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
Claim 21 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 07/14/2025.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 8, 10, 12, 14-17, 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lassota (US 7717026) .
Lassota (US 7717026) discloses in reference to claim:
1. An automatic machine 20 for preparing infusion beverages, the automatic machine comprising:
a housing (implied, also see 66); an infusion vessel 49 insertable into the housing and having a lower inner surface and a lateral inner surface (see Fig. 2), which together define an interior space for receiving infusion material and water, and an outlet opening 88; an outlet (see dotted lines connected to valve 90) conduit connectable to the outlet opening and adapted to discharge an infusion beverage from the infusion vessel; and an outlet valve 90 adapted to block and unblock a discharge of the infusion beverage through the outlet conduit, wherein the automatic machine comprises an inlet device 120 adapted to admit liquid into the infusion vessel, the inlet device being configured such that the liquid flows uniformly over the lateral inner surface 118 into the interior space of the infusion vessel.
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2. The automatic machine of claim 1, wherein the automatic machine further comprises a holder 70 for the infusion material, the holder being configured to be positioned in the interior space of the infusion vessel 49 and wherein the holder serves to hold the infusion material during infusion in such a way that both the infusion material and the holder are arranged at a distance from the lower inner surface and from the lateral inner surface of the infusion vessel. See fig. 2.
3. The automatic machine of claim 2, wherein the holder 70 is configured as a retaining sieve comprising a bottom and a circumferential side wall extending upwardly from the bottom. See fig. 2
4. The automatic machine of claim 2, wherein one or more spacers 78 are attached to the holder 70 to ensure the spacing of the holder from the lateral inner surface or from the lower inner surface of the infusion vessel. See fig. 2
5. The automatic machine of claim 1, wherein the infusion vessel has a connection piece which is formed as the outlet opening and is configured to connect the outlet conduit thereto. See figure 2, dotted lines downstream of the outlet valve reference sign 90
8. The automatic machine of claim 1, wherein the inlet device has a plurality of inlet openings adapted to admit the liquid into the infusion vessel, the plurality of inlet openings being distributed at uniform intervals along the lateral inner surface of the infusion vessel. See figure 3 reference sign 120, figure 7, figure 9 and figure 13),
10. The automatic machine of claim 1, wherein the inlet device is configured to be opened and closed with respect to an upper side of the infusion vessel. See figure 2, cover 64 implies opening for access.
12. The automatic machine of claim 1, wherein the inlet device forms a lid 64 adapted to close the infusion vessel. See figure 2
14. The automatic machine of claim 1, additionally comprising a processing device 46 adapted to mechanically process the infusion material in the infusion vessel.
15. The automatic machine of claim 1, wherein the inlet device comprises at least one inlet opening aligned with the lateral inner surface so that liquid flowing from the inlet opening to the lateral inner surface can wet the lateral inner surface before flowing into the interior space of the infusion vessel. See Fig. 2-3 reference sign 120 and figures 7, 9 and 13
16. The automatic machine of claim 1, wherein the inlet device comprises a single inlet opening 60. See fig. 2,
17. The automatic machine of claim 1, wherein the inlet device 56 comprises a plurality of successively activatable inlet openings.
20. (Previously presented) The automatic machine of claim 1, wherein the housing includes a plurality of inlet devices. See fig. 2 showing manifold 56 with a plurality of inlet devices.
Claims 1, 9 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Takizawa et al. (US 2007/017380A1) .
Takizawa discloses in reference to
1. An automatic machine 10 for preparing infusion beverages, the automatic machine comprising:
a housing (implied, also see 16); an infusion vessel 76 insertable into the housing and having a lower inner surface and a lateral inner surface (see Fig. 12), which together define an interior space for receiving infusion material and water, and an outlet opening at 56; an outlet 56 conduit connectable to the outlet opening and adapted to discharge an infusion beverage from the infusion vessel; and an outlet valve 60 adapted to block and unblock a discharge of the infusion beverage through the outlet conduit, wherein the automatic machine comprises an inlet device (figures 11, 12, 13А, 13В, 14A, 14B and 15, reference signs 70, 170, 270, 370, 470) adapted to admit liquid into the infusion vessel, the inlet device being configured such that the liquid flows uniformly over the lateral inner surface 70 into the interior space of the infusion vessel.
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9. The automatic machine of claim 1, wherein the inlet device is configured such that the liquid enters spirally over the lateral inner surface of the infusion vessel. See figure 13),
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.
The Supreme Court in KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1395-97 (2007) identified a number of rationales to support a conclusion of obviousness which are consistent with the proper “functional approach” to the determination of obviousness as laid down in Graham. The key to supporting any rejection under 35 U.S.C. 103 is the clear articulation of the reason(s) why the claimed invention would have been obvious. The Supreme Court in KSR noted that the analysis supporting a rejection under 35 U.S.C. 103 should be made explicit.
EXEMPLARY RATIONALES
Exemplary rationales that may support a conclusion of obviousness include:
(A) Combining prior art elements according to known methods to yield predictable results;
(B) Simple substitution of one known element for another to obtain predictable results;
(C) Use of known technique to improve similar devices (methods, or products) in the same way;
(D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results;
(E) “Obvious to try” – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success;
(F) Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art;
(G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention.
Claim(s) 6-7, 10, 11, 13, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lassota (US 77170260.
Lassota discloses the claimed invention except in reference to claim:
6. (Previously presented) The automatic machine of claim 1, further comprising an infusion vessel sensor configured to detect whether the infusion vessel is correctly inserted in the housing, wherein the infusion vessel sensor comprises a mechanical or electromechanical sensor. The features of claim 6 constitute just one of a number of obvious possibilities from which a person skilled in the art would choose according to the circumstances, without exercising inventive skill, in order to solve the stated problem (detecting whether the infusion vessel has been correctly inserted in the housing). Note that the use of mechanical or electromechanical sensors is well known to the skilled artisan seeking to prevent operation of a device when components are not properly aligned.
7. (Previously presented) The automatic machine of claim 1, further comprising a lid adapted to close the infusion vessel and a lid sensor adapted to detect whether the lid is in an open state or a closed state.
The features of claim 7 constitute just one of a number of obvious possibilities from which a person skilled in the art would choose according to the circumstances, without exercising inventive skill, in order to solve the stated problem (detecting whether the cover is in an open or closed state). Note that the use of mechanical or electromechanical sensors is well known to the skilled artisan seeking to prevent operation of a device when components are not properly aligned.
10. The automatic machine of claim 1, wherein the inlet device is configured to be opened and closed with respect to an upper side of the infusion vessel. See figure 2, cover 64 implies opening for access.
11. The automatic machine of claim 1, wherein an inlet device sensor is provided to detect the position of the inlet device with respect to the infusion vessel. The features of claim 11 constitute just one of a number of obvious possibilities from which a person skilled in the art would choose according to the circumstances, without exercising inventive skill, in order to solve the stated problem (detecting whether the infusion vessel has been correctly assembled for use). Note that the use of sensors is well known to the skilled artisan seeking to prevent operation of a device when components are not properly aligned.
13. (Previously presented) The automatic machine of claim 1, wherein the infusion vessel comprises one or more of glass, ceramic, and a coated material and is a single piece. One of skill in the art would find it obvious to use either glass or ceramic as the material for the infusion vessel as these materials are known to be useable for such a purpose, and further to distance the product from the use of plastics which may leach chemicals into the beverage.
18. The automatic machine of claim 1, wherein the lateral inner surface has a wetting of from 60% to 100%. Implicit from figures 3, 7, 9 and 13 that from 60% to 100% inclusive of the lateral inner surface is wetted.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOR S CAMPBELL whose telephone number is (571)272-4776. The examiner can normally be reached M,W-F 6:30-10:30, 12-4.
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 5712705569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOR S CAMPBELL/
Primary Examiner
Art Unit 3761
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