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 .
DETAILED ACTION
This office action is in response to application 18/690,603 filed 3/8/24. Claims 10-25 are pending with claims 10 and 17 in independent form.
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.
Claim(s) 10-12, 15-17 and 20-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ozanne US 2012/0060697 A1.
Ozanne teaches:
Re: claim 10, A brewing unit (fig. 1) of a beverage preparation machine (brewing unit 10) having a brewing chamber (visible in fig. 13) and a brewing chamber surface, the brewing chamber being designed to be essentially rotationally symmetrical with respect to an axis directed from a first brewing chamber half (handling member 30) to a second brewing chamber half (handling member 31), wherein the brewing chamber has a maximum axial extent in the direction of the axis (corresponding to the concave recess) which is smaller than the largest diameter transverse to the axis (see fig. 13), wherein the brewing chamber has a thickness in the region of the axis (at the convex region) which is equal to or smaller than the axial extent (concave recess).
Re: claim 11, The brewing unit according to claim 10, wherein the brewing chamber has a reduced thickness on two sides in the region of the axis (fig. 13).
Re: claim 12, The brewing unit according to claim 10, wherein the brewing chamber (visible in fig. 13) is substantially rotationally symmetrical with respect to an axis directed from a first brewing chamber half (handling member 30) to a second brewing chamber half (handling member 31), wherein the brewing chamber surface has a concave recess in the region of the axis on at least one side and is convex in the region transverse to the axis (fig. 13).
Re: claim 15, The brewing unit according to claim 10, wherein less than 50% of the brewing chamber surface is formed as a flat surface (see fig. 13).
Re: claim 16, The brewing unit according to claim 10, wherein the brewing unit comprises two corresponding brewing chamber halves (handling members 30 and 31) which are movably arranged relative to each other to be brought from an open position for dispensing and inserting a capsule to a closed position for forming the brewing chamber and enclosing and extracting the capsule ([0127]-[0132]).
Re: claim 17, A brewing unit (fig. 1) of a beverage preparation machine (brewing unit 10) with a brewing chamber (visible in fig. 13) and a brewing chamber surface, wherein the brewing chamber is substantially rotationally symmetrical with respect to an axis directed from a first brewing chamber half (handling member 30) to a second brewing chamber half (handling member 31), wherein the brewing chamber surface has a concave recess in a region of the axis on at least one side and is convex in a region transverse to the axis (fig. 13).
Re: claim 20, The brewing unit according to claim 17, wherein less than 50% of the brewing chamber surface is formed as a flat surface (fig. 13).
Re: claim 21, The brewing unit according to claim 17, wherein the brewing unit comprises two corresponding brewing chamber halves (handling members 30 and 31) which are movably arranged relative to each other to be brought from an open position for dispensing and inserting a capsule to a closed position for forming the brewing chamber and enclosing and extracting the capsule ([0127]-[0132]).
Re: claim 22, A beverage preparation machine comprising a brewing unit (fig. 1) according to claim 10.
Re: claim 23, A beverage preparation machine comprising a brewing unit (fig. 1) according to claim 17.
Re: claim 24, The beverage preparation system comprising a capsule and a brewing unit (fig. 1) according to claim 10.
Re: claim 25, A beverage preparation system comprising a capsule and a brewing unit (fig. 1) according to claim 17.
Allowable Subject Matter
Claims 13-14 and 18-19 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 prior art of record fails to teach or fairly suggest to one of ordinary skill in the art, in conjunction with all the other limitations of the claims: With respect to claim 13 and all its dependencies, wherein the brewing chamber surface has a continuous curvature, when included with all the limitations of claim 10 from which it depends. With respect to claim 14 and all its dependencies, wherein the brewing chamber surface has a minimum radius of curvature of 3 mm, when included with all the limitations of claim 10 from which it depends. With respect to claim 18 and all its dependencies, wherein the brewing chamber surface has a continuous curvature, when included with all the limitations of claim 17 from which it depends. With respect to claim 19 and all its dependencies, wherein the brewing chamber surface has a minimum radius of curvature of 3 mm, when included with all the limitations of claim 17 from which it depends. The prior art of record fails to provide sufficient teaching or motivation to one of ordinary skill in the art to provide the additionally recited features of these claims in the combinations as claimed.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTY A HAUPT whose telephone number is (571)272-8545 and email address is kristy.haupt@uspto.gov. The examiner can normally be reached on Mon-Sun 5:30 AM- 10PM; Flex during day.
If all attempts to reach the examiner by telephone and email are unsuccessful, the examiner’s supervisor, Thomas Pham, can be reached at telephone number (571) 272-3689. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KRISTY A HAUPT/
Primary Examiner, Art Unit 2876
KAH
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