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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Amendment
Applicant's preliminary amendment filed on 6/20/2024 has been entered [Remarks, p. 10: “Pursuant to this Preliminary Amendment, Claims 1-14 have been amended and Claim 15 has been canceled. This Preliminary Amendment does not add new subject matter. Moreover, Applicants note for the record that the Preliminary Amendment is submitted to place the above-identified application in proper U.S. format and not to avoid prior art. Therefore, Applicants do not intend to disclaim any subject matter in view of the Preliminary Amendment.”].
Claims 1-14 are still pending in this application, with claims 1 and 13-14 being independent.
Election/Restrictions
Applicant’s election without traverse of claims 1-13 [Group I, drawn to the machine] in the reply filed on 6/5/2026 is acknowledged. Claim 14 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim.
Specification
The amendment filed 6/20/2024 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: The incorporation by reference of International Patent Application No. PCT/EP2022/087147 and European Patent Application No. EP 21216976.7 is ineffective as it was added on the date of entry into the national phase, which is after the filing date of the instant application. The filing date of this national stage application is the filing date of associated PCT, in this case 12/21/2022, see MPEP 1893.03(b). Therefore the specification amendment of 6/20/2024 to include the incorporation by reference is new matter, per MPEP 608.01(p). For the purposes of this office action, Examiner will interpret the disclosure as reciting “The present application is a National Stage of International Application No. PCT/EP2022/087147, filed on December 21, 2022, which claims priority to European Patent Application No. 21216976.7, filed on December 22, 2021” on p. 1. Applicant is required to cancel the new matter in the reply to this Office Action.
The disclosure is objected to because of the following informalities: “The frame and/or housing can supports a motor…” in p. 10 should be “The frame and/or housing can [[supports]]support a motor…” or “The frame and/or housing ”. Appropriate correction is required. The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Interpretation
The claims are directed towards a machine for centrifuging capsules so as to prepare a beverage.
The terms “ingredient/capsule handler” [see claim 1] is used by the claims to indicate conventional structure known in the art, i.e., structure for loading/holding capsules during beverage preparation.
The terms “beverage conditioner” and “refine” [see claim 11] are used by the claims to indicate conventional structure known in the art, i.e., a cooler or heater for adjusting a temperature of the prepared beverage [p. 5, lines 25-30].
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.
Claims 1-13 are 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.
Claim 1:
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)].
The claim will be interpreted as reciting “A machine for preparing a beverage from a flavouring ingredient held in a processing cavity”
In view of the known features of a valve in the beverage preparing arts, the claim will be interpreted as reciting “the valve being configured to increase and reduce”
The phrase “optionally” 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)]. The claim will be interpreted as reciting “…”
The limitations “the first and second capsule handlers” lack sufficient antecedent basis, and will be interpreted as respectively referring to the first ingredient handler and second ingredient handler.
The limitation “the outlet” lacks sufficient antecedent basis and will be interpreted as referring to the “at least one beverage outlet”
The second recitation of “a beverage flow and/or beverage pressure” in the penultimate paragraph renders the claim indefinite because it is unclear if this is intended to be distinct from the first recitation of a flow/pressure. The limitations “the flow” and “the pressure” lack sufficient antecedent basis.
The claim will be interpreted as reciting “…a centrifugal valve associated with the beverage passage for controlling [[the]]a beverage flow and/or [[the]]beverage pressure of said beverage along the beverage passage, the valve being configured to increase and reducethe beverage flow and/or beverage pressure at a valve portion of the beverage passage”
The said second recitation will be interpreted as “[[a]]the beverage flow and/or beverage pressure”
The limitation “the second rotational speed” lacks sufficient antecedent basis. The claim will be interpreted as reciting “the first inertia body and the second inertia body moving the valve part when the ingredient handling system is rotated at a first rotational speed and at a second rotational speed, respectively, the first rotational speed being different to the second rotational speed” so as to follow the naming convention of the “first rotational speed”.
Claim 2:
The term “substantially” is a relative term which renders the claim indefinite. The term 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. In this case, it is unclear to what level of annularity/radiality is required by the claim. The claim will be interpreted as reciting “wherein the valve part extends ”
Claim 5:
The limitations “the first and second return springs” lacks sufficient antecedent basis. The claim will be interpreted as referring to first return spring 33 and second return spring 33’ in fig. 5 and on p. 17, lines 17-30.
The recitation of “a first and a second rotational speed” renders the claim indefinite because it is unclear if this is intended to be distinct from the rotational speeds recited in claim 1. The claim will be interpreted as reciting “wherein the valve part is connected to at least one return spring to move the valve part into a spring-release position, the first and second inertia bodies moving to further constrain the first and second return springs respectively, when the ingredient handling system is rotated at [[a]]the first and [[a]] second rotational speed, respectively”
Claim 8:
The limitations “one or more of the beverage outlet(s)”, “the water inlet(s)”, and “the water inlet” lack sufficient antecedent basis. The claim will be interpreted as reciting “wherein the processing cavity has at least one of: one or more capsule openers associated with [[one or more of the beverage outlet(s)]]the at least one beverage outlet and [[the water inlet(s)]]the at least one water inlet; a plurality of beverage outlets peripherally arranged at the processing cavity about the central processing axis; and the at least one water inlet located at the processing cavity on or adjacent to the processing axis.”
Claim 9:
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)].
The recitation of “a valve portion” renders the claim indefinite because it is unclear if this is intended to be distinct from the valve portion recited in claim 1.
The claim will be interpreted as reciting “wherein the valve part displaces a gate to increase and reducethe valve portion of the passage”
Claim 11:
The phrase “for instance” 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)].
The limitation “the beverage outlet” lacks sufficient antecedent basis.
The claim will be interpreted as reciting “which comprises a beverage conditioner delimiting a conditioning cavity, the conditioning cavity being fluidically connected with the beverage passage, the conditioning cavity being configured to refine said beverage supplied from the at least one beverage outlet via the beverage passage, the valve being for instance fluidically located between the at least one beverage outlet and the conditioning cavity”
Claims 2-12 are also rejected due to dependence on a rejected claim.
Claim 13:
The claim recites “A system comprising a machine for preparing a beverage from a flavouring ingredient in a processing cavity, such as a cavity for holding said ingredient supplied within a capsule… and a capsule containing a flavouring ingredient.”
Claim 13 is rendered indefinite because it is unclear if the second recitation of “a capsule” is intended to be distinct from the capsule recited in line 3. The claim is being interpreted as being a substantial duplicate of claim 1, since it has all the limitations of claim 1 and merely adds the underlined portions.
Therefore, the claim is also rejected under 35 U.S.C. 112(b) for the same reasons presented for claim 1 above.
Furthermore, Applicant is advised that should claim 1 be found allowable, claim 13 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claims 1-6, 8-10 and 13 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Hugi (US 20180310749 A1).
Regarding claim 1,
Hugi teaches:
A machine [fig. 1: device 1] for preparing a beverage from a flavouring ingredient in a processing cavity, such as a cavity for holding said ingredient supplied within a capsule [capsule 17], by mixing said ingredient with water and centrifugally driving such ingredient and said water about a processing axis to form said beverage [axis A; para. 0002: “The present disclosure relates to the field of the preparation of a beverage by centrifugation. In particular, it relates to a device for preparing a beverage such as coffee by using centrifugation to brew and extract the beverage from a receptacle.”], such machine comprising:
a rotatable ingredient handling system for holding and rotating said flavouring ingredient and water during centrifugation about the processing axis [para. 0075: “The device 1 of the present disclosure generally comprises as known 'per se' a centrifugal brewing unit 2 for receiving and centrifuging a receptacle such as a removable capsule 17. The centrifugal brewing unit 2 is designed for preparing a beverage such as coffee, from both a beverage ingredient contained in the capsule 17 and water injected in the capsule 17.
”], the ingredient handling system having
at least one beverage outlet [first rotating section 40a; para. 0079: “As can be seen in FIG. 1, the means 40 for draining the beverage from the capsule comprise a first section 40a (when seen in the flow direction of the produced beverage) which is part of the rotating parts 30 of the beverage production device 1. An interface 32 is provided at which the beverage is guided ("handed over") from the first rotating section 40a to a second section 40b of the beverage draining means 40, which second section 40b is part of the static parts 31 of the beverage production device.”] and
at least one water inlet for supplying said water to said ingredient [injector 35; para. 0078: “The liquid interfacing part 8 can comprise an injector 35 designed for supplying (e.g. injecting) a liquid like water in the (e.g. along the rotational center axis of the) capsule 17.”], optionally the system having
a first ingredient handler and a second ingredient handler [parts 8 and 16; para. 0076: “The brewing unit 2 comprises two rotating parts 30 connected together, in particular, a liquid interfacing part 8 and a holding part or capsule holder 16. The two parts 8, 16 are designed for holding the capsule 17 containing a beverage ingredient...”] that are movable one relative to the other from:
an ingredient transfer configuration for receiving said ingredient by the first and second capsule handlers and/or releasing said ingredient from the first and second ingredient handlers [i.e., configuration for the loading/unloading of the removable capsule]; to
an ingredient processing configuration for centrifuging said ingredient and water by rotation about the processing axis [i.e., configuration during brewing; para. 0076: “The rotating parts are arranged in closure, i.e. are connected together by connections at least during rotation in such a manner that these parts 8, 16 rotate together about an axis A with the capsule 17 during centrifugation. It should be noted that the capsule holder 16 may take various configurations and may not necessary be completely separable from the first rotating part.”]; and
a beverage passage [second section 40b], the passage being configured to guide said beverage from the outlet towards a beverage dispensing outlet [beverage production device outlet 8; para. 0079: “The second (static) section 40b comprises a collector 33, a collector exit 34 leading to a beverage production device outlet 38 arranged to guide the beverage into a beverage receptacle 39.”];
a centrifugal valve [valve 50] associated with the beverage passage for controlling the flow and/or the pressure of said beverage along the beverage passage, the valve being configured to increase and reduce, such as allow and interrupt, a beverage flow and/or beverage pressure [paras. 0081: “In the embodiments explained in the following these means for modifying the flow characteristics of the beverage draining means comprise a valve 50 in the particular mode of FIGS. 2a, 2b… The inventors have found out that modifying the flow characteristics, especially the flow resistance of the beverage draining means 40 has an impact on the characteristics of the produced beverage. E.g. when a coffee beverage is produced, increasing the flow resistance of the beverage draining means 40 causes a pressure drop which in turn promotes the production of the so-called "crema". The "crema" 41 will actually occur when the beverage is dispensed in the beverage receptacle 39 ("in-cup crema").”] at a valve portion of the passage [i.e., the flow cross-section of a valve]; and
a machine frame and/or housing which is stationary when the ingredient handling system is rotated for centrifugation and which supports the ingredient handling system [i.e., static parts 31 that do not rotate during centrifuging],
the centrifugal valve having a valve frame and, relatively movable thereto, a valve part [i.e., the static portions of a valve relative to the movable portions], the valve part having a first inertia body that has a first centre of inertia that is off-set relative to the processing axis to move by rotation the valve part towards a closed or opened position to control a beverage flow and/or beverage pressure along the beverage passage [para. 0090: “The forces for closing the valve 50 (or reducing its flow cross-section) in the shown example are generated by centrifugal forces caused by the rotation of a mass of inertia including the pivot means 56. When the capsule 17 and the rotating parts of the beverage production device are rotated, the centrifugal forces will cause a rotation or pivoting of the membrane 54 (against the clock in the shown example) around the axis 55 (which is an axis perpendicular to the rotation axis of the capsule and, in certain non-limiting embodiments, perpendicular to a radial direction of the capsule in the transversal section of FIG. 2a ), which rotation will cause an increase of the flow resistance of the beverage draining means. Again, the rotation of the membrane is just an example for a control of the valve state towards a state in which the valve increases the flow resistance of the beverage draining means 40.”],
the valve part is actuated by a second inertia body that has a second centre of inertia that is off-set relative to the processing axis to move the valve part by rotation towards a closed or opened position [paras. 0088-89: “The pivot means 56 is one example for external valve state operating means. When rotated, the mass of the pivot means 56 (and any mass fixedly connected thereto) generates a centrifugal force, which one example of a force generated "externally", i.e. not internally (inside the beverage draining means) by flowing beverage. This external force is then used to control the change of the state of the valve 50. In FIGS. 2a, 2b a least one additional mass 61 is shown which is attached ( e.g., screwed) to the pivot means 56 to adjust and increase the centrifugal forces upon rotation.”], the first inertia body and the second inertia body moving the valve part when the ingredient handling system is rotated at a first rotational speed and at a second speed [para. 0103: “In the embodiment of FIGS. 2a, 2b the state of the valve is modified by changing the rotational speed of the capsule and the rotating parts of the beverage production device. In an example, thus the production of "crema" on top of a coffee beverage can be controlled by adapting the rotational speed during the beverage production process.”], respectively, the first rotational speed being different to the second rotational speed [para. 0091: “It is easily understood that the higher the rotational speed, the higher the centrifugal forces ( essentially the centrifugal forces increase with the square of the rotational speed). Thus, the higher the rotational speed, the higher the closing force.”].
Regarding claim 2, Hugi teaches the machine of claim 1.
Hugi also teaches:
wherein the valve part extends substantially annularly around the processing axis and/or substantially radially, relative to the processing axis [see fig. 4, showing a plurality of pivot means extending annularly around the processing axis; para. 0115].
Regarding claim 3, Hugi teaches the machine of claim 1.
Hugi also teaches:
wherein the valve part is configured to rotate about the processing axis during centrifugation [para. 0088].
Regarding claim 4, Hugi teaches the machine of claim 1.
Hugi also teaches:
wherein the valve part is movable axially relative to the processing axis to control said beverage flow and/or beverage pressure [i.e., due to rotation, the pivot means pivots axially relative to the centrifuging axis].
Regarding claim 5, Hugi teaches the machine of claim 1.
Hugi also teaches:
wherein the valve part is connected to at least one return spring to move the valve part into a spring-release position, the first and second inertia bodies moving to further constrain the first and second return springs respectively, when the ingredient handling system is rotated at a first and a second rotational speed, respectively, the first rotational speed being different to the second rotational speed [spring 57 for biasing the valve in the open state; para. 0092].
Regarding claim 6, Hugi teaches the machine of claim 1.
Hugi teaches:
wherein the valve extends diametrally and/or annularly relative to the processing axis [see fig. 4, showing valve 50 as a plurality of pivot means, the valve extending annularly around the processing axis A].
Regarding claim 8, Hugi teaches the machine of claim 1.
Hugi also teaches:
wherein the processing cavity has at least one of:
one or more capsule openers associated with one or more of the beverage outlet(s) and the water inlet(s) [para. 0078: “At the periphery of the lower surface of the liquid interfacing part 8 is located a series of beverage extracting means 36 designed to perforate the inlet wall 37 of the capsule 17 in multiple zones to provide multiple beverage outlets for finally extracting the beverage from the capsule 17.”; and fig. 12: injector 35];
a plurality of beverage outlets peripherally arranged at the processing cavity about the central processing axis [e.g., the perforations created in the capsule]; and
the water inlet located at the processing cavity on or adjacent to the processing axis [see fig. 1].
Regarding claim 9, Hugi teaches the machine of claim 1.
Hugi also teaches:
wherein the valve part displaces a gate [membrane 54; para. 0046: “The valve may comprise a flexible membrane arranged to vary the free cross-section of the beverage draining means when displaced. This action of the flexible membrane thereby determines the flow resistance of the beverage draining means.”] to increase and reduce, such as allow and interrupt, said beverage flow and/or beverage pressure at a valve portion of the passage [para. 0085].
Regarding claim 10, Hugi teaches the machine of claim 1.
Hugi also teaches:
wherein the beverage passage and a water conduit leading to said at least one water inlet extend adjacently one to another or extend one within the other [see fig. 2a showing beverage passage channel 51 and adjacent water conduit injector 8].
Regarding claim 13, Hugi teaches the machine of claim 1.
Therefore, in view of the interpretation of claim 13 as a substantial duplicate of claim 1, Hugi teaches, for the same reasons presented above for claim 1: A system comprising
a machine for preparing a beverage from
a flavouring ingredient in
a processing cavity, such as a cavity for holding said ingredient supplied within a capsule,
by mixing said ingredient with water and centrifugally driving such ingredient and said water about a processing axis to form said beverage,
such machine comprising:
a rotatable ingredient handling system for holding and rotating said flavouring ingredient and water during centrifugation about the processing axis, the ingredient handling system having
at least one beverage outlet and
at least one water inlet for supplying said water to said ingredient, optionally the system having
a first ingredient handler and a second ingredient handler that are movable one relative to the other from:
an ingredient transfer configuration for receiving said ingredient by the first and second capsule handlers and/or releasing said ingredient from the first and second ingredient handlers; to
an ingredient processing configuration for centrifuging said ingredient and water by rotation about the processing axis; and
a beverage passage, the passage being configured to guide said beverage from the outlet towards a beverage dispensing outlet;
a centrifugal valve associated with the beverage passage for controlling the flow and/or the pressure of said beverage along the beverage passage, the valve being configured to increase and reduce, such as allow and interrupt, a beverage flow and/or beverage pressure at a valve portion of the passage; and
a machine frame and/or housing which is stationary when the ingredient handling system is rotated for centrifugation and which supports the ingredient handling system,
the centrifugal valve having
a valve frame and, relatively movable thereto,
a valve part, the valve part having
a first inertia body that has a first centre of inertia that is off-set relative to the processing axis to move by rotation the valve part towards a closed or opened position to control a beverage flow and/or beverage pressure along the beverage passage,
the valve part is actuated by a second inertia body that has a second centre of inertia that is off-set relative to the processing axis to move the valve part by rotation towards a closed or opened position, the first inertia body and the second inertia body moving the valve part when the ingredient handling system is rotated at a first rotational speed and at a second speed, respectively, the first rotational speed being different to the second rotational speed and
a capsule containing a flavouring ingredient [para. 0019: “The brewing unit can be configured to receive a dose of food ingredients in a portioned package such as a capsule or pod.”].
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Hugi (US 20180310749 A1) in view of Jarisch (US 20150335193 A1).
Regarding claim 7, Hugi teaches the machine of claim 1.
Hugi also discloses:
wherein the frame and/or housing:
comprises or is fixed to a bottom configured to rest on a support surface external to such machine when the ingredient handling system is rotated about the processing axis for centrifugation[a bottom of the static portions of Hugi’s machine, wherein a user places the machine on a conventional flat and level surface, e.g., a kitchen table, a kitchen counter].
However, Hugi does not explicitly disclose the processing axis being at an angle relative to such bottom in the range of 0° to 80°.
Jarisch, in the same field of endeavor [para. 0002], teaches the processing axis being at an angle relative to such bottom in the range of 0° to 80° [e.g., 0 degrees/horizontal; para. 0056: “The brewing unit 2 comprises two rotating parts connected together, in particular, a liquid interfacing part 8 and a lower holding part 16. The two parts are designed for holding a receptacle 17, such as a capsule containing a beverage ingredient. The device 1 further comprises a rotational driving means such as a rotary motor 86 which is coupled to one of the rotating parts of the brewing module such as the holding part 16 via a coupling means 7 (not mechanically detailed for a simplification purpose). The rotating parts are arranged in closure, i.e. are connected together by connections means as described herein, along a longitudinal axis of rotation “I” at least during rotation in such a manner that these parts 8, 16 rotate together with the receptacle 17 during centrifugation. It should be noted that the axis of rotation “I” is not necessarily vertical but can be inclined by a certain angle relative to vertical or even horizontal.”]
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the machine of Hugi such that the processing axis being at an angle relative to such bottom in the range of 0° to 80°, since Jarisch discloses that the angle is not limited, thus a PHOSITA would select an angle according to the requirements of the given application, e.g., to satisfy device height design limits. Furthermore, it has been held that where the general conditions of a claim are disclosed in the prior art [i.e., that axis of rotation may be inclined vertically, at a certain angle relative to vertical, or horizontal], discovering the optimum or workable ranges involves only ordinary skill in the art [MPEP 2144.05(II)].
Claims 11-12 is rejected under 35 U.S.C. 103 as being unpatentable over Hugi (US 20180310749 A1) in view of Perentes (US 20110293805 A1).
Regarding claim 11, Hugi teaches the machine of claim 1.
However, Hugi does not disclose:
which comprises a beverage conditioner delimiting a conditioning cavity, the conditioning cavity being fluidically connected with the beverage passage, the conditioning cavity being configured to refine said beverage supplied from the beverage outlet via the beverage passage, the valve being for instance fluidically located between the beverage outlet and the conditioning cavity.
Perentes, in the same field of endeavor [a device for preparing beverages; para. 0007: “In one aspect, the present invention relates to a beverage production device for preparing a liquid extract by interaction between a liquid and food ingredients to form the liquid extract by effect of centrifugation of the liquid passing through the ingredients comprising…”],
teaches a beverage conditioner [i.e., additional heating means for adjusting a temperature of a brewed liquid along a beverage passage leaving a brewing unit; para. 0013: “wherein it comprises additional heating means arranged to heat the liquid extract after, when or before it leaves the brewing unit.”]
delimiting a conditioning cavity fluidically connected to a brewing unit [i.e., a space containing the liquid during conditioning, e.g., in the collector 33 of Hugi, and/or in the gap between the brewing unit and collector; para. 0015: “More particularly, the additional heating means can be thermally associated to either one or a combination of: a) the brewing unit, b) the collecting unit and, c) the air gap between the brewing and the collecting unit.”],
a centrifugal valve being located between the conditioning cavity and beverage outlets of the brewing unit [see fig. 1, showing valve means 56 between the capsule in the brewing unit, and collecting unit 18].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the machine of Hugi by including the additional heating means of Perentes such that which comprises a beverage conditioner delimiting a conditioning cavity, the conditioning cavity being fluidically connected with the beverage passage, the conditioning cavity being configured to refine said beverage supplied from the beverage outlet via the beverage passage, the valve being for instance fluidically located between the beverage outlet and the conditioning cavity, since Perentes teaches that the additional heating means so arranged allows for the delivery of the beverage at a suitable temperature of service [i.e., by compensating for thermal losses; para. 0005].
Regarding claim 12, Hugi in view of Perentes discloses the machine of claim 11.
Hugi as modified by Perentes further discloses:
wherein the conditioning cavity [i.e., the additional heating means of Perentes thermally associated with the collector 33 of Hugi] is at least partly off-set relative to the processing cavity along the processing axis [see Hugi fig. 1, showing collector 33 off-set relative to the processing cavity relative to the processing axis, and also Perentes fig. 1, showing collecting unit 18 off set relative to the processing cavity relative to the processing axis].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Kennedy (US 20190233201 A1),
in the same field of endeavor [beverage preparation; para. 0002], teaches
a Peltier device [para. 0369-0379]
for conditioning a temperature of a liquid [i.e., a Peltier element configurable as a heating means or a cooling means]
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE J EVANGELISTA whose telephone number is (571)272-6093. The examiner can normally be reached Monday - Friday, 9am - 5pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edward F Landrum can be reached at (571) 272-5567. 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.
/THEODORE J EVANGELISTA/Examiner, Art Unit 3761 /EDWARD F LANDRUM/Supervisory Patent Examiner, Art Unit 3761
Prosecution Insights