one or more sensors arranged to detect a condition of the air that surrounds the apparatus, wherein the condition comprises pressure of the air” creates confusion as it is unclear if each of the one or more sensors is arranged to detect the same air condition (i.e., pressure) or if each of the one or more sensors is arranged to detect different air conditions (e.g., temperature, humidity, etc.). Regarding claim 7, 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). For purposes of examination, the limitations following “such as” is considered optional limitations. Regarding claim 12, 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). For purposes of examination, the limitations following “such as” is considered optional limitations. 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. 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) 1-6, 8, 10, 11, and 13 is/are rejected under 35 U.S.C. 102((a)(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Hiromichi (US5257574) in view of Voges (US2019/0373940) Regarding claim 1, Hiromichi teaches an apparatus for roasting coffee beans (Abstract; Fig. 7, roasting device 2), the apparatus comprising: a chamber (roasting space 8) in which coffee beans can be received for roasting, a device (heater 16, air fan 30) for roasting the coffee beans received in the chamber (8), a control unit (74) configured to control the device (controls motor 28 driving van 30), and one or more sensors (sensors 84 and 86) arranged to detect a condition of the air that surrounds the apparatus, wherein the condition comprises pressure of the air (12:45-51; “pressure sensors 80, 84 for detecting a pressure value of the roasting space 8 and a pressure value around the roasting device 2 and temperature sensors 82, 86 for detecting a temperature value of the roasting space 8 and a temperature value around the roasting device 2 as detection means”), the control unit is configured to control the device based on the detected condition (12:45-64; detailing control based on received data from sensors 84 and 86), the device comprises a flow device (fan 30) arranged to generate a current of air in the chamber for roasting coffee beans, and the control unit (74) is configured to control, based on the detected pressure of the air, a parameter of the flow device relating to a flow rate and/or a fan speed, such that the flow rate and/or fan speed is decreased when the detected pressure of the air increases or the flow rate and/or fan speed is increased when the detected pressure of the air decreases (10:63-11:9, 11:48-60, and 12:45-64) (“control portion 74 is provided with the pressure sensors 80, 84 for detecting the pressure value of the roasting space 8 and the pressure value around the roasting device 2 as factors exerting influence upon the roasting state of the coffee beans, and based on the pressure values from the pressure sensors 80, 84, the control portion 74 controls the number of revolution of the combustion air motor 28 and the opening degree of the combustion air actuator 32, the opening degree of the dilution air actuator 44, etc. of the hot air supplying means to regulate the amount of exhaust gas, such that a differential pressure value between the pressure value of the roasting space 8 and the pressure value around the roasting device 8 becomes a predetermined differential pressure value preset as a target value.”) [Here, the controller 74 receives inputs from sensor 84 and 86 indicating ambient air conditions, including pressure, surrounding the roasting device 2 and, based on those inputs controls the revolutions of the fan 30 until the pressure becomes a target value. This would be understood by those in the art to mean that the fan speed is lower when the detected pressure is above the target value or the fan speed is lower when the detected pressure is below the target value]. While Hiromichi is understood to teach each claimed limitation, Hiromichi does not explicitly state that the control unit controls the air flow rate/fan speed such that the flow rate and/or fan speed is decreased when the detected pressure of the air increases or the flow rate and/or fan speed is increased when the detected pressure of the air decreases. Voges relates to a system for roasting coffee beans (Abstract; para. 0002-0003) and teaches an embodiment which a controller modifies processing instructions based on a location sensor that measures atmospheric pressure and that, based on the detected pressure, the controller causes a higher airflow rate at higher altitude (para. 0070) [Here, Voges teaches a controller that modifies processing instructions based on atmospheric pressure and that and higher altitudes would require a higher air flow rate. As such, one of ordinary skill in the art would understand that higher altitudes mean lower pressure and that the controller increases the airflow rate when the atmospheric temperature decreases. Similarly, Voges would also logically be understood to imply that lower altitudes, or higher ambient pressure, would need lower air flow rates]. Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Hiromichi with Voges, by modifying the fan control of Hiromichi, to increase the airflow rate as the ambient pressure decreases of Voges, for in doing so would provide a control methodology over the fan such that its output accurately reflects the detected ambient pressure, thereby ensuring that an appropriate air flow rate is provided based on the ambient pressure. Regarding claim 2, the primary combination teaches the claimed apparatus, as applied in claim 1, and further teaches [Hiromichi] wherein the control unit (74) is configured to control the device (fan 30) based on a pre-defined default control parameter (differential pressure value), and to adjust this parameter based on a difference between the detected condition and a pre-defined default condition related to the pre-defined default control parameter (adjusting the differential pressure value until it becomes a predetermined target value). Regarding claim 3, the primary combination teaches the claimed apparatus, as applied in claim 1, and further teaches [Hiromichi] wherein the apparatus stores, and/or is configured to retrieve, one or more roasting profiles (Figure 6; roasting profile is taken as the steps executed by the control unit 74 to roast the coffee beans), and wherein the control unit is configured to control the device (fan 30) based on the one or more roasting profiles and to adjust or adapt the one or more roasting profiles based on the detected condition (see steps 404-412 which continue until the calculated differential pressure value reaches the target value. The repeating steps amounts to adjusting the roasting profile based on the detected pressure). Regarding claim 4, the primary combination teaches the claimed apparatus, as applied in claim 1, and further teaches [Hiromichi] wherein the condition also comprises temperature (temperature sensor 86 detecting temperature outside of roasting apparatus 2), and/or humidity. Regarding claim 5, the primary combination teaches the claimed apparatus, as applied in claim 1, and further teaches [Hiromichi] wherein the one or more sensors are arranged to exclusively detect the condition (pressure sensor 84 detects ambient pressure around of apparatus 2, temperature sensor 86 detects ambient temperature surrounding apparatus 2). Regarding claim 6, the primary combination teaches the claimed apparatus, as applied in claim 1, and further teaches [Hiromichi] wherein the apparatus comprises a section that is subjected to or in contact with the air that surrounds the apparatus, and wherein at least one of the one or more sensors is arranged on the section (Fig. 7, roasting apparatus includes an outer housing with the sensors 86 and 84 arranged, directly or indirectly, on such housing) Regarding claim 8, the primary combination teaches the claimed apparatus, as applied in claim 1, and further teaches [Hiromichi] wherein the apparatus comprises a housing that houses at least the chamber and the device (Fig. 7, roasting apparatus includes an outer housing that housing roasting space 8, heater 16, and fan 30). Regarding claim 10, the primary combination teaches the claimed apparatus, as applied in claim 1, and further teaches [Hiromichi] wherein the device comprises a heating device (heater 16) arranged to heat up air (via air supplied via 18/26 and fan 30)) that is used in the chamber (roasting space 8) for roasting coffee beans, wherein the control unit (74) is configured to control, based on the detected condition, a parameter (heater regulator 38) of the heating device (12:45-64; “pressure sensors 80, 84 for detecting a pressure value of the roasting space 8 and a pressure value around the roasting device 2 and temperature sensors 82, 86 for detecting a temperature value of the roasting space 8 and a temperature value around the roasting device 2 as detection means for detecting factors exerting influence upon the roasting state of the coffee beans, the exhaust discharging means such as the exhaust motor 52, the exhaust actuator 56, etc. being controlled to regulate the amount of exhaust gas on a basis of the pressure values input from the pressure sensors 80, 84, the hot air supplying means such as the fuel regulating actuator 38, the combustion air motor 28, etc. being controlled to regulate the temperature value of hot air on a basis of temperature values input from the temperature sensors 82, 86, thereby to regulate such that the pressure value of the roasting space becomes a predetermined pressure value preset as a target value.”). Regarding claim 11, Hiromichi teaches the claimed apparatus, as applied in claim 1, and further teaches wherein the control unit (74) is configured to control the device (fan 30) Hiromichi is silent on the control unit controlling the device exclusively based on the detected ambient conditions. In other words, the difference between the system of Hiromichi and that of the claimed invention is that Hiromichi relies on sensor data from multiple sensors rather than just those detecting ambient conditions. Voges relates to a system for roasting coffee beans (Abstract; para. 0002-0003) and teaches an embodiment which a controller modifies processing instructions based on a location sensor that measures atmospheric pressure (para. 0070) [This embodiment does not teach any other sensor measuring other parameters]. Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Hiromichi with Voges, by reducing the number of sensors of Hiromichi, to use only the ambient sensors of Voges, for in doing so would provide a simpler control system having fewer components. Regarding claim 13, the primary combination teaches the claimed apparatus, as applied in claim 1, and further teaches [Hiromichi] wherein the apparatus is a home appliance apparatus (The roasting apparatus is an appliance. While Hiromichi does not explicitly state that the roasting apparatus is for home use, this distinction does not impart patentability to the claims as the claims do not recite any further structure or cooperative structural that makes the roasting apparatus an appliance specifically for home use. As such, the roasting apparatus of Hiromichi is structurally capable of being used in a home. See MPEP 2114). Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hiromichi in view of Voges (US2019/0373940) and Cretors (US 2011/0076372). Regarding claim 7, Hiromichi teaches the claimed apparatus, as applied in claim 1, except as wherein the apparatus comprises a thermally isolated section that is thermally isolated, such as by a thermal insulation, from the device and/or chamber, and wherein at least one of the one or more sensors is arranged on the thermally isolated section. Cretors relates to a similar system (Fig. 2) for producing puffed foods (such as popcorn) in which the food is placed within a chamber (122) and hot air (fan 108 and heater 110) is passed into the chamber to heat the food (para. 0003-0004 detailing flow through system). Cretors teaches using one or more temperature sensors (260) to sense the temperature of the air flowing in the system and that the sensors are coupled to a controller (262) that provides feedback control over the heating of the food (para. 0019). Cretors is, therefore, reasonably pertinent to the problem of using one or more sensors to detect an airflow condition and use such information to control the device. Cretors further teaches a thermally isolated section that is thermally isolated, such as by a thermal insulation, (para. 0019; “Various types of suitable insulation 214 known in the art can be placed between portions of the air plenum 112, the popping chamber 122, etc., and the outer walls of the cabinet 102 to reduce noise and heat losses during operation of the machine 100.”) from the device (fan 108/heater 110) and/or chamber (122), and wherein at least one of the one or more sensors (260) is arranged on the thermally isolated section (214) (para. 0019). Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Hiromichi, as modified by Volges, with Cretors, by adding to the chamber and/or device of Hiromichi, with the one or more sensors arranged on a thermally isolated section of Cretors, for in doing so would reduce noise and heat losses during operation and, as a result of the thermal insulation, allow for more accurate use of the one or more sensors. Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hiromichi in view of Voges (US2019/0373940) and Crawford (US 2020/0000138) Regarding claim 12, Hiromichi teaches the claimed apparatus, as applied in claim 1, and further teaches wherein the control unit is configured to bring the apparatus in a warning mode based on the detected condition, such as when the detected condition being the temperature of the air is above or below a defined value and/or when the detected condition being the humidity of the air is above or below a defined value. Crawford relates to cooking appliances (para. 0001) and is concerned with automatically controlling the appliance based on detected temperature (para. 0038 and 0040). Crawford teaches using a control unit (Fig. 5; controller 560) is configured to bring the apparatus in a warning mode (alert system 580) based on the detected condition (sensor system 570), such as when the detected condition being the temperature of the air is above or below a defined value and/or when the detected condition being the humidity of the air is above or below a defined value (para. 0040; “f these ranges are exceeded, the sensor system 570 sends an alarm signal to the alarm system 580 which in-turn alerts the user 601 via interface 504. Thresholds can be modified via the controller 560.”). Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Hiromichi, as modified by Volges, with Crawford by adding to the control unit of Hiromichi, with the alert system of Crawford, for in doing so would provide a means of alerting a user/operator when the detected condition exceeds a defined threshold. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN C DODSON whose telephone number is (571)270-0529. The examiner can normally be reached Mon.-Fri. 12:00-8:00 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, Steven Crabb can be reached at (571)270-5095. 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. /JUSTIN C DODSON/Primary Examiner, Art Unit 3761
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Prosecution Timeline

Nov 29, 2023
Application Filed
Jun 22, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
46%
Grant Probability
82%
With Interview (+36.1%)
3y 10m (~1y 2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 386 resolved cases by this examiner. Grant probability derived from career allowance rate.

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