DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Claim 14 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 06/05/2026.
Applicant's election with traverse of Claim 14 (Group II) in the reply filed on 06/05/2026 is acknowledged. The traversal is on the ground(s) that possibility of rejoinder in the case that the independent claim 1 is found allowable would also result in claim 14 being allowable. This is not found persuasive because traversal arguments should be made towards the restriction being proper or nonproper. The Examiner agrees that rejoinder would be done pursuant to the procedures set forth in MPEP § 821.04(B), where claims directed to the process of making or using an allowable product, previously withdrawn from consideration as a result of a restriction requirement, will thereby be rejoined and fully examined for patentability under 37 CFR 1.104. As a result, the Examiner agrees with the Applicant regarding rejoinder and believes that the restriction is still proper.
The requirement is still deemed proper and is therefore made FINAL.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. EP21216927.0, filed on 12/22/2021.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The amendment filed on 06/20/2024 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 the international patent application PCT/EP2022/087150 and of the European patent application EP21216927.0 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 06/20/2024 to include the incorporation by reference is new matter, per MPEP 608.01(p).
Applicant is required to cancel the new matter in the reply to this Office Action by removing the phrase “each of which are incorporated herein by reference in its entirety” from the specification.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“handler support device” in Claim 1 and 13
The generic placeholder is “handler support device” and the functional language attributed the “handler support device” includes: “configured to be and remain angularly fixed relative to the first and second capsule holders”.
“positioning device” in Claim 12
The generic placeholder is “positioning device” and the functional language attributed the “positioning device” includes: “configured to position at least one of the first and second capsule handlers”.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
Reference is made to the Specification filed on 06/20/2024.
Regarding the handler support device, on Para. 0100, “Handler support device 30 can have a substantially cylindrical shape extending along processing axis 30′ and surrounding at least partly first and second capsule handlers 10,20.”, where the handler support device 30 is assumed to include a structure that surrounds the first and second capsule handlers
Regarding the positioning device, on Para. 0055, “The positioning device may have a mechanical position coupler, e.g. including a mechanical lock or stopper or break, such as a coupler that is uncoupled and/or deactivated during rotation of the first and second capsule handlers about the processing axis.”, where the positioning device is assumed to include a structure that connects to either the first or second capsule handler that allows for rotation to occur
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 1-8, 10-11, and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ryser et al. (WO 2015173124 A1, hereinafter Ryser).
Regarding claim 1, Ryser discloses a capsule processing machine for preparing a beverage from a capsule (Page 1, line 5, “preparing beverages from capsules containing a beverage ingredient”) having a body containing an ingredient by circulating a liquid into such capsule and centrifugally driving such capsule (Page 17, lines 18-21, “Generally, the extraction centrifugation can be run by feeding water in the capsule via the liquid injection means 27, the capsule can be rotated by driving the capsule holder 22 in rotation via the rotary motor. The centrifuged beverage”), comprising:
a first capsule handler and a second capsule handler that are movable one relative to the other from (Page 9, lines 17-18, “The first enclosing part 2 preferably comprises a brewing interface member 19, for engaging the capsule, in particular its lid and/or flange”, and Page 9, lines 24-26, “The second enclosing part 3 also preferably comprises a capsule holder 22, which is rotationally mounted, such as via (ball) bearing(s) 23, on a base member 24 of the second enclosing part.”, and Page 11, lines 3-5, “the first and/or second enclosing part(s) 2, 3 can be movable along the longitudinal direction of axis 1, for only a final or small portion of the closing path of the brewing unit.”):
a capsule transfer configuration for receiving said capsule by the first and second capsule handlers and/or releasing said capsule from the first and second capsule handlers (Page 8, lines 8-14, “In the illustrated example, the first enclosing part 2 is static relative to an outer casing 8 of the brewing unit. The outer casing can be formed in two or more parts. The second enclosing part 3 is mobile relative to the first enclosing part and outer casing 8, from an open position in which a passage 9 is formed between the two enclosing parts”, where the capsule transfer configuration is the configuration of the first and second capsule handlers when they are separated from each other in order to have the space to receive a capsule);
to a capsule processing configuration for centrifuging said capsule by rotation about a processing axis of the first and second capsule handlers (Page 8, lines 12-14, “The second enclosing part 3 is mobile relative to the first enclosing part and outer casing 8, from an open position in which a passage 9 is formed between the two enclosing parts and a closed position in which the passage 9 is eliminated and the capsule is enclosed and in engagement between the two enclosing parts for enabling the preparation of the beverage.”, where the capsule processing configuration is the closed position when the capsule is enclosed and engaged with the first and second handlers); and
a handler support device for supporting the first and second capsule handlers (Page 9, lines 17-19, “first enclosing part 2 preferably comprises a brewing interface member 19, for engaging the capsule, in particular its lid and/or flange, which is rotationally mounted, such as via (ball) bearing(s) 20”, and Page 9, lines 24-25, “The second enclosing part 3 also preferably comprises a capsule holder 22, which is rotationally mounted, such as via (ball) bearing(s) 23”, where the handler support device is construed to be the structure that connects the brewing interface member 19 or first capsule handler to the ball bearing 20 and the structure that connects the capsule holder 22 or second capsule handler to the ball bearing 23, where there is a structure from the capsule handlers that surrounds the ball bearing in order for the bearing to be attached); and
a machine frame and/or housing which is stationary when the first and second capsule handlers are rotated for centrifugation and which supports the first and second capsule handlers and the handler support device (Abstract, “-a casing (8), -a capsule enclosing assembly comprising a first enclosing part (2) connected to the casing and a second enclosing part(3)”, and Page 12, lines 10-14, “portion of the jaw positioned below the pivot axle 37 and at a second end or connection point 40 to the casing positioned above the pivot axle 37. The force retaining means are thereby arranged such that the jaws can take only two stable positions depending on the offset position of the pivot axle 37 relative to the extension line 41 connecting the connection points 39, 40 of the resilient member.”, where the casing 8 is held stationary in relation to the first and second capsule handlers when they are rotated through the stable jaw connection, where the casing surrounds the ball bearings or handler support devices),
the handler support device is configured to be and remain angularly fixed relative to the first and second capsule handlers and to rotate therewith about the processing axis when the first and second capsule handlers are rotated for centrifugation (Page 9, lines 26-27, “The capsule holder 22 is further linked to a rotary motor 25 via a rotational axle 26.”, where the ball bearings or handler support device rotate about the rotational axle 26, where ball bearings include an inner and outer ring with balls between the two rings, where one ring is rotated with the capsule handlers while the other ring remains angularly fixed, where the balls rotate in order to reduce friction and allow for smooth and efficient spinning).
Regarding claim 2, Ryser teaches the apparatus according to claim 1, as set forth above, discloses which comprises an actuator that is configured to actuate the first and/or second capsule handlers to relatively move the first and second capsule handlers between the capsule transfer and processing configurations (Page 16, lines 29-30, “When the handle 57 is moved down, the second enclosing part 3 is forced to move 30 closer to the first enclosing part 2 as illustrated in figures 10-1 2.”),
optionally the actuator being connected to the machine frame and/or housing so as to remain stationary relative thereto when the first and second capsule handlers are rotated for centrifugation (Page 15, lines 20-26, “Therefore, when the handle is manipulated from a vertical arrangement (figure 1) to a substantially horizontal arrangement (figure 18), the cam disc 6 1 which is rigidly connected to the handle via the lever 60 travels down in guidance in the transversal grooved path 59 to force the second enclosing part to move forward in direction of the first enclosing part. The full 25 movement of the enclosing part from the open to the closed position and vice versa can be obtained easily by a 90-degree rotational movement of the handle.”, where the rotation of the first and second capsule handlers occurs during the closed position, where the handle would not move from the horizontal position and where the handle is connected to the machine frame).
Regarding claim 3, Ryser teaches the apparatus according to claim 2, as set forth above, discloses wherein the actuator comprises a motor or a handle pivotally mounted on a handle axis, the motor or the handle cooperating with a translational transmission member, such as an actuator slide (Page 15, lines 10-15, “second enclosing part 3 comprises a lever-type actuating assembly enabling to move the second enclosing part 3 along the longitudinal direction of axis I in guidance with the guiding rails or slots 13, 14 of the casing. In particular, as shown in figure 1, a lever-type actuating assembly comprises a cam means for transforming the rotating movement of a manual handle 57 in a translational movement of the enclosing part along the casing.”, where the handle is connected to a translational transmission member in the guiding rails or slots 13 and 14) and/or
a member controlled by the motor or the handle via a cam and cam follower connection, directly or indirectly connected to the first and second capsule handlers for relatively moving the capsule handlers between the capsule transfer configuration and the capsule processing configuration (Page 15, lines 13-15, “a lever-type actuating assembly comprises a cam means for transforming the rotating movement of a manual handle 57 in a translational movement of the enclosing part along the casing.”, where the handle is also connected to a cam connection).
Regarding claim 4, Ryser teaches the apparatus according to claim 1, as set forth above, discloses which comprises a driving device connected to the first and second capsule handlers to relatively move the capsule handlers between the capsule transfer configuration and the capsule processing configuration (Claim 1, “the jaws (33, 34) are driven from the capsule release position to the capsule holding position by first actuation means (47, 48, 49, 50) and from the capsule holding position to the capsule release position by second actuation means (52, 53, 54); wherein the first and second actuation means (47,48, 49; 52, 53, 54) are arranged at longitudinal distance one another along the direction of longitudinal axis (I) for the relative movement of the two enclosing parts (2, 3) in such a manner that the first actuation means (47, 48, 49, 50) acts on the jaws when the second enclosing part (3) moves relatively away from the first enclosing part (2)”, where the first and second actuation means that act on the jaws are construed to be the driving device, where actuation means allow the first and second capsule handlers to be opened or closed),
optionally the driving device securing the capsule handlers in the processing configuration by at least one of a lock, a friction stop and an over-centred lever or cam mechanism (Claim 4, “wherein the first actuation means (47, 48, 49, 50) is arranged to block the jaws (33, 34) in the capsule holding position when the first and second enclosing parts (2, 3) are in the capsule insertion position”); and
connecting the first capsule handler and the second capsule handler via the handler support device (Page 9, lines 17-19, “first enclosing part 2 preferably comprises a brewing interface member 19, for engaging the capsule, in particular its lid and/or flange, which is rotationally mounted, such as via (ball) bearing(s) 20”, and Page 9, lines 24-25, “The second enclosing part 3 also preferably comprises a capsule holder 22, which is rotationally mounted, such as via (ball) bearing(s) 23”, where when the first and second capsule handlers are in the closed position, the ball bearings are connected to both first and second capsule handlers, where the motor 25 is connected to the second enclosing part 3 or second capsule handler and transfers rotational energy from the second capsule handler to the first capsule handler via the ball bearings).
Regarding claim 5, Ryser teaches the apparatus according to claim 2, as set forth above, discloses wherein a driving device comprises driving slide(s), and one or more transmission members connecting the driving slide(s) to first and second capsule handlers to relatively move the capsule handlers between the capsule transfer configuration and the capsule processing configuration, the driving slide(s) being actuated by said actuator, for instance by being connected to said translational transmission member cooperating via a groove and pin with said driving slide(s) (Page 15, lines 16-24, “handle is pivotally mounted on the casing via transversal axles 58. On each side of the enclosing part 3, the axle 58 is capable of longitudinally sliding along a longitudinal grooved path 59 during the movement of the enclosing part. Such axle 58 is also connected to a lever 60 comprising, at its free end, a cam disc 61 which engages in an upwardly oriented grooved path 62. Therefore, when the handle is manipulated from a vertical arrangement (figure 1) to a substantially horizontal arrangement (figure 18), the cam disc 6 1 which is rigidly connected to the handle via the lever 60 travels down in guidance in the transversal grooved path 59 to force the second enclosing part to move forward in direction of the first enclosing part.”, where the actuator is construed to be the handle, where the handle is connected to a cam disc 61 which is connected to a lever 60; where the cam disc 61 is construed to be the driving slide and where the lever 60 is construed to be the transmission member, where the handle actuates the driving slide or cam disc; where regarding the specific connection between the translational transmission member and driving slide, the limitation of “for instance” means that the claim does not require this limitation; where even if the configuration were to be required, it is the Examiner's position that one of ordinary skill in the art would have found it obvious to try as there are limited amount of connection structures, where the end result of allowing for movement between the first and second capsule handlers would still be achieved).
Regarding claim 6, Ryser teaches the apparatus according to claim 1, as set forth above, discloses wherein the first and second capsule handlers in their processing configuration delimit a capsule processing chamber configured to enclose said capsule forming a cavity shaped to receive said capsule and the other capsule handler of the first and second capsule handlers forming a lid configured to close the cavity in the processing configuration, the lid being distant from the cavity in the transfer configuration (Abstract, “a first enclosing part (2) connected to the casing and a second enclosing part(3), moveable relative to the first enclosing part in a longitudinal direction, preferably in a translatory movement, between a capsule insertion position in which the two enclosing parts are at distance from each other and a capsule enclosing position in which the capsule is enclosed between the first and second enclosing parts(2,3)”, and Page 6, lines 23-25, “Figure 7 is a cross sectional view of the beverage brewing unit of figure 1 along the cut plane of direction A-A in capsule insertion position with a capsule being inserted in and held in intermediate insertion position by the capsule insertion assembly”, where Fig. 7 shows that the insertion position or capsule transfer configuration has the first capsule handler that forms the lid being distant from the cavity).
Regarding claim 7, Ryser teaches the apparatus according to claim 1, as set forth above, discloses wherein: at least one handler of the first and second capsule handlers comprises or is associated with an inlet for guiding a liquid carrier to said capsule when said capsule is being centrifuged by rotation (Page 10, lines 1-3, “the first enclosing part 1 comprises liquid injection means 27 to supply liquid, generally hot water, within the capsule, during extraction in the closed position of the enclosing parts (figure 12).”).
Regarding claim 8, Ryser teaches the apparatus according to claim 1, as set forth above, discloses which has a capsule insertion passage associated with one or more capsule insertion guides configured to guide said capsule towards a capsule holding position in a or said space between the first and second capsule handlers in their transfer configuration, configured to hold said capsule in the space prior to being held by at least one of the first and second capsule handlers relatively moving towards and/or into the capsule processing configuration (Page 11, lines 26-32, “Each jaw 33 preferably comprises, above the support surface 35, a guiding sliding surface 36, which may be shaped as an inwardly oriented U, for receiving the flange 7 of the capsule. Therefore, when the capsule is inserted in the unit, the flange of the capsule is properly guided along this surface and is finally stopped by the support surface 35 which extends substantially transversally relative to the sliding surface 36 in the position of figure 5 representing the capsule holding position.”, and where Fig. 7 shows that holding position, where afterwards the capsule can be moved towards the processing configuration, Page 8, lines 11-14, “from an open position in which a passage 9 is formed between the two enclosing parts and a closed position in which the passage 9 is eliminated and the capsule is enclosed and in engagement between the two enclosing parts for enabling the preparation of the beverage.”).
Regarding claim 10, Ryser teaches the apparatus according to claim 1, as set forth above, discloses wherein the handler support device is pivotally supported by the machine frame or housing via a first bearing and via a second bearing, the first and second bearings being located spaced apart along the processing axis (Page 9, lines 17-19, “first enclosing part 2 preferably comprises a brewing interface member 19, for engaging the capsule, in particular its lid and/or flange, which is rotationally mounted, such as via (ball) bearing(s) 20”, and Page 9, lines 24-25, “The second enclosing part 3 also preferably comprises a capsule holder 22, which is rotationally mounted, such as via (ball) bearing(s) 23”, where the handler support device is construed to be the structure that connects the brewing interface member 19 or first capsule handler to the ball bearing 20 and the structure that connects the capsule holder 22 or second capsule handler to the ball bearing 23, where there is a structure from the capsule handlers that surrounds the ball bearing in order for the bearing to be attached; where there are first ball bearings 20 and second ball bearings 23 that are connected to the handler support device and are located spaced apart along the processing axis I).
Regarding claim 11, Ryser teaches the apparatus according to claim 1, as set forth above, discloses wherein the handler support device has a substantially cylindrical shape extending along the processing axis and surrounding at least partly the first and second capsule handlers (Page 9, lines 17-19, “first enclosing part 2 preferably comprises a brewing interface member 19, for engaging the capsule, in particular its lid and/or flange, which is rotationally mounted, such as via (ball) bearing(s) 20”, and Page 9, lines 24-25, “The second enclosing part 3 also preferably comprises a capsule holder 22, which is rotationally mounted, such as via (ball) bearing(s) 23”, where the handler support device is construed to be the structure that connects the brewing interface member 19 or first capsule handler to the ball bearing 20 and the structure that connects the capsule holder 22 or second capsule handler to the ball bearing 23, where there is a structure from the capsule handlers that surrounds the ball bearing in order for the bearing to be attached; where the handler support device is cylindrical in that it surrounds a cylindrical ball bearing, and where it surrounds the first and second capsule handlers by being located near the front surface of the first capsule handler and the near the bottom surface of the second capsule handler).
Regarding claim 13, Ryser discloses a system (Abstract, “The invention relates to a beverage brewing unit (1) particularly for machines for preparing beverages from capsules”) comprising a capsule processing machine for preparing a beverage from a capsule (Page 1, line 5, “preparing beverages from capsules containing a beverage ingredient”) having a body containing an ingredient by circulating a liquid into such capsule and centrifugally driving such capsule (Page 17, lines 18-21, “Generally, the extraction centrifugation can be run by feeding water in the capsule via the liquid injection means 27, the capsule can be rotated by driving the capsule holder 22 in rotation via the rotary motor. The centrifuged beverage”), comprising:
a first capsule handler and a second capsule handler that are movable one relative to the other from (Page 9, lines 17-18, “The first enclosing part 2 preferably comprises a brewing interface member 19, for engaging the capsule, in particular its lid and/or flange”, and Page 9, lines 24-26, “The second enclosing part 3 also preferably comprises a capsule holder 22, which is rotationally mounted, such as via (ball) bearing(s) 23, on a base member 24 of the second enclosing part.”, and Page 11, lines 3-5, “the first and/or second enclosing part(s) 2, 3 can be movable along the longitudinal direction of axis 1, for only a final or small portion of the closing path of the brewing unit.”):
a capsule transfer configuration for receiving said capsule by the first and second capsule handlers and/or releasing said capsule from the first and second capsule handlers (Page 8, lines 8-14, “In the illustrated example, the first enclosing part 2 is static relative to an outer casing 8 of the brewing unit. The outer casing can be formed in two or more parts. The second enclosing part 3 is mobile relative to the first enclosing part and outer casing 8, from an open position in which a passage 9 is formed between the two enclosing parts”, where the capsule transfer configuration is the configuration of the first and second capsule handlers when they are separated from each other in order to have the space to receive a capsule);
to a capsule processing configuration for centrifuging said capsule by rotation about a processing axis of the first and second capsule handlers (Page 8, lines 12-14, “The second enclosing part 3 is mobile relative to the first enclosing part and outer casing 8, from an open position in which a passage 9 is formed between the two enclosing parts and a closed position in which the passage 9 is eliminated and the capsule is enclosed and in engagement between the two enclosing parts for enabling the preparation of the beverage.”, where the capsule processing configuration is the closed position when the capsule is enclosed and engaged with the first and second handlers); and
a handler support device for supporting the first and second capsule handlers (Page 9, lines 17-19, “first enclosing part 2 preferably comprises a brewing interface member 19, for engaging the capsule, in particular its lid and/or flange, which is rotationally mounted, such as via (ball) bearing(s) 20”, and Page 9, lines 24-25, “The second enclosing part 3 also preferably comprises a capsule holder 22, which is rotationally mounted, such as via (ball) bearing(s) 23”, where the handler support device is construed to be the structure that connects the brewing interface member 19 or first capsule handler to the ball bearing 20 and the structure that connects the capsule holder 22 or second capsule handler to the ball bearing 23, where there is a structure from the capsule handlers that surrounds the ball bearing in order for the bearing to be attached); and
a machine frame and/or housing which is stationary when the first and second capsule handlers are rotated for centrifugation and which supports the first and second capsule handlers and the handler support device (Abstract, “-a casing (8), -a capsule enclosing assembly comprising a first enclosing part (2) connected to the casing and a second enclosing part(3)”, and Page 12, lines 10-14, “portion of the jaw positioned below the pivot axle 37 and at a second end or connection point 40 to the casing positioned above the pivot axle 37. The force retaining means are thereby arranged such that the jaws can take only two stable positions depending on the offset position of the pivot axle 37 relative to the extension line 41 connecting the connection points 39, 40 of the resilient member.”, where the casing 8 is held stationary in relation to the first and second capsule handlers when they are rotated through the stable jaw connection, where the casing surrounds the ball bearings or handler support devices),
the handler support device is configured to be and remain angularly fixed relative to the first and second capsule handlers and to rotate therewith about the processing axis when the first and second capsule handlers are rotated for centrifugation (Page 9, lines 26-27, “The capsule holder 22 is further linked to a rotary motor 25 via a rotational axle 26.”, where the ball bearings or handler support device rotate about the rotational axle 26, where ball bearings include an inner and outer ring with balls between the two rings, where one ring is rotated with the capsule handlers while the other ring remains angularly fixed, where the balls rotate in order to reduce friction and allow for smooth and efficient spinning) and a capsule having a body containing an ingredient (Page 1, line 5, “capsules containing a beverage ingredient”), the capsule being held by the machine’s first and second capsule handlers in their capsule processing configuration supported by the handler support device, such that the capsule, the first and second capsule handlers and the handler support device are angularly fixed relative to each other and are rotated for centrifugation (Page 3, lines 22-23, “a capsule enclosing position in which the capsule is enclosed between the first and second enclosing parts”, where the capsule is held by the first and second capsule handlers, and where all three structures are angularly fixed in alignment to each other along the processing axis, where centrifugation occurs through the rotary motor, Page 9, lines 26-27, “The capsule holder 22 is further linked to a rotary motor 25 via a rotational axle 26.”).
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.
Claims 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ryser et al. (WO 2015173124 A1, hereinafter Ryser) in view of Bugnano et al. (US 9596955 B2, hereinafter Bugnano).
Regarding claim 9, Ryser teaches the apparatus according to claim 8, as set forth above.
Ryser does not disclose:
wherein the capsule insertion guide(s) comprise(s): at least a rotatable portion that is stationary relative to the handler support device and rotates therewith when the first and second capsule handlers are rotated for centrifugation.
However, Bugnano discloses, in the similar field of capsule holders (Abstract, “A machine for preparing liquid products via cartridges comprises a delivery assembly that includes at least: one injector device, to introduce into a cartridge water and/or steam under pressure; an infusion chamber, facing the injector device and designed to receive the cartridge”), where the capsule insertion guide or jaw is stationary relative to the handler support device (Section 11, lines 20-24, “the jaws 47 with the corresponding cam followers 47c, etc.) are such that, at the moment of opening of the jaws 47, the cartridge 10 is partially introduced into the chamber 31”, where the jaws 47 are connected to the handler support device or injector 34). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the rotating handler support device for centrifugation with the jaws that are the capsule insertion portions in Ryser to include the jaws being attached directly to the rotating handler support device as taught by Bugnano, where this would result in the jaws rotating with the handler support device.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of being able to still achieve the same end result of supporting the capsule through jaws, where making integral the handler support device to the jaws allows for a more compact and contained system, as stated by Bugnano, Section 13, lines 24-29, “in the course of its advance towards the infusion chamber 31, is provided by the lower support element 42, the jaws 47 performing in this steps basically functions of guide and lateral constraint of the cartridge itself. In this way, the jaws 47 can have very contained dimensions, as likewise the corresponding actuation system.”.
Claims 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ryser et al. (WO 2015173124 A1, hereinafter Ryser) in view of Kaeser et al. (WO 2014082940 A1, hereinafter Kaeser).
Regarding claim 12, Ryser teaches the apparatus according to claim 1, as set forth above.
Ryser does not disclose:
which has a positioning device configured to position at least one of the first and second capsule handlers and the handler support device at a predetermined angular position about the processing axis when the first and second capsule handlers are in the capsule transfer configuration.
However, Kaeser discloses, in the similar field of capsule holders (Abstract, “a capsule receiver (5) for being engaged by the brewing interface head (4) between a capsule handling position”), where a positioning device is configured to position at least one of the first and second capsule handlers and handler support device at a predetermined angle position about the processing axis during a capsule transfer configuration (Para. 0014, “The upper sub-assembly is hinged on the lower sub-assembly to be pivotally movable between said two positions and the brewing interface head comprises a frame and a brewing interface member; said interface member being arranged to be movable relative to the frame between a disengaging-to-capsule position and an engaging-to-capsule position.”). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the first and second capsule handlers in Ryser to include a pivot or positioning device as taught by Kaeser.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of being able to achieve the same end result of opening and closing capsule handlers around a capsule, where the pivot can allow for closure to occur without needing an actuation member, as stated by Kaeser, Para. 0060, “The latch means 9 are arranged for latching the brewing head onto the capsule receiver in the closure head position by a manual force applied onto the upper sub-assembly 12 against the lower sub-assembly 3 without requiring an actuation member. Indeed, owing to the upper sub-assembly mounted in pivot about pivot axle(s) 6, the brewing interface head can be approached towards the capsule receiver simply by pushing the head down until the latch means 9 operates in closure of the head against the capsule receiver.”.
Conclusion
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/KEVIN GUANHUA WEN/Examiner, Art Unit 3761
07/10/2026
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