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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/11/2024, 07/13/2026, 08/13/2026 and 09/10/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Status of the Claims
In the amendment dated 04/11/2024, claims 1-15 are pending.
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Claim 1:
a first assembly arrangement for assembly by said user of the first module to the body; and
a second assembly arrangement for assembly by said user of the second module to the body.
Claim 9:
the first module forms said source of liquid and is configured to store said liquid.
Claim 10:
the second module is in communication with an ingredient processing unit in the body for allowing a passage of said ingredient between the ingredient processing unit and the module.
Claim 13:
a transfer arrangement configured to transfer said ingredient into and/or out of the seat.
Claim 15:
a liquid driver for driving said liquid from the source of liquid towards the outlet.
one or more liquid guides for guiding said liquid between the source of liquid and the outlet.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
With regards to the corresponding structure of the claimed “first assembly arrangement”, Applicant’s Specification, pub. Para.0035 discloses: “the first assembly arrangement includes a connector, e.g. an arm, projecting out of the body for assembling the first module thereto”.
With regards to the corresponding structure of the claimed “second assembly arrangement”, Applicant’s Specification, pub. Para.0075 discloses: “For instance second module 30 has an upper opening 31 configured to receive ingredient 2 and optionally an upper cavity 32 for storing solids and a lower cavity 33 for storing liquids.”
With regards to the corresponding structure of the claimed “first module”, Applicant’s Specification, pub. Para.0074 discloses: “first module 20 has a water tank 21 e.g. fitted with a removable lid 22”.
With regards to the corresponding structure of the claimed “second module”, Applicant’s Specification, pub. Para.0075 discloses: “For instance second module 30 has an upper opening 31 configured to receive ingredient 2 and optionally an upper cavity 32 for storing solids and a lower cavity 33 for storing liquids.”
With regards to the corresponding structure of the claimed “ingredient processing unit”, Applicant’s Specification, pub. Para.0076 discloses: “the above ingredient processing unit 15 that has a seat 150 for receiving ingredient 2 and in which ingredient 2 is processed to form the beverage”.
With regards to the corresponding structure of the claimed “transfer arrangement”, Applicant’s Specification, pub. Para.0040-0042 disclose: “The seat may be associated with a transfer arrangement configured to transfer the ingredient into and/or out of the seat. Examples of suitable transfer arrangements are disclosed in WO2012041605, WO 2017/046294 and WO 2017/202746…”
With regards to the corresponding structure of the claimed “liquid driver”, Applicant’s Specification, pub. Para.0043 discloses: “The fluid line may include a liquid driver, such as a pump, for driving the liquid from the source of liquid towards the outlet”.
With regards to the corresponding structure of the claimed “one or more liquid guides”, Applicant’s Specification, pub. Para.0045 discloses: “The fluid line may have one or more liquid guides, such as tubes and/or pipes, for guiding the liquid between the source of liquid and the outlet.”
The transfer arrangement can have at least one of: a pusher configured to push the ingredient, e.g. contained in the capsule; and a grip configured to grip the ingredient, e.g. at the capsule flange when the ingredient is contained in the abovementioned capsule, the grip including for instance a slide configured to allow a sliding of the capsule along the slide. The pusher and/or the grip may be configured to transfer the ingredient into and/or out of the seat.”
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claim 10 is objected to because of the following informalities:
Claim 10, lines 3-4, “when assembled to the second assembly arrangement the second module is in communication with…” should be “when assembled to the second assembly arrangement, the second module is in communication with…”
Appropriate correction is required.
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 4-6, 12 and 14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth 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 4 recites the term “such machine” in line 9. It is unclear if the term “such machine” refers to “the machine” previously recited in line 1 of the same claim. If so, the term “such machine” should be amended as “the machine”. Claim 6 recites the same term “such machine” so that the claim is rejected by the same reason as discussed in claim 4.
Regarding claim 5, the phrase "e.g." renders the claim indefinite because it is unclear whether the limitation(s) “assemblable at about half way between the front face and a or said rear face” (last lines) following the phrase is/ are part of the claimed invention. See MPEP § 2173.05(d). For examination purposes, the limitation(s) “assemblable at about half way between the front face and a or said rear face” is not part of the claimed invention.
Claim 5, the term “a or said rear face” in last line is unclear its meaning. In addition, the term “said rear face” is insufficient antecedent basis for this limitation in the claim and it is unclear if it refers to the “rear face” recited in claim 4. If so, claim 5 should be dependent upon claim 4.
Claim 6 recites “its” in last line. However, the antecedent of the pronoun “its” is unclear whether “its” refers to “such machine”, “at least one of the first and second modules” or else. For examination purposes, “its” is construed as “such machine”.
Regarding claim 12, the phrase " for instance" renders the claim indefinite because it is unclear whether the limitation(s) “the seat and the closure member being movable in translation and/or in rotation about a pivoting axis” (last lines) following the phrase is/are part of the claimed invention. See MPEP § 2173.05(d). For examination purposes, the limitation(s) “the seat and the closure member being movable in translation and/or in rotation about a pivoting axis” is not part of the claimed invention.
Claim 14 recites “configured to transfer said ingredient into and/or out of the seat” without specifying the subject matter that is transferred. The phase “configured to transfer said ingredient into and/or out of the seat” is incomplete and does not establish what the recited [component] is configured to perform the claimed function. Accordingly, the scope of the claimed subject matter is unclear. For examination purposes, “the transfer arrangement” is interpreted as the component which “configured to transfer said ingredient into and/or out of the seat”.
Claim 15 recites the phrase "such as" renders the claim indefinite because it is unclear whether the limitation(s) “a heater and/or a cooler” following the phrase is/are part of the claimed invention. See MPEP § 2173.05(d). For examination purposes, the limitation(s) “a heater and/or a cooler” is not part of the claimed invention.
Claim Rejections - 35 USC § 102
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) 1-12 and 15 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Cahen (US20130213238A1)
. Regarding claim 1, Cahen discloses
A machine (1, see fig.1) for preparing a beverage from an ingredient (See abstract), the machine comprising:
a body (2, see fig.1) comprising a fluid line (15, see para.0046) extending from a source of liquid (liquid, see para.0046) to a beverage outlet (beverage outlet, see para.0038) located at or on a body front face (24, see fig.1) defining a front area for locating a beverage collection user-recipient (See fig.1 and para.0038);
a first module (3, see fig.1) that is assemblable to the body (2, see fig.1 and para.0038) and that is disassemblable therefrom by said user (see fig.1); and
a second module (another module 3, see fig.2 and para.0031: “The machine may include a plurality of such modules, e.g. two or three such modules, operatively connected to the body adjacent to one or more outer body faces. The modules may be connected simultaneously to the same body”) different to the first module (3, see para.0031 and fig.1), the second module (another module, see para.0031) being assemblable to the body (2) and being disassemblable therefrom by said user (see para.0031),
the body (2) further comprising a side face (21, see fig.1) that is different to the front face (24, see fig.1),
the side face (21, see fig.1) has:
a first assembly arrangement (see fig.1, the connection device 10 in position for positioning module 3 adjacent to right-hand lateral face 21) for assembly by said user of the first module (3, see fig.1) to the body (2); and
a second assembly arrangement (see FIG. 2, the connection device 10 in position for positioning module 3 adjacent to left-hand lateral face (facing lateral face 21)) for assembly by said user of the second module (another module) to the body (2, see fig.2).
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Regarding claim 2, Cahen further discloses the side face (21, see fig.1) and the first and/or second assembly arrangement(s) (see fig.1-2) are so configured that the first and/or second module(s) (3) is/are assemblable to the assembly arrangement (see fig.1-2) from outside the body (2) adjacent the side face (21, see fig.1).
Regarding claim 3, Cahen further discloses the front face (24, see fig.1) extends along a horizontal front average direction (horizontal direction of 24, see fig.1) and the side face (21, see fig.1) extends along a horizontal side average direction (horizontal direction of 21, see fig.1), the horizontal front average direction (horizontal direction of 24, see fig.1) and the horizontal side average direction (horizontal direction of 21, see fig.1) being at an angle (α) relative to one another in the range of 45° to 135° (see fig.1, faces 24 and 21 are approximately at an angle of 90°) .
Regarding claim 4, Cahen further discloses the body (2) comprises at least one of:
a rear face (22, see fig.1) substantially opposite the front face (24, see fig.1);
a bottom face (bottom face of the machine 1, see fig.1) forming a machine foot when such machine is in operation for preparing said beverage; and
a top face (23, see fig.1).
Regarding claim 5, Cahen further discloses one module ( module 3 adjacent to left-hand lateral face, see fig.2) of said first and second modules (3, see fig.1-2) is assemblable at the side face (21) remotely from the front face (24, see fig.1) and wherein the other module (module 3 (not shown) adjacent to right-hand lateral face 21) of said first and second modules (see para.0031) is assemblable at the side face (21) between the front face (24) and said one module (module 3 adjacent to left-hand lateral face, see fig.2) e.g. assemblable at about half way between the front face and a or said rear face (see 112(b) rejections above).
Regarding claim 6, Cahen further discloses the front face (24) and the side face (21) define a free area external to such machine (1) for displacing at least one of the first and second modules (3) from the front face (24) along the side face (21) outside the body (2) to its assembly arrangement (See figs.1-2, connection device 10 in position for positioning module 3 adjacent to left/right-hand lateral face 21).
Regarding claim 7, Cahen further discloses the first assembly arrangement (see fig.1, the connection device 10 in position for positioning module 3 adjacent to right-hand lateral face 21) is so configured that the first module (3) is assembled to the body (2) on the side face (21) outside the body (2, see fig.1).
Regarding claim 8, Cahen further discloses the second assembly arrangement (see FIG. 2, the connection device 10 in position for positioning module 3 adjacent to left-hand lateral face (facing lateral face 21) is so configured that the second module (another module 3) is assembled to the body (2) through the side face (21).
Regarding claim 9, Cahen further discloses the first module (3) forms said source of liquid (see para.0031: “a liquid reservoir may be connected to the body as a first module”) and is configured to store said liquid (See para.0031), the first module (3) being disconnectably connected to the fluid line (15, see fig.1) such that said liquid can be supplied from the first module (3) into the fluid line (15, see fig.1 and para.0046: “ Channel 15 is configured to guide a liquid between module 3 and body 2”).
Regarding claim 10, Cahen further discloses the second module (another module 3) is configured to store said ingredient (claim 13: “ the module comprises a storage reservoir for storing a supply of ingredient for the body”) and when assembled to the second assembly arrangement (see FIG. 2, the connection device 10 in position for positioning module 3 adjacent to left-hand lateral face (facing lateral face 21)) the second module (another module 3) is in communication with an ingredient processing unit ( brewing unit, see para.0011) in the body (2) for allowing a passage of said ingredient between the ingredient processing unit (brewing unit, see para.0011) and the module (3).
Regarding claim 11, Cahen further discloses the body (2) comprises a seat (26, see fig.1) for receiving said ingredient and in which said ingredient is processed to form said beverage (see para.0039: “an ingredient inlet channel 26 for introducing a flavouring ingredient”).
Regarding claim 12, Cahen further discloses the seat (26, see fig.1) defines a cavity for receiving at least part of said ingredient (see para.0039) and cooperates with a closure member (See para.0039: “Channel 26 may cooperate with a gate for opening and closing the channel”), the seat (26) and the closure member (gate) being moveable one relative to the other between a closed position for processing said ingredient in the seat and an open position for introducing said ingredient into the seat and/or removing said ingredient from the seat (See para.0039), for instance the seat and the closure member being movable in translation and/or in rotation about a pivoting axis (see 112(b) rejection above).
Regarding claim 15, Cahen further discloses a liquid driver (pump, see para.0011) for driving said liquid from the source of liquid towards the outlet (See para.0011: “The body may include a pump for circulating liquid from a source of liquid, e.g. from the module, to the beverage outlet”);
a thermal conditioner (heater, see para.0011), such as a heater and/or a cooler, for thermally conditioning said liquid from the source of liquid (see para.0011: “the body can include a thermal conditioner, e.g. a heater, for thermal conditioning of liquid from a liquid source circulated to the beverage outlet”); and
one or more liquid guides for guiding said liquid between the source of liquid (liquid) and the outlet (see para.0014: “one or more fluid connecting members for guiding this liquid from a source of liquid, such as a tank of liquid, to the beverage outlet”).
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 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cahen in view of Hess WO2017202746A2 (applicant admitted prior art, see para.0040 of the current application, US20200323385A1 is used for mapping)
Regarding claim 13, Cahen discloses the claimed limitations as discussed above.
Cahen does not expressly disclose the seat is associated with a transfer arrangement configured to transfer said ingredient into and/or out of the seat.
Hess discloses a capsule processing machine, comprising:
the seat (50, see fig.2) is associated with a transfer arrangement (22, see fig.1 and para.0082) configured to transfer said ingredient into and/or out of the seat (See para.0082).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Cahen to have “the seat is associated with a transfer arrangement configured to transfer said ingredient into and/or out of the seat” as taught by Hess in order for separating capsule from cover in the open position easily (See para.0082 of Hess).
Regarding claim 14, Cahen in view of Hess further discloses the transfer arrangement has at least one of:
a pusher configured to push said ingredient (22 of Hess, see fig.1. See rejection of claim 14 above, the pusher of Hess is added in the modification); and
configured to transfer said ingredient into and/or out of the seat (See para.0082 of Hess. See 112(b) rejections above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US20170290461A1 discloses a beverage preparation machine for dispensing beverages comprising: a housing; a first reservoir station; a first reservoir for containing an aqueous medium, the first reservoir being connectable to said first reservoir station; an auxiliary module station for receiving an auxiliary module.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIFFANY T TRAN whose telephone number is (571)272-3673. The examiner can normally be reached on Monday - Friday, 10am - 6pm.
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, Edward Landrum can be reached on (571) 272-5567. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIFFANY T TRAN/ Primary Examiner, Art Unit 3761
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