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, 4, and 6 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).
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,
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
wherein, in the closed position:
the central part of the peripheral area of the downstream enclosing part, the downstream plane piercing arrangement and the cage of the upstream enclosing part form the extraction chamber,
the edge of the opened end of the cage defined by the upstream enclosing part faces the central part of the peripheral area of the downstream enclosing part,
and
wherein the peripheral area of the downstream enclosing part is able to pivot around an axis (YY'), said axis being transversal to the longitudinal axis (XX') and positioned at the bottom of the upstream enclosing part, the peripheral area being able to pivot in the direction of the upstream enclosing 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 said peripheral surrounding the fixed downstream plane piercing arrangement, the central part of the peripheral area of the downstream enclosing part, the downstream plane piercing arrangement and the cage of the upstream enclosing part form the extraction chamber,
the edge of the opened end of the cage defined by the upstream enclosing part faces the central part of the peripheral area of the downstream enclosing part,
and
wherein the peripheral area of the downstream enclosing part is able to pivot around an axis (YY'), said axis being transversal to the longitudinal axis (XX') and positioned at the bottom of the upstream enclosing part, the peripheral area being able to pivot in the direction of the upstream enclosing part.
Jarisch discloses a coffee extracting machine wherein a peripheral area, said peripheral surrounding the fixed downstream plane piercing arrangement (annular member 34 of the lower capsule ejector, par. 111, Fig. 5), the central part of the peripheral area of the downstream enclosing part, the downstream plane piercing arrangement and the cage of the upstream enclosing part form the extraction chamber (the center of the annular member 34, upper, and lower brew head form a cage when closed, Fig. 7),
the edge of the opened end of the cage defined by the upstream enclosing part faces the central part of the peripheral area of the downstream enclosing part (edge of the upper brew head faces the central part of the annular member 34, Fig. 5),
and
wherein the peripheral area of the downstream enclosing part is able to pivot around an axis (YY') (annular member 34 pivots about an axis, Fig. 5), said axis being transversal to the longitudinal axis (XX') and positioned at the bottom of the upstream enclosing part (the rotating axis is perpendicular to ∆x in Fig. 3),
the peripheral area being able to pivot in the direction of the upstream enclosing part (annular member 34 pivots in a direction up towards the upper brew head, 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 claim 1 to incorporate the teachings of Jarisch and provide the annular member. Doing so would have the benefit of removing the pod after extraction is complete (par. 91, Fig. 5, Jarisch)
Claim 6: same rejection as above
Claim 4
Claim 1
Claims 1 and 6-7 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3 of copending Application No. 18/720,962 in view of Jarisch (US 2013/0032034 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 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
wherein, in the closed position:
the central part of the peripheral area of the downstream enclosing part, the downstream plane piercing arrangement and the cage of the upstream enclosing part form the extraction chamber,
the edge of the opened end of the cage defined by the upstream enclosing part faces the central part of the peripheral area of the downstream enclosing part,
and
wherein the peripheral area of the downstream enclosing part is able to pivot around an axis (YY'), said axis being transversal to the longitudinal axis (XX') and positioned at the bottom of the upstream enclosing part, the peripheral area being able to pivot in the direction of the upstream enclosing 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 said peripheral surrounding the fixed downstream plane piercing arrangement, the central part of the peripheral area of the downstream enclosing part, the downstream plane piercing arrangement and the cage of the upstream enclosing part form the extraction chamber,
the edge of the opened end of the cage defined by the upstream enclosing part faces the central part of the peripheral area of the downstream enclosing part,
and
wherein the peripheral area of the downstream enclosing part is able to pivot around an axis (YY'), said axis being transversal to the longitudinal axis (XX') and positioned at the bottom of the upstream enclosing part, the peripheral area being able to pivot in the direction of the upstream enclosing part.
Jarisch discloses a coffee extracting machine wherein a peripheral area, said peripheral surrounding the fixed downstream plane piercing arrangement (annular member 34 of the lower capsule ejector, par. 111, Fig. 5), the central part of the peripheral area of the downstream enclosing part, the downstream plane piercing arrangement and the cage of the upstream enclosing part form the extraction chamber (the center of the annular member 34, upper, and lower brew head form a cage when closed, Fig. 7),
the edge of the opened end of the cage defined by the upstream enclosing part faces the central part of the peripheral area of the downstream enclosing part (edge of the upper brew head faces the central part of the annular member 34, Fig. 5),
and
wherein the peripheral area of the downstream enclosing part is able to pivot around an axis (YY') (annular member 34 pivots about an axis, Fig. 5), said axis being transversal to the longitudinal axis (XX') and positioned at the bottom of the upstream enclosing part (the rotating axis is perpendicular to ∆x in Fig. 3),
the peripheral area being able to pivot in the direction of the upstream enclosing part (annular member 34 pivots in a direction up towards the upper brew head, 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 claim 1 to incorporate the teachings of Jarisch and provide the annular member. Doing so would have the benefit of removing the pod after extraction is complete (par. 91, Fig. 5, Jarisch)
Claim 6: same rejection as aboveClaim 7
Claim 3
This is a provisional nonstatutory double patenting rejection.
Claim Objections
Claims 1-4 and 6-10 objected to because of the following informalities:
Claim 1 recites “the central part of the peripheral area of the downstream enclosing part, the downstream plane piercing arrangement and the cage of the upstream enclosing part form the extraction chamber.” This is grammatically incorrect and central part lacks antecedent basis. It is assumed based on the specification that a comma is missing and the limitation should be --a central part of the peripheral area of the downstream enclosing part, the downstream plane piercing arrangement, and the cage of the upstream enclosing part form the extraction chamber--.
Claims 1 and 6 recites “the edge of the opened end of the cage,” this should be –an edge of the opened end of the cage--.
It is noted by the examiner that there are multiple missing commas in the claims. Applicants are encouraged to address these grammatical problems.
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 Interpretation
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 1-4 and 6-10 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 6, 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 6 recites “System comprising an extraction device comprising a device for extracting.” This is a device nested within a device. It is unclear if there are one device or two.
Claim 6 recites “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 plane top lid attached to the top surface of the circumferential flange, said plane top lid closing the top opening of the pod body” twice in the same claim. The second recitation of these limitations should be removed.
Claims 8-10 recite the pod being made of paper and claims dependency on claim 6. However, it is in claim 7 that the pod is disclosed to be made of paper. For examination, it will be interpreted that claims 8-10 are dependent on claim 7.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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 and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jarisch (US 20130032034 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 end of the sidewall (capsule has side and bottom walls, Fig. 6), said top end defining 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 body 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 plane top lid attached to the top surface of the circumferential flange, said plane 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 fixed 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, said peripheral surrounding the fixed downstream plane piercing arrangement (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
wherein, in the closed position:
the central part of the peripheral area of the downstream enclosing part, the downstream plane piercing arrangement and the cage of the upstream enclosing part form the extraction chamber (the center of the annular member 34, upper, and lower brew head form a cage when closed, Fig. 7),
the edge of the opened end of the cage defined by the upstream enclosing part faces the central part of the peripheral area of the downstream enclosing part (edge of the upper brew head faces the central part of the annular member 34, Fig. 5),
and
wherein the peripheral area of the downstream enclosing part is able to pivot around an axis (YY') (annular member 34 pivots about an axis, Fig. 5), said axis being transversal to the longitudinal axis (XX') and positioned at the bottom of the upstream enclosing part (the rotating axis is perpendicular to ∆x in Fig. 3),
the peripheral area being able to pivot in the direction of the upstream enclosing part (annular member 34 pivots in a direction up towards the upper brew head, Fig. 5).
Claim 2. Jarisch discloses a device according to claim 1, wherein the downstream plane piercing arrangement is circular (circular arrangement for the perforation means 32, Fig. 2) and the central part of the peripheral area of the downstream enclosing part forms an annular area (annular member 34, Fig. 5).
Claim 3. Jarisch discloses a device according to Claim 1, wherein the upstream pod enclosing part comprises a pulling member configured to engage with upper parts of the peripheral area of the downstream enclosing part, when the upstream pod enclosing part is moved from the closed position to an open position for ejecting the pod (ejector control 35 positioned at an upper part of the annular member helps rotate the annular member, par. 88-89, Fig. 5).
Claim 6. Jarisch discloses the 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 end of the sidewall (capsule has side and bottom walls, Fig. 6), said top end defining 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 body 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 plane top lid attached to the top surface of the circumferential flange, said plane 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 fixed 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, said peripheral surrounding the fixed downstream plane piercing arrangement (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
wherein, in the closed position:
the central part of the peripheral area of the downstream enclosing part, the downstream plane piercing arrangement and the cage of the upstream enclosing part form the extraction chamber (the center of the annular member 34, upper, and lower brew head form a cage when closed, Fig. 7),
the edge of the opened end of the cage defined by the upstream enclosing part faces the central part of the peripheral area of the downstream enclosing part (edge of the upper brew head faces the central part of the annular member 34, Fig. 5),
and
wherein the peripheral area of the downstream enclosing part is able to pivot around an axis (YY') (annular member 34 pivots about an axis, Fig. 5), said axis being transversal to the longitudinal axis (XX') and positioned at the bottom of the upstream enclosing part (the rotating axis is perpendicular to ∆x in Fig. 3),
the peripheral area being able to pivot in the direction of the upstream enclosing part (annular member 34 pivots in a direction up towards the upper brew head, Fig. 5).
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 end of the sidewall (capsule has side and bottom walls, Fig. 6), said top end defining 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 body 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 plane top lid attached to the top surface of the circumferential flange, said plane 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
and wherein, when the upstream and downstream enclosing parts are in the closed position, the central part of the peripheral area of the downstream enclosing part is designed to face the circumference of the top end of the sidewall of the pod body (annular member 34 faces the circumference of the upper brewing head, Fig. 7).
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jarisch.
Claim 4. Jarisch discloses the device according to claim 1, wherein said device comprises a pod holder (stop wall 39, par. 101, Fig. 6),
Jarisch does not disclose that the stop wall is part of the peripheral rea of the downstream part.
However, it would have been obvious to one of ordinary skill in the art to make the stop wall integral with the peripheral area of the downstream part. Doing so would have been a matter of obvious engineering choice. In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965). MPEP 2144.04.V.B.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jarisch as applied to claim 6 above, and further in view of Capitani (US 2014/0083873 A1).
Claim 7. Jarisch discloses the System according to claim 6, 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.
Capitani discloses a capsule for coffee wherein the capsule is made of paper to resolve disposal problems (par. 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 Capitani and provide a paper capsule. Doing so would have the benefit of resolving the problem of disposing plastic capsules (par. 4, Capitani).
Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jarisch in view of Capitani as applied to claim 6 above, and further in view of
Schroder, A., and Djamel Bensarsa. "The Young's modulus of wet paper." Journal of pulp and paper science 28.12 (2002): 410-415.
Claim 8. Jarisch in view of Capitani discloses the system according to claim 6, wherein the mechanical properties of the paper material decreases when it is wetted (the claim is reciting a mechanical property of paper which is inherent, as disclosed by Schroder).
Schroder discloses the Young’s modulus of wet paper wherein the Young’s modulus is 3840 MPa when dry and 78 MPa when wet (Table II).
Claim 9. Jarisch in view of Capitani discloses the system according to claim 6, wherein the elastic modulus of the paper material becomes ten times less when it is wetted (the claim is reciting a mechanical property of paper which is inherent, as disclosed by Schroder).
Schroder discloses the Young’s modulus of wet paper wherein the Young’s modulus is 3840 MPa when dry and 78 MPa when wet (Table II).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jarisch in view of Capitani as applied to claim 6 above, and further in view of
Schroder, A., and Djamel Bensarsa. "The Young's modulus of wet paper." Journal of pulp and paper science 28.12 (2002): 410-415,
Li, Qiuyue, and Ke Liu. "Wet strength paper." (2014).
Claim 10. Jarisch in view of Capitani does not disclose the system according to 6, wherein the paper material of the pod presents: an elastic modulus of at least 2000 MPa when dry and of less than 250 MPa when wet, and a tensile strength of at least 30 MPa when dry and less than 10 MPa when wet.
Schroder discloses the Young’s modulus of wet paper wherein the Young’s modulus is 3840 MPa when dry and 78 MPa when wet (Table II).
Liu discloses the tensile strength of wet and dry kraft paper in table 2 wherein dry kraft paper is 69 MPa and the wet kraft paper is 8.4 MPa. The numbers were obtained by taking the tensile strength in kN/m and dividing it by the thickness. This is because the International standard 12625-5,15,2014 calculates the tensile strength using the maximum tensile force per unit width.
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 Capitani to incorporate the teachings of Schroder and Liu and use paper with the mechanical properties disclosed. One of ordinary skill in the art would be able to easily select paper with the mechanical properties disclosed based on design specifications.
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.
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SIMPSON A CHEN/Examiner, Art Unit 3761
/ELIZABETH M KERR/Primary Examiner, Art Unit 3761
Prosecution Insights