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
Claimd 9-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/05/2026.
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, 3, 4, 6-8 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by FIN (US 8210096B2).
Regarding:
Claim 1: FIN discloses "a machine for preparing and extracting a hot beverage from a capsule" (p. 1, I. 5-10) "comprising a capsule body forming a chamber delimited by a first closed wall and a second open wall on which is positioned, for closing, a sheet for sealing the chamber; a dose of product being
housed inside said chamber" (fig. 1-4, 7, 9, 10-12 (C)); "the machine comprising:
- a load-bearing frame having an inlet opening for the capsule" (fig. 1-3; p. 7, I. 25-30: opening of the machine implicit); "- a first fixed extraction unit associated with the frame" (fig. 1-4, 7, 9 (5); p. 9, I.
16-18) "and comprising a matching housing for the capsule" (fig. 2, 4 (25); fig. 7, 9; p. 9, I. 10-14) "and means for perforating the capsule and passage of the mixture, to obtain the extraction of the beverage" (fig. 2, 4, 7, 9 (27); p. 8, I. 14-21); "- a second movable extraction unit, positioned inside the frame" (fig. 1-3, 6-9 (3); p. 9, I. 16-18), "and movable inside the frame along a linear trajectory, in both directions, between a first non-operating end position away from the first fixed extraction unit, wherein the second movable extraction unit can receive the capsule through the inlet opening" (fig. 1-4; p. 7, I. 25-30),
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"and a second operating end position wherein the second movable extraction unit is moved towards the first fixed extraction unit in such a way as to move the capsule from an inlet position to a position for insertion in the housing of the first fixed unit for extracting the liquid mixture by feeding a pressurized hot fluid inside the capsule" (fig. 7-9); whereby "the means for perforating and passage of the mixture comprise a perforating punch, positioned fixed at a bottom of the housing, and partly protruding from the bottom" (fig. 2, 4, 7, 9: tip of piercing element (27)); "the punch comprising: - a first apical portion configured, in use, to intercept and perforate the first wall of the capsule upon a deformation of the first wall of the capsule, by effect of the pressurized fluid, towards the bottom of the housing" (fig. 2: tip of element (27); p. 11, I. 14-15; the machine is suitable for said type of operation, depending on the type of capsule which does not form part of the claimed subject-matter);"- a second base portion having a bridge-shaped cross-section defining an opening passing towards a channel or chamber, positioned below the punch, configured for the controlled discharge of the liquid mixture coming out from the
opening of the first wall of the capsule whilst the punch is kept inserted inside the capsule" (fig. 2: below the tip of element (27), there is formed a bridge-like structure giving path for the liquid to channel (29)).
Claim 3: As can be seen in fig. 2 of FIN "the bottom of the housing of the first fixed extraction unit has a profile at A which is partly rounded and configured to allow a complementary coupling of the wall of the capsule perforated by the punch upon its deformation under the effect of the pressure of the fluid entering".
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Claim 4: Furthermore, FIN is considered as disclosing that "the punch has a first apical portion having a triangular cross-section with a free vertex oriented away from the bottom of the housing of the first fixed extraction unit" (fig. 2: tip of element (27)).
Claims 6, 7: Moreover, FIN discloses that "the punch Z is associated with and protruding from a supporting base X inserted in the first fixed extraction unit; on the supporting base there being the channel Q or chamber connected to a conduit for passage of the liquid mixture towards a dispensing head" (fig. 2: supporting base of member (27) with channel (29)).
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Claim 8: FIN shows as well that "the punch is partly housed in a cylindrical cavity made in the bottom of the housing defining the upper part of the channel or chamber" (fig. 2).
Allowable Subject Matter
Claims 2 and 5 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 explicitly disclose or reasonably suggest to the ordinary artisan, the hot beverage machine substantially as claimed and specifically including, inter alia, wherein the channel has two semi-circular portions defined by the overlying punch and configured to contain two lips of the first closed wall of the capsule, defined by the incision of the punch, generated upon the deformation of the first closed wall by effect of the pressurized fluid, and in such a way as to define a single controlled outlet point of the liquid mixture, or wherein the punch has a triangular shape with rounded outer sides; the second base portion of the punch having a smaller cross section than the cross section of the first apical portion, and comprises two end arms fixing to the first fixed extraction unit inside of which is defined the opening for the passage of the liquid mixture.
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
tsc
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