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.
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Claims 1, 3, and 8 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/720,991 in view of Jarisch (US 2013/0032034 A1) in view of Hammad (US 7730829 B2).
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 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
and wherein the periphery of the opened end of the cage defined by the upstream enclosing part is covered by a seal, and said seal is configured to be pressed against the peripheral area of the plate of the downstream part when the first and second enclosing parts are in the closed position, and said seal comprises a ridge, said ridge rising in the downstream direction, and
wherein, in the closed position of the downstream and the upstream enclosing parts a central part of the flange of the pod is pinched by the ridge of the seal of the upstream enclosing part against the peripheral area of the plate of the downstream part.
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.
The instant claim 1 does not disclose wherein the periphery of the opened end of the cage defined by the upstream enclosing part is covered by a seal, and said seal is configured to be pressed against the peripheral area of the plate of the downstream part when the first and second enclosing parts are in the closed position, and said seal comprises a ridge, said ridge rising in the downstream direction, and
wherein, in the closed position of the downstream and the upstream enclosing parts a central part of the flange of the pod is pinched by the ridge of the seal of the upstream enclosing part against the peripheral area of the plate of the downstream part.
Hammad discloses a coffee machine with a pod 47 (abstract, Fig. 3) wherein the periphery of the opened end of the cage defined by the upstream enclosing part is covered by a seal (annular contact surface 80, Fig. 3), and
said seal is configured to be pressed against the peripheral area of the plate of the downstream part when the first and second enclosing parts are in the closed position (contact surface 80 clamps down and encloses the pod area, Fig. 5), and
said seal comprises a ridge, said ridge rising in the downstream direction (contact surface has serrations 81, Fig. 4), and
wherein, in the closed position of the downstream and the upstream enclosing parts, a central part of the flange of the pod is pinched by the ridge of the seal of the upstream enclosing part against the peripheral area of the plate of the downstream part (contact surface has serrations 81 and 82 which crimps the pod’s upper member 120, col 4 lines 60-67, Fig. 4).
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 Hammad and have serrations for sealing the cup’s flange. Doing so would have the benefit of securely holding the pod within the machinehead.
Claim 3
Claim 8: same rejection as above
Claim 7
Claims 1 and 8 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/720,935 in view of Jarisch (US 2013/0032034 A1) in view of Hammad (US 7730829 B2).
Instant Claims
Reference Claims
Claim 1. System comprising an extraction device 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,
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 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
and wherein the periphery of the opened end of the cage defined by the upstream enclosing part is covered by a seal, and said seal is configured to be pressed against the peripheral area of the plate of the downstream part when the first and second enclosing parts are in the closed position, and said seal comprises a ridge, said ridge rising in the downstream direction, and
wherein, in the closed position of the downstream and the upstream enclosing parts a central part of the flange of the pod is pinched by the ridge of the seal of the upstream enclosing part against the peripheral area of the plate of the downstream part.
Claim 1. System comprising an extraction device 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 opening,
a circumferential annular flange projecting radially outward from the top opening, said flange comprising an upper surface opposite to the chamber with respect to the opening,
said pod body containing a beverage ingredient,
and a top lid attached to the upper surface of the circumferential flange, said top lid closing the top opening of the pod body,
and
wherein the extraction device comprises:
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 downstream plane piercing arrangement for opening the lid of the pod, and
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, and
The instant claim 1 does not disclose wherein the periphery of the opened end of the cage defined by the upstream enclosing part is covered by a seal, and said seal is configured to be pressed against the peripheral area of the plate of the downstream part when the first and second enclosing parts are in the closed position, and said seal comprises a ridge, said ridge rising in the downstream direction, and
wherein, in the closed position of the downstream and the upstream enclosing parts a central part of the flange of the pod is pinched by the ridge of the seal of the upstream enclosing part against the peripheral area of the plate of the downstream part.
Hammad discloses a coffee machine with a pod 47 (abstract, Fig. 3) wherein the periphery of the opened end of the cage defined by the upstream enclosing part is covered by a seal (annular contact surface 80, Fig. 3), and
said seal is configured to be pressed against the peripheral area of the plate of the downstream part when the first and second enclosing parts are in the closed position (contact surface 80 clamps down and encloses the pod area, Fig. 5), and
said seal comprises a ridge, said ridge rising in the downstream direction (contact surface has serrations 81, Fig. 4), and
wherein, in the closed position of the downstream and the upstream enclosing parts, a central part of the flange of the pod is pinched by the ridge of the seal of the upstream enclosing part against the peripheral area of the plate of the downstream part (contact surface has serrations 81 and 82 which crimps the pod’s upper member 120, col 4 lines 60-67, Fig. 4).
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 Hammad and have serrations for sealing the cup’s flange. Doing so would have the benefit of securely holding the pod within the machinehead.
Claim 8: same rejection as above
This is a provisional nonstatutory double patenting rejection.
Claim Objections
Claims 1-8 objected to because of the following informalities:
Claim 1 recites “System comprising…,” this should be –A system comprising…--.
Claim 5 recites “System according to a claim 1” this should be –The system according to [[a]] claim 1--.
Claim 8 recites “supplying an extraction liquid such as heated water into in a pod.” This should be -- supplying an extraction liquid such as heated water into [[in]] a pod--.
Claims 2-7 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 1-8 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.
Claims 1 and 8 recite “when the first and second enclosing parts,” which lack antecedent basis.
Claims 1 and 8 recites “a bottom wall” and “the bottom.” It is unclear if “the bottom” is referring to the bottom wall.
Claim 6 recites “the body flange” which lacks antecedent basis.
The term “about” in claim 6 is a relative term which renders the claim indefinite. The term “about” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Regarding claim 8, 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).
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) 1-2 and 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable by Jarisch (US 20130032034 A1) in view of Hammad (US 7730829 B2)
Claim 1. Jarisch discloses System comprising an extraction device and a pod (extraction module, title; hot water is injected into the capsule 24 to extract coffee, par. 47), wherein the 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 bottom and top, Fig. 6),
a circumferential annular body flange projecting radially outward from the top opening (capsule has a flange, Fig. 6), said flange comprising a upper 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 upper 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
wherein the extraction device comprises:
upstream (brewer head support 7, Fig. 1) and downstream pod (lower brewing head 9, Fig. 6) 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 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), 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 (annular member 34 of the lower capsule ejector, par. 111, Fig. 5),
and
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 (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
Jarisch does not disclose wherein the periphery of the opened end of the cage defined by the upstream enclosing part is covered by a seal, and
said seal is configured to be pressed against the peripheral area of the plate of the downstream part when the first and second enclosing parts are in the closed position, and
said seal comprises a ridge, said ridge rising in the downstream direction, and
wherein, in the closed position of the downstream and the upstream enclosing parts, a central part of the flange of the pod is pinched by the ridge of the seal of the upstream enclosing part against the peripheral area of the plate of the downstream part.
Hammad discloses a coffee machine with a pod 47 (abstract, Fig. 3) wherein the periphery of the opened end of the cage defined by the upstream enclosing part is covered by a seal (annular contact surface 80, Fig. 3), and
said seal is configured to be pressed against the peripheral area of the plate of the downstream part when the first and second enclosing parts are in the closed position (contact surface 80 clamps down and encloses the pod area, Fig. 5), and
said seal comprises a ridge, said ridge rising in the downstream direction (contact surface has serrations 81, Fig. 4), and
wherein, in the closed position of the downstream and the upstream enclosing parts, a central part of the flange of the pod is pinched by the ridge of the seal of the upstream enclosing part against the peripheral area of the plate of the downstream part (contact surface has serrations 81 and 82 which crimps the pod’s upper member 120, col 4 lines 60-67, Fig. 4).
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 Hammad and have serrations for sealing the cup’s flange. Doing so would have the benefit of securely holding the pod within the machinehead.
Claim 2. Jarisch in view of Hammad discloses a system according to claim 1, wherein the peripheral area of the downstream enclosing part comprises a groove and, when the upstream and downstream pod enclosing parts are in the closed position, the ridge faces said groove (grooved serrations 81 and 82 crimp the filter member 120 of the pod, col 4 lines 60-67, Fig. 4, Hammad).
Claim 7. Jarisch in view of Hammad discloses system according to claim 1, wherein the extraction device is part of a beverage preparation machine (beverage extraction apparatus, abstract).
Claim 8. 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 bottom and top, Fig. 6),
a circumferential annular body flange projecting radially outward from the top opening (capsule has a flange, Fig. 6), said flange comprising a upper 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 upper 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:
upstream (brewer head support 7, Fig. 1) and downstream pod (lower brewing head 9, Fig. 6) 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 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), 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 (annular member 34 of the lower capsule ejector, par. 111, Fig. 5),
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 (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
Jarisch does not disclose wherein the periphery of the opened end of the cage defined by the upstream enclosing part is covered by a seal, and
said seal is configured to be pressed against the peripheral area of the plate of the downstream part when the first and second enclosing parts are in the closed position, and
said seal comprises a ridge, said ridge rising in the downstream direction, and
wherein the peripheral area of the downstream enclosing part comprises a groove, said groove presenting a shape conformal to the shape of the ridge of the seal and, when the upstream and downstream pod enclosing parts are in the closed position, the ridge faces said groove.
Hammad discloses a coffee machine with a pod 47 (abstract, Fig. 3) wherein the periphery of the opened end of the cage defined by the upstream enclosing part is covered by a seal (annular contact surface 80, Fig. 3), and
said seal is configured to be pressed against the peripheral area of the plate of the downstream part when the first and second enclosing parts are in the closed position (contact surface 80 clamps down and encloses the pod area, Fig. 5), and
said seal comprises a ridge, said ridge rising in the downstream direction (contact surface has serrations 81 and 82, col 4 lines 60-67, Fig. 4), and
wherein the peripheral area of the downstream enclosing part comprises a groove, said groove presenting a shape conformal to the shape of the ridge of the seal and, when the upstream and downstream pod enclosing parts are in the closed position, the ridge faces said groove (contact surface has serrations 81 and 82, col 4 lines 60-67, Fig. 4), and
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 Hammad and have serrations for sealing the cup’s flange. Doing so would have the benefit of securely holding the pod within the machinehead.
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jarisch in view of Hammad as applied to claim 1 above, and further in view of Yoakim (US 2010/0239717 A1).
Claim 3. Jarisch in view of Hammad discloses the System according to claim 1, wherein the body and the lid of the pod are made of
Jarisch does not disclose that the pod and lid are made from paper.
Yoakim discloses a capsule for coffee wherein the capsule is made of paper to resolve disposal problems (claim 9).
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 in view of Hammad to incorporate the teachings of Yoakim and provide a paper capsule. Doing so would have the benefit of resolving the problem of disposing plastic capsules (par. 47, Yoakim).
Claim 4. Jarisch in view of Hammad does not disclose system according to claim 1, wherein the body is made of a paper material presenting a thickness of at least 100 μm.
Yoakim discloses a capsule for coffee wherein the capsule is made of paper and can have a thickness of at least 0.5 mm (claim 9).
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 in view of Hammad to incorporate the teachings of Yoakim and provide a paper capsule with a thickness of at least 0.5 mm. Doing so would have the benefit of resolving the problem of disposing plastic capsules (par. 47, Yoakim).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jarisch in view of Hammad as applied to claim 1 above, and further in view of Okamoto (US 2017/0107034 A1).
Claim 5. Jarisch in view of Hammad does not disclose the system according to a claim 1, wherein the pod body is manufactured by forcing a disc of paper material in a mould.
Okamoto discloses a compostable paper container, which can be used for single-use coffee pods (par. 64), wherein the container can be formed by forcing the paper into a mold (par. 34).
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 in view of Hammad to incorporate the teachings of Okamoto and provide a pod body manufactured in this way. Okamoto demonstrates that one of ordinary skill in the art would know that a paper pod body can be manufactured by forcing paper into a mold.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jarisch in view of Hammad as applied to claim 1 above, and further in view of Bambagioni (US 2020/0391935 A1).
Claim 6. Jarisch in view of Hammad does not disclose the system according to claim 1, wherein the bottom face of the body flange comprises wrinkles, said wrinkles presenting a depth comprised between about 25 μm and 200 μm.
Bambagioni discloses a coffee capsule wherein the bottom of the flange has protrusions with a height between 0.1 mm to 1.2 mm (par. 71, Fig. 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 in view of Hammad to incorporate the teachings of Bambagioni and provide a paper capsule with wrinkles at the bottom of the capsule flange. Bambagioni demonstrates that such wrinkle structures can be a product of forming a liquid-tight sealing contact between the capsule and its lid.
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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/SIMPSON A CHEN/Examiner, Art Unit 3761
/ELIZABETH M KERR/Primary Examiner, Art Unit 3761
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