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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 and 7 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 and 4 of copending Application No. 18/720,991 in view of Jarisch (US 2009/0158938 A1).
Instant Claims
Reference Claims
Claim 1. A device for extracting a beverage ingredient by supplying an extraction liquid such as heated water into a pod,
said pod comprising:
a pod body, said pod body comprising:
a side wall and a bottom wall defining a chamber, said chamber extending axially between the bottom and a top opening,
a circumferential annular flange projecting radially outward from the top opening, said flange comprising a top surface opposite to the chamber with respect to the opening,
said pod body containing a beverage ingredient,
a top lid attached to the top surface of the circumferential flange, said top lid closing the top opening of the pod body,
and
said device comprising:
a fixed downstream pod enclosing part and a movable upstream pod enclosing part, said upstream pod enclosing part being translatable along a longitudinal axis (XX′) between an open position for inserting and/or ejecting the pod and a closed position for forming an extraction chamber enclosing the pod during extraction,
the upstream part defining a cage and bearing an upstream piercing arrangement for opening the bottom wall of the pod and a liquid injector,
the downstream part defining a plate transverse to the longitudinal axis (XX′) and, said plate comprising:
a downstream plane piercing arrangement for opening the lid of the pod,
a peripheral area,
and
an insertion section for inserting the pod in the device, said insertion section being designed to position the pod with the lid facing the downstream piercing arrangement,
a pod holder, said pod holder being attached to said peripheral area of the downstream part and
said pod holder being movable between:
a receiving position for receiving and holding the lid of the pod in front of the downstream plane piercing arrangement,
a retracted position at the lateral sides of the downstream plane piercing arrangement,
said pod holder comprising a pair of retaining and positioning elements, each of said elements comprising a lower holding surface and a transverse arc-shaped ridge,
said pair of retaining and positioning elements being pushable from the receiving position to the retracted position by the upstream enclosing part when said upstream enclosing part is translated longitudinally from the open position to the closed position, and
wherein the retaining and positioning elements move from the receiving position to the retracted position along diverging directions.
Claim 1. A device for extracting a beverage ingredient by supplying an extraction liquid such as heated water into a pod,
said pod comprising:
a pod body, said pod body comprising:
a side wall and a bottom wall defining a chamber, said chamber extending axially between the bottom and a top end of the sidewall,
said top end defining a top opening
a circumferential annular body flange projecting radially outward from the top end of the sidewall, said body flange comprising a top surface opposite to the chamber with respect to the opening,
said pod body containing a beverage ingredient,
a plane top lid attached to the top surface of the circumferential flange, said plane top lid closing the top opening of the pod body, and
said device comprising:
upstream and downstream pod enclosing parts relatively translatable along a longitudinal axis (XX') between an open position for inserting and/or ejecting the pod and a closed position for forming an extraction chamber enclosing the pod during extraction,
the upstream part defining a cage and bearing an upstream piercing arrangement for opening the bottom wall of the pod and a liquid injector,
the downstream part defining a plate transverse to the longitudinal axis (XX'), said plate comprising:
a fixed downstream plane piercing arrangement for opening the lid of the pod,
a peripheral area,
said peripheral surrounding the fixed downstream plane piercing arrangement,
an insertion section for inserting the pod in the device, said insertion section being designed to position the pod with the plane top lid facing the downstream piercing arrangement, and
Claim 4. A device according to claim 1, wherein said device comprises a pod holder, said pod holder being attached to said peripheral area of the downstream part and
said pod holder being movable between:
a receiving position for receiving and holding the lid of the pod in front of the downstream plane piercing arrangement, and
a retracted position at the lateral sides of the downstream plane piercing arrangement.
Claim 1 in view of claim 4 does not disclose said pod holder comprising a pair of retaining and positioning elements, each of said elements comprising a lower holding surface and a transverse arc-shaped ridge,
said pair of retaining and positioning elements being pushable from the receiving position to the retracted position by the upstream enclosing part when said upstream enclosing part is translated longitudinally from the open position to the closed position, and
wherein the retaining and positioning elements move from the receiving position to the retracted position along diverging directions.
Jarish disclose a coffee machine wherein said pod holder comprising a pair of retaining and positioning elements (fingers 93 and 94, Fig. 7), each of said elements comprising a lower holding surface and a transverse arc-shaped ridge (fingers 93 and 94 have a holding surface 98/99 with an sloped ridge, Fig. 7),
said pair of retaining and positioning elements being pushable from the receiving position to the retracted position by the upstream enclosing part when said upstream enclosing part is translated longitudinally from the open position to the closed position (fingers 93/94 is pushed by the springs 85 in the upstream component, par. 41, Fig. 5), and
wherein the retaining and positioning elements move from the receiving position to the retracted position along diverging directions (fingers 93/94 move away from each other when engaging/disengaging the abutment surfaces 86/87 when moved from the retracted to opening position, par. 49-50, Fig. 2 and 5 ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the claims to incorporate the teachings of Jarisch and provide the retaining elements. Doing so would have the benefit of retaining and securing the pod holder between positions.
Claim 7: same rejection as above
Claims 1 and 7 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/720,962 in view of Jarisch (US 2013/0032034 A1) and Jarisch 2009 (US 2009/0158938 A1).
Instant Claims
Reference Claims
Claim 1. A device for extracting a beverage ingredient by supplying an extraction liquid such as heated water into a pod,
said pod comprising:
a pod body, said pod body comprising:
a side wall and a bottom wall defining a chamber, said chamber extending axially between the bottom and a top opening,
a circumferential annular flange projecting radially outward from the top opening, said flange comprising a top surface opposite to the chamber with respect to the opening,
said pod body containing a beverage ingredient,
a top lid attached to the top surface of the circumferential flange, said top lid closing the top opening of the pod body,
and
said device comprising:
a fixed downstream pod enclosing part and a movable upstream pod enclosing part, said upstream pod enclosing part being translatable along a longitudinal axis (XX′) between an open position for inserting and/or ejecting the pod and a closed position for forming an extraction chamber enclosing the pod during extraction,
the upstream part defining a cage and bearing an upstream piercing arrangement for opening the bottom wall of the pod and a liquid injector,
the downstream part defining a plate transverse to the longitudinal axis (XX′) and, said plate comprising:
a downstream plane piercing arrangement for opening the lid of the pod,
a peripheral area,
and
an insertion section for inserting the pod in the device, said insertion section being designed to position the pod with the lid facing the downstream piercing arrangement,
a pod holder, said pod holder being attached to said peripheral area of the downstream part and
said pod holder being movable between:
a receiving position for receiving and holding the lid of the pod in front of the downstream plane piercing arrangement,
a retracted position at the lateral sides of the downstream plane piercing arrangement,
said pod holder comprising a pair of retaining and positioning elements, each of said elements comprising a lower holding surface and a transverse arc-shaped ridge,
said pair of retaining and positioning elements being pushable from the receiving position to the retracted position by the upstream enclosing part when said upstream enclosing part is translated longitudinally from the open position to the closed position, and
wherein the retaining and positioning elements move from the receiving position to the retracted position along diverging directions.
Claim 1. A device for extracting a beverage ingredient by supplying an extraction liquid such as heated water into a pod,
said pod comprising:
a pod body, said pod body comprising:
a side wall and a bottom wall defining a chamber, said chamber extending axially between the bottom and a top end of the sidewall,
said top end defining a top opening
a circumferential annular body flange projecting radially outward from the top end of the sidewall, said body flange comprising a top surface opposite to the chamber with respect to the opening,
said pod body containing a beverage ingredient,
a plane top lid attached to the top surface of the circumferential flange, said plane top lid closing the top opening of the pod body, and
said device comprising:
upstream and downstream pod enclosing parts relatively translatable along a longitudinal axis (XX') between an open position for inserting and/or ejecting the pod and a closed position for forming an extraction chamber enclosing the pod during extraction,
the upstream part defining a cage and bearing an upstream piercing arrangement for opening the bottom wall of the pod and a liquid injector,
the downstream part defining a plate transverse to the longitudinal axis (XX'), said plate comprising:
a fixed downstream plane piercing arrangement for opening the lid of the pod,
a peripheral area,
an insertion section for inserting the pod in the device, said insertion section being designed to position the pod with the plane top lid facing the downstream piercing arrangement, and
Claim 1 does not disclose a pod holder, said pod holder being attached to said peripheral area of the downstream part and
said pod holder being movable between:
a receiving position for receiving and holding the lid of the pod in front of the downstream plane piercing arrangement,
a retracted position at the lateral sides of the downstream plane piercing arrangement,
Jarish discloses a coffee machine wherein a pod holder (annular member 34 of the lower capsule ejector, par. 111, Fig. 5), said pod holder being attached to said peripheral area of the downstream part and said pod holder (annular member is attached a pivoting point of the lower brewing head, Fig. 5) being movable between:
a receiving position for receiving and holding the lid of the pod in front of the downstream plane piercing arrangement (annular member 34 holds the pod, Fig. 5),
a retracted position at the lateral sides of the downstream plane piercing arrangement (annular member 34 is retracted to the sides of the downstream component, Fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the claims to incorporate the teachings of Jarisch and provide the pod holder. Doing so would have the benefit of lifting up the pod for disposal (Fig. 5, Jarish).
The claims in view of Jarisch does not disclose said pod holder comprising a pair of retaining and positioning elements, each of said elements comprising a lower holding surface and a transverse arc-shaped ridge,
said pair of retaining and positioning elements being pushable from the receiving position to the retracted position by the upstream enclosing part when said upstream enclosing part is translated longitudinally from the open position to the closed position, and
wherein the retaining and positioning elements move from the receiving position to the retracted position along diverging directions.
Jarish 2009 disclose a coffee machine wherein said pod holder comprising a pair of retaining and positioning elements (fingers 93 and 94, Fig. 7), each of said elements comprising a lower holding surface and a transverse arc-shaped ridge (fingers 93 and 94 have a holding surface 98/99 with an sloped ridge, Fig. 7),
said pair of retaining and positioning elements being pushable from the receiving position to the retracted position by the upstream enclosing part when said upstream enclosing part is translated longitudinally from the open position to the closed position (fingers 93/94 is pushed by the springs 85 in the upstream component, par. 41, Fig. 5), and
wherein the retaining and positioning elements move from the receiving position to the retracted position along diverging directions (fingers 93/94 move away from each other when engaging/disengaging the abutment surfaces 86/87 when moved from the retracted to opening position, par. 49-50, Fig. 2 and 5 ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the claims in view of Jarisch to incorporate the teachings of Jarisch 2009 and provide the retaining elements. Doing so would have the benefit of retaining and securing the pod holder between positions for repeatable and reliable cycling (par. 23, Jarisch 2009).
Claim 7: same rejection as above
This is a provisional nonstatutory double patenting rejection.
Claim Objections
Claims 1-4 and 6-10 objected to because of the following informalities:
Claims 2-4 recites “A device,” this should be –The device--.
Claim 4 recites “the lateral sides of the downstream plane piercing arrangement” this should be -- lateral sides of the downstream plane piercing arrangement--.
Claims 1 and 6 recites “the bottom and a top end of the sidewall,” this should be --a bottom and a top end of the sidewall--.
Claim 6 recites “System comprising…,” this should be –A system comprising…--.
Claims 7-10 recites “System comprising…,” this should be –The system comprising…--.
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 1-5 and 7 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 claims 1 and 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).
Claims 1 and 7 recites “the downstream part” which lacks antecedent basis.
Regarding claim 5, the phrase "preferably” 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).
Claim 7 recites “System comprising an extraction device comprising a device for extracting a beverage.” This is a device nested within a device. It is unclear if there are one device or two.
Claim 7 recites “and a pod, wherein the pod comprises:
a pod body, said pod body comprising:
a side wall and a bottom wall defining a chamber, said chamber extending axially between the bottom and a top end of the sidewall, said top end defining a top opening
a circumferential annular body flange projecting radially outward from the top end of the sidewall, said body flange comprising a top surface opposite to the chamber with respect to the opening,
said pod body containing a beverage ingredient,
and
a top lid attached to the top surface of the circumferential flange, said top lid closing the top opening of the pod body” twice in the same claim. The second recitation of these limitations should be removed.
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.
Claim(s) 1-5 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jarisch (US 2013/0032034 A1) in view of Jarisch 2009 (US 2009/0158938 A1).
Claim 1. Jarisch discloses a device for extracting a beverage (extraction module, title) ingredient by supplying an extraction liquid such as heated water into a pod (hot water is injected into the capsule 24 to extract coffee, par. 47),
said pod comprising:
a pod body (capsule 24, Fig. 1), said pod body comprising:
a side wall and a bottom wall defining a chamber, said chamber extending axially between the bottom and a top opening (capsule has a top end)
a circumferential annular body flange projecting radially outward from the top end of the sidewall (capsule has a flange, Fig. 6), said flange comprising a top surface opposite to the chamber with respect to the opening (upper half of the capsule can be considered part of body flange with top surface; additionally, the capsules can have a pad shape or cup shape, par. 46),
said pod body containing a beverage ingredient (ingredients are contained within the capsule, par. 54),
a top lid attached to the top surface of the circumferential flange, said top lid closing the top opening of the pod body (upper half of the capsule can be considered part of body flange with top surface; additionally, the capsules can have a pad shape or cup shape, par. 46), and
said device comprising:
a fixed downstream pod enclosing part (lower brewing head 9, Fig. 6) and a movable upstream pod (brewer head support 7, Fig. 1) enclosing part, said upstream pod enclosing part being translatable along a longitudinal axis (XX′) between an open position for inserting and/or ejecting the pod and a closed position for forming an extraction chamber enclosing the pod during extraction (the head support 7 and lower brewing head 9 moves along an axis referenced as ∆y in Fig. 3, par. 77-78, and closes on the capsule and opens to eject the capsule, par. 88, Figs. 3-5),
the upstream part defining a cage and bearing an upstream piercing arrangement for opening the bottom wall of the pod and a liquid injector (brewer head support 7 with the lower brewing head 9 forms a cage around the capsule, Fig. 7, and the water injection means 38 are pushed into the upper surface of the capsule, par. 102, Fig. 7),
the downstream part defining a plate transverse to the longitudinal axis (XX′) (lower brewing head is transverse to ∆y in Fig. 3) and, said plate comprising:
a downstream plane piercing arrangement for opening the lid of the pod (perforation means 32 opens the lower face of the capsule 24, Fig. 7),
a peripheral area (edge of the lower brewing head, Fig. 7), and
an insertion section for inserting the pod in the device, said insertion section being designed to position the pod with the lid facing the downstream piercing arrangement (capsule is inserted through the sliding door 11 and positions the capsule to be pierced by the perforation means 32, par. 99, Fig. 6), and
a pod holder (annular member 34 of the lower capsule ejector, par. 111, Fig. 5), said pod holder being attached to said peripheral area of the downstream part and said pod holder (annular member is attached a pivoting point of the lower brewing head, Fig. 5) being movable between:
a receiving position for receiving and holding the lid of the pod in front of the downstream plane piercing arrangement (annular member 34 holds the pod, Fig. 5),
a retracted position at the lateral sides of the downstream plane piercing arrangement (annular member 34 is retracted to the sides of the downstream component, Fig. 3),
Jarisch does not disclose said pod holder comprising a pair of retaining and positioning elements, each of said elements comprising a lower holding surface and a transverse arc-shaped ridge,
said pair of retaining and positioning elements being pushable from the receiving position to the retracted position by the upstream enclosing part when said upstream enclosing part is translated longitudinally from the open position to the closed position, and
wherein the retaining and positioning elements move from the receiving position to the retracted position along diverging directions.
Jarisch 2009 discloses a coffee machine and a pod holder (position component 9) wherein said pod holder comprising a pair of retaining and positioning elements (fingers 93 and 94, Fig. 7), each of said elements comprising a lower holding surface and a transverse arc-shaped ridge (fingers 93 and 94 have a holding surface 98/99 with an sloped ridge, Fig. 7),
said pair of retaining and positioning elements being pushable from the receiving position to the retracted position by the upstream enclosing part when said upstream enclosing part is translated longitudinally from the open position to the closed position (fingers 93/94 is pushed by the springs 85 in the upstream component, par. 41, Fig. 5), and
wherein the retaining and positioning elements move from the receiving position to the retracted position along diverging directions (fingers 93/94 move away from each other when engaging/disengaging the abutment surfaces 86/87 when moved from the retracted to opening position, par. 49-50, Fig. 2 and 5 ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jarisch to incorporate the teachings of Jarisch 2009 and include the retaining and position elements on the annular member. Doing so would have the benefit of retaining and securing the pod holder between positions for repeatable and reliable cycling (par. 23, Jarisch 2009).
Claim 2. Jarisch in view of Jarisch 2009 discloses a device according to claim 1, wherein the pod holder comprises guiding parts configured to guide the movements of the retaining and positioning elements between the retaining position and the retracted position (guiding grooves 83/84 guides the fingers 93/94, par. 46), said guiding parts comprising slopes oriented to slide along surfaces of the peripheral area of the downstream enclosing part according to diverging directions (abutment surfaces 86/87 guides the abutment surfaces 96/97 of the fingers, par. 50).
Claim 3. Jarisch in view of Jarisch 2009 discloses A device according to claim 1, wherein, for each of the retaining and positioning element, the pod holder comprises guiding parts comprising first slopes close to the bottom of the arc-shaped ridges (guiding portion 91 has a slope, Fig. 7, par. 41) and second slopes close to the top of the arc-shaped ridges (fingers 93/94 function as a guiding part by slotting into the guiding grooves 83/84 and fingers 93/94 have a slope, par. 41, Fig. 7).
Claim 4. Jarisch in view of Jarisch 2009 discloses A device according to claim 1, wherein the pair of retaining and positioning elements are made of one single piece of material (fingers are part of the positioning component 9, Fig. 7).
Claim 5. Jarisch in view of Jarisch 2009 discloses A device according to claim 1, wherein the pod holder is able to be locked in the peripheral area of the downstream enclosing part and to remain locked until the operation of ejection of the pod is finished, preferably until a new pod is introduced (claim 23, Jarisch 2009).
Claim 7. System comprising an extraction device comprising a device for extracting a beverage (extraction module, title) ingredient by supplying an extraction liquid such as heated water into a pod (hot water is injected into the capsule 24 to extract coffee, par. 47),
said pod comprising:
a pod body (capsule 24, Fig. 1), said pod body comprising:
a side wall and a bottom wall defining a chamber, said chamber extending axially between the bottom and a top opening (capsule has a top end)
a circumferential annular body flange projecting radially outward from the top end of the sidewall (capsule has a flange, Fig. 6), said flange comprising a top surface opposite to the chamber with respect to the opening (upper half of the capsule can be considered part of body flange with top surface; additionally, the capsules can have a pad shape or cup shape, par. 46),
said pod body containing a beverage ingredient (ingredients are contained within the capsule, par. 54),
a top lid attached to the top surface of the circumferential flange, said top lid closing the top opening of the pod body (upper half of the capsule can be considered part of body flange with top surface; additionally, the capsules can have a pad shape or cup shape, par. 46), and
said device comprising:
a fixed downstream pod enclosing part (lower brewing head 9, Fig. 6) and a movable upstream pod (brewer head support 7, Fig. 1) enclosing part, said upstream pod enclosing part being translatable along a longitudinal axis (XX′) between an open position for inserting and/or ejecting the pod and a closed position for forming an extraction chamber enclosing the pod during extraction (the head support 7 and lower brewing head 9 moves along an axis referenced as ∆y in Fig. 3, par. 77-78, and closes on the capsule and opens to eject the capsule, par. 88, Figs. 3-5),
the upstream part defining a cage and bearing an upstream piercing arrangement for opening the bottom wall of the pod and a liquid injector (brewer head support 7 with the lower brewing head 9 forms a cage around the capsule, Fig. 7, and the water injection means 38 are pushed into the upper surface of the capsule, par. 102, Fig. 7),
the downstream part defining a plate transverse to the longitudinal axis (XX′) (lower brewing head is transverse to ∆y in Fig. 3) and, said plate comprising:
a downstream plane piercing arrangement for opening the lid of the pod (perforation means 32 opens the lower face of the capsule 24, Fig. 7),
a peripheral area (edge of the lower brewing head, Fig. 7), and
an insertion section for inserting the pod in the device, said insertion section being designed to position the pod with the lid facing the downstream piercing arrangement (capsule is inserted through the sliding door 11 and positions the capsule to be pierced by the perforation means 32, par. 99, Fig. 6), and
a pod holder (annular member 34 of the lower capsule ejector, par. 111, Fig. 5), said pod holder being attached to said peripheral area of the downstream part and said pod holder (annular member is attached a pivoting point of the lower brewing head, Fig. 5) being movable between:
a receiving position for receiving and holding the lid of the pod in front of the downstream plane piercing arrangement (annular member 34 holds the pod, Fig. 5),
a retracted position at the lateral sides of the downstream plane piercing arrangement (annular member 34 is retracted to the sides of the downstream component, Fig. 3),
wherein said pod comprises:
a pod body (capsule 24, Fig. 1), said pod body comprising:
a side wall and a bottom wall defining a chamber, said chamber extending axially between the bottom and a top opening (capsule has a top end)
a circumferential annular body flange projecting radially outward from the top end of the sidewall (capsule has a flange, Fig. 6), said flange comprising a top surface opposite to the chamber with respect to the opening (upper half of the capsule can be considered part of body flange with top surface; additionally, the capsules can have a pad shape or cup shape, par. 46),
said pod body containing a beverage ingredient (ingredients are contained within the capsule, par. 54),
a top lid attached to the top surface of the circumferential flange, said top lid closing the top opening of the pod body (upper half of the capsule can be considered part of body flange with top surface; additionally, the capsules can have a pad shape or cup shape, par. 46).
Jarisch does not disclose said pod holder comprising a pair of retaining and positioning elements, each of said elements comprising a lower holding surface and a transverse arc-shaped ridge,
said pair of retaining and positioning elements being pushable from the receiving position to the retracted position by the upstream enclosing part when said upstream enclosing part is translated longitudinally from the open position to the closed position, and
wherein the retaining and positioning elements move from the receiving position to the retracted position along diverging directions.
Jarisch 2009 discloses a coffee machine and a pod holder (position component 9) wherein said pod holder comprising a pair of retaining and positioning elements (fingers 93 and 94, Fig. 7), each of said elements comprising a lower holding surface and a transverse arc-shaped ridge (fingers 93 and 94 have a holding surface 98/99 with an sloped ridge, Fig. 7),
said pair of retaining and positioning elements being pushable from the receiving position to the retracted position by the upstream enclosing part when said upstream enclosing part is translated longitudinally from the open position to the closed position (fingers 93/94 is pushed by the springs 85 in the upstream component, par. 41, Fig. 5), and
wherein the retaining and positioning elements move from the receiving position to the retracted position along diverging directions (fingers 93/94 move away from each other when engaging/disengaging the abutment surfaces 86/87 when moved from the retracted to opening position, par. 49-50, Fig. 2 and 5 ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jarisch to incorporate the teachings of Jarisch 2009 and include the retaining and position elements on the annular member. Doing so would have the benefit of retaining and securing the pod holder between positions for repeatable and reliable cycling (par. 23, Jarisch 2009).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SIMPSON A CHEN whose telephone number is (571)272-6422. The examiner can normally be reached Mon-Fri 8-5.
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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.
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/SIMPSON A CHEN/ Examiner, Art Unit 3761
/ELIZABETH M KERR/ Primary Examiner, Art Unit 3761
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