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/Restriction Response
Applicant’s election of Group I (claims 1-13) in the reply filed on 07/02/2026 is acknowledged.
Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim 14 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
The status of the 10/11/2024 claims, is as follows: Claims 1-14 have been amended; claim 15 has been canceled; and Claims 1-14 are pending.
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 Application No. EP 22168290.9 filed on 04/14/2022.
Information Disclosure Statement
The (2) information disclosure statements (IDS) submitted on 11/03/2025, and 10/11/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement are being considered by the examiner.
Claim Objections
Claims 1-13 are objected to because of the following informalities:
In claim 1:
The phrase “the first and second capsule handlers” in line 19 (similarly applying to claim 13, lines 12-13, line 18) should be read “the first ingredient handler and the second ingredient handler” as it is presumed to have antecedent basis in line 10 of claim 1.
The phrase “and/or” in lines 13, 21, 25, and 32 should be read “or” to clearly set forth the metes and bounds of the patent protection desired.
In claim 2: the phrase “the holding position” should be read “the immobilization position” as it is presumed to have antecedent basis in line 41 of claim 1.
In claim 3: The phrase “and/or” in line 4 should be read “or” to clearly set forth the metes and bounds of the patent protection desired.
In claim 4: The phrase “and/or” in line 2 should be read “or” to clearly set forth the metes and bounds of the patent protection desired.
In claim 5: The phrase “and/or” in lines 5, 6 should be read “or” to clearly set forth the metes and bounds of the patent protection desired.
In claim 6: The phrase “and/or” in line 3 should be read “or” to clearly set forth the metes and bounds of the patent protection desired.
In claim 8: The phrase “and/or” in line 3 should be read “or” to clearly set forth the metes and bounds of the patent protection desired.
In claim 10: the phrase “the outlet” in line 3 should be read “the beverage outlet” as it is presumed to have antecedent basis in line 8 of claim 1.
In claim 12: The phrase “and/or” in line 3 should be read “or” to clearly set forth the metes and bounds of the patent protection desired.
In claim 13: The phrase “and/or” in lines 12, 19, 21, and 27 should be read “or” to clearly set forth the metes and bounds of the patent protection desired.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-13 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 pre-AIA the applicant regards as the invention.
In claim 1 (similarly applying to claim 13 line 26):
The limitation “such as" in line 18 renders the claim indefinite because the intended scope of the claim is unclear, See MPEP § 2173.05(d).
The phrase “such as” is open-ended.
The limitation “the guide forming for instance a recess and/or a rail" in line 32 renders the claim indefinite because the intended scope of the claim is unclear, See MPEP § 2173.05(d).
The phrase “for instance” is open-ended.
In claim 8:
The limitation “the fastener lock" in line 2 renders the claim indefinite because it lacks an antecedent basis.
For the purpose of substantive examination, it is presumed that it has antecedent basis in claim 5 that recites the “at least one fastener”.
In claim 11:
The limitation “the valve being for instance fluidically located" in line 6 renders the claim indefinite because the intended scope of the claim is unclear, See MPEP § 2173.05(d).
The phrase “for instance” is open-ended.
In claim 13:
The limitation “such as" in line 17 renders the claim indefinite because the intended scope of the claim is unclear, See MPEP § 2173.05(d).
The phrase “such as” is open-ended.
The limitation “the guide forming for instance a recess and/or a rail" in lines 26-27 renders the claim indefinite because the intended scope of the claim is unclear, See MPEP § 2173.05(d).
The phrase “for instance” is open-ended.
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 1-4, 10, and 12-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ryser (US 20170027371)
Regarding Claim 1, Ryser discloses a machine (beverage brewing unit 1) for preparing a beverage from a flavouring ingredient supplied within a capsule in a processing cavity by mixing said ingredient with water in said capsule and centrifugally driving such ingredient and said water about a processing axis to form said beverage (it is noted that “for preparing a beverage from a flavouring ingredient supplied within a capsule in a processing cavity by mixing said ingredient with water in said capsule and centrifugally driving such ingredient and said water about a processing axis to form said beverage” is a statement of intended use of the machine), such machine comprising:
a rotatable ingredient handling system (capsule enclosing assembly; fig. 2) for holding said capsule (capsule 4) and rotating said flavouring ingredient and water during centrifugation about the processing axis (axis OI; fig. 2) (“the unit is a centrifugal brewing unit for preparing the beverage by application of centrifugal forces to the liquid fed in the capsule”, para. 0066 and “the capsule holder 22 of the second enclosing part and the capsule inserted in the cavity are driven in rotation (centrifugation) about a median longitudinal axis OI. The brewing interface 19 is thus also driven in rotation about the same axis OI”, para. 0069), the ingredient handling system (capsule enclosing assembly; fig. 2) having at least one beverage outlet (beverage extraction means in member 19 i.e. perforation members 30; fig. 2) (“the beverage extraction means comprises a series of perforation members 30 for creating openings through the lid of the capsule”, para. 0073) and at least one water inlet (liquid injection means 27; fig. 2) for supplying said water to said ingredient (“liquid injection means 27 to supply liquid, generally hot water, within the capsule, during extraction in the closed position”, para. 0070), the system (capsule enclosing assembly; fig. 2) having a first ingredient handler (first enclosing part 2) and a second ingredient handler (second enclosing part 3) that are movable one relative to the other from (“it is also possible to have both first and second enclosing parts 2, 3 mobile relative to the casing 8 in the longitudinal direction I from the open position to the closed position and reciprocally”, para. 0074; fig. 2):
an ingredient transfer configuration (capsule insertion position; figs. 7-9) for receiving said ingredient within said capsule (capsule) by the first and second capsule handlers (parts 2 and 3) (“in the capsule insertion position of FIGS. 7-9, the enclosing parts are spread apart from each other to leave a passage 9 sufficiently longitudinally long to enable a capsule, after insertion in the insertion hole 10 of the casing, to be guided along the sliding surface 36 of the jaws and be retained on the support surfaces 35 of the same jaws”, para. 0092); to
an ingredient processing configuration (closed position; figs. 13-16) for centrifuging said ingredient and water within said capsule by rotation about the processing axis (axis OI) (“as the second enclosing part 3 is further moved towards the first enclosing part 2, the flange of the capsule becomes pressed by the pressing edge 16 of the second enclosing part and then by the one 17 of the first enclosing part. In the closed position of the brewing unit, the body of the capsule is housed in the cavity 15; its flange being squeezed between the two pressing edges”, para. 0095 and also para. 0093-0095 and “the capsule holder 22 of the second enclosing part and the capsule inserted in the cavity are driven in rotation (centrifugation) about a median longitudinal axis OI. The brewing interface 19 is thus also driven in rotation about the same axis OI”, para. 0069);
and vice versa (“after the beverage preparation, the unit is re-opened as illustrated in figs. 19-21 by driving the second enclosing part 3 via the handle and moving it away from the first enclosing part along the longitudinal direction”, para. 0096 and “when the handle 57 is moved down, the second enclosing part 3 is forced to move closer to the first enclosing part 2”, para. 0093);
a handler actuator (handle 57), such as a user-handle (handle 57), configured to relatively move the first and second capsule handlers (parts 2 and 3) between the transfer (fig. 7) and the processing configurations (fig. 16) (“when the handle 57 is moved down, the second enclosing part 3 is forced to move closer to the first enclosing part 2”, para. 0093 and “after the beverage preparation, the unit is re-opened as illustrated in FIGS. 19-21 by driving the second enclosing part 3 via the handle and moving it away from the first enclosing part along the longitudinal direction I, para. 0096); and
a machine frame (outer casing 8; fig. 1) which is stationary when the ingredient handling system (capsule enclosing assembly) is rotated for centrifugation (“the capsule holder 22 of the second enclosing part and the capsule inserted in the cavity are driven in rotation (centrifugation) about a median longitudinal axis O1. The brewing interface 19 is thus also driven in rotation about the same axis O1”, para. 0069 and also para. 0074) and which supports the ingredient handling system (fig. 1),
the machine frame (outer casing 8) delimiting an ingredient supply passage (insertion hole 10 and passage 9) configured to allow supply by gravity of said ingredient within said capsule towards the rotatable ingredient handling system (para. 0061) and a waste evacuation passage (ejection opening) configured to allow an evacuation by gravity of waste (para. 0061),
the supply passage (insertion hole 10 and passage 9) being provided with a guide (guiding surface 36; figs. 5-6 and annotated fig. 2) for guiding said capsule (capsule) (para. 0077), the guide being configured to cooperate with a complementary capsule shape (“sliding surface 36, which may be shaped as an inwardly oriented U, for receiving the flange 7 of the capsule”, para. 0077), the guide forming for instance a rail (guiding surface 36; fig. 2), the guide being associated with a capsule stop (support surface 35; figs. 5-6) configured to immobilize said capsule at a level between the first and second ingredient handlers (enclosing parts 2, 3) (para. 0077; figs. 1-2), the guide (guiding surface 36) being mounted movably towards and away from the processing axis (axis OI) (“the jaws are able to take two positions, a capsule holding position (FIG. 5) and a capsule release position (FIG. 6) by rotating along the pivot axle 37”, and “he pivot axles are parallel to the direction of relative movement of axis I of the enclosing parts.”, para. 0077; figs. 5-6) (it is noted the jaws 33 are rotated along the axle 37 which is parallel to the axis I or axis OI, that results in the jaws 33 moved towards and away from the axis OI),
the guide (guiding surface 36) is integral with an elastic arm (jaw 33; annotated fig. 2 and figs. 5-6) movable between an immobilization position (fig. 5) for immobilizing said capsule at the level between the first and second ingredient handlers by the stop (support surface 35) and a release position (fig. 6) for releasing said capsule from said stop (para. 0077).
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Regarding Claim 2, Ryser discloses the machine (beverage brewing unit 1), wherein the stop (support surface 35) is configured to be urged into the release position (fig. 6) by at least one of the first and second ingredient handlers movably mounted relative to the stop (“the capsule insertion assembly further comprises second actuation means 52 for moving the jaw from the capsule holding position (FIG. 5) to the capsule release position (FIG. 6). The second actuation means 52 are part of the second enclosing member 3”, para. 0084, and also 0085; figs. 5-6, 10, and 13).
Regarding Claim 3, Ryser discloses the machine (beverage brewing unit 1), where the stop (support surface 35) is located at or towards one end of the elastic arm (jaw 33) (annotated fig. 2), the elastic arm having an opposite end at or towards which opposite end the arm (jaw 33) is secured to the machine frame (casing) (para. 0076).
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Regarding Claim 4, Ryser discloses the machine (beverage brewing unit 1), wherein the elastic arm (jaw 33; annotated fig. 2 of claim 1) is substantially blade-shaped (according to Webster, https://www.merriam-webster.com/simple/blade, “blade” is interpreted to mean flat part of an oar or paddle. The jaw 33 shown in figs. 5 and 2 comprises flat part that resembles a blade).
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Regarding Claim 10, Ryser discloses the machine (beverage brewing unit 1), which comprises a beverage passage (fluid conduit that guides beverage from the beverage extraction means in member 19 i.e. perforation means 30; fig. 2 to the beverage outlet 5) (para. 0071), the passage being configured to guide said beverage from the outlet (beverage extraction means in member 19 i.e. perforation means 30; fig. 2) towards a beverage dispensing outlet (beverage outlet 5; fig. 1) (para. 0058 and 0073).
Regarding Claim 12, Ryser discloses the machine (beverage brewing unit 1),
wherein:
the frame (casing 8) comprises a bottom (annotated fig. 1) configured to rest on a support surface (surface of table) external to such machine (it is noted the brewing unit 1 can be placed on the surface of a table) when the ingredient handling system (capsule enclosing assembly) is rotated about the processing axis for centrifugation (axis OI; fig. 16), the processing axis being at an angle relative to such bottom in the range of 0° to 60° (0 °) (para. 0067-0069. It is noted the processing axis OI is parallel to the bottom).
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Regarding Claim 13, Ryser discloses a system (beverage brewing unit 1) comprising a machine (beverage brewing unit 1) for preparing a beverage from a flavouring ingredient supplied within a capsule in a processing cavity by mixing said ingredient with water in said capsule and centrifugally driving such ingredient and said water about a processing axis to form said beverage (it is noted that “for preparing a beverage from a flavouring ingredient supplied within a capsule in a processing cavity by mixing said ingredient with water in said capsule and centrifugally driving such ingredient and said water about a processing axis to form said beverage” is a statement of intended use), such machine (beverage brewing unit 1) comprising:
a rotatable ingredient handling system (capsule enclosing assembly; fig. 2) for holding said capsule (capsule) and rotating said flavouring ingredient and water during centrifugation about the processing axis (axis OI; fig. 2) (“the unit is a centrifugal brewing unit for preparing the beverage by application of centrifugal forces to the liquid fed in the capsule”, para. 0066 and “the capsule holder 22 of the second enclosing part and the capsule inserted in the cavity are driven in rotation (centrifugation) about a median longitudinal axis OI. The brewing interface 19 is thus also driven in rotation about the same axis OI”, para. 0069), the ingredient handling system (capsule enclosing assembly; fig. 2) having at least one beverage outlet (beverage extraction means i.e. perforation members 30; fig. 2) (“the beverage extraction means comprises a series of perforation members 30 for creating openings through the lid of the capsule”, para. 0073) and at least one water inlet (liquid injection means 27; fig. 2) for supplying said water to said ingredient (“liquid injection means 27 to supply liquid, generally hot water, within the capsule, during extraction in the closed position”, para. 0070), the system (capsule enclosing assembly; fig. 2) having a first ingredient handler (first enclosing part 2) and a second ingredient handler (second enclosing part 3) that are movable one relative to the other (“it is also possible to have both first and second enclosing parts 2, 3 mobile relative to the casing 8 in the longitudinal direction I from the open position to the closed position and reciprocally”, para. 0074; fig. 2) from:
an ingredient transfer configuration (capsule insertion position; figs. 7-9) for receiving said ingredient within said capsule (capsule) by the first and second capsule handlers (parts 2 and 3) (“in the capsule insertion position of FIGS. 7-9, the enclosing parts are spread apart from each other to leave a passage 9 sufficiently longitudinally long to enable a capsule, after insertion in the insertion hole 10 of the casing, to be guided along the sliding surface 36 of the jaws and be retained on the support surfaces 35 of the same jaws”, para. 0092); to
an ingredient processing configuration (closed position; figs. 13-16) for centrifuging said ingredient and water within said capsule by rotation about the processing axis (axis OI) (“as the second enclosing part 3 is further moved towards the first enclosing part 2, the flange of the capsule becomes pressed by the pressing edge 16 of the second enclosing part and then by the one 17 of the first enclosing part. In the closed position of the brewing unit, the body of the capsule is housed in the cavity 15; its flange being squeezed between the two pressing edges”, para. 0095 and also para. 0093-0095 and “the capsule holder 22 of the second enclosing part and the capsule inserted in the cavity are driven in rotation (centrifugation) about a median longitudinal axis OI. The brewing interface 19 is thus also driven in rotation about the same axis OI”, para. 0069);
and vice versa (“after the beverage preparation, the unit is re-opened as illustrated in figs. 19-21 by driving the second enclosing part 3 via the handle and moving it away from the first enclosing part along the longitudinal direction”, para. 0096 and “when the handle 57 is moved down, the second enclosing part 3 is forced to move closer to the first enclosing part 2”, para. 0093);
a handler actuator (handle 57), such as a user-handle (handle 57), configured to relatively move the first and second capsule handlers (parts 2 and 3) between the transfer (fig. 7) and the processing configurations (fig. 16) (“when the handle 57 is moved down, the second enclosing part 3 is forced to move closer to the first enclosing part 2”, para. 0093 and “after the beverage preparation, the unit is re-opened as illustrated in FIGS. 19-21 by driving the second enclosing part 3 via the handle and moving it away from the first enclosing part along the longitudinal direction I, para. 0096); and
a machine frame (outer casing 8) which is stationary when the ingredient handling system (capsule enclosing assembly) is rotated for centrifugation (“the capsule holder 22 of the second enclosing part and the capsule inserted in the cavity are driven in rotation (centrifugation) about a median longitudinal axis O1. The brewing interface 19 is thus also driven in rotation about the same axis O1”, para. 0069 and also para. 0074) and which supports the ingredient handling system (fig. 1),
the machine frame (outer casing 8) delimiting an ingredient supply passage (insertion hole 10 and passage 9) configured to allow supply by gravity of said ingredient within said capsule towards the rotatable ingredient handling system (para. 0061) and a waste evacuation passage (ejection opening) configured to allow an evacuation by gravity of waste (para. 0061),
the supply passage (insertion hole 10 and passage 9) being provided with a guide (guiding surface 36; figs. 5-6 and annotated fig. 2) for guiding said capsule (capsule) (para. 0077), the guide being configured to cooperate with a complementary capsule shape (“sliding surface 36, which may be shaped as an inwardly oriented U, for receiving the flange 7 of the capsule”, para. 0077), the guide forming for instance a rail (guiding surface 36; annotated fig. 2), the guide being associated with a capsule stop (support surface 35; figs. 5-6) configured to immobilize said capsule at a level between the first and second ingredient handlers (enclosing parts 2, 3) (para. 0077; figs. 1-2), the guide (guiding surface 36) being mounted movably towards and away from the processing axis (axis OI) (“the jaws are able to take two positions, a capsule holding position (FIG. 5) and a capsule release position (FIG. 6) by rotating along the pivot axle 37”, and “the pivot axles are parallel to the direction of relative movement of axis I of the enclosing parts.”, para. 0077; figs. 5-6) (it is noted the jaws 33 are rotated along the axle 37 which is parallel to the axis I or axis OI, that results in the jaws 33 moved towards and away from the axis OI),
the guide (guiding surface 36; annotated fig. 2) is integral with an elastic arm (jaw 33; annotated fig. 2 and figs. 5-6) movable between an immobilization position (fig. 5) for immobilizing said capsule at the level between the first and second ingredient handlers by the stop (support surface 35) and a release position (fig. 6) for releasing said capsule from said stop (para. 0077) and said capsule containing said flavouring ingredient.
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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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 5-9 are rejected under 35 U.S.C. 103 as being unpatentable over Ryser (US 20170027371) in view of Jarisch (US 20130206014)
Regarding Claim 5, Ryser does not disclose the machine comprises at least one fastener movable selectively into a fastening position to fasten together the first and second capsule handlers in the processing configuration and into an unfastening position in which the first and second capsule handlers are movable from the processing configuration to the transfer configuration and/or vice versa, the fastener being actuated by the handler actuator into the fastening position and/or into the unfastening position, the fastener being for example biased into the fastening position or into the unfastening position.
However, Jarisch discloses the machine comprises at least one fastener (engaging head 81; figs. 6-9) movable selectively into a fastening position to fasten together the first and second capsule handlers (liquid interfacing part 8 and lower holding part 16) (para. 0053 and 0061) in the processing configuration (fig. 9) and into an unfastening position (fig. 6) in which the first and second capsule handlers are movable from the processing configuration to the transfer configuration and/or vice versa, the fastener (engaging head 81) being actuated by the handler actuator (actuation mechanism 45; fig. 1) (para. 0059) into the fastening position and/or into the unfastening position, the fastener being for example biased into the fastening position or into the unfastening position (para. 0061).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the machine of Ryser to include the fastener that is actuated by the handler actuator as taught by Jarisch to lock and unlock the first and second ingredient handlers in order to secure the two handlers in place while the beverage is being made.
Regarding Claim 6, Jarisch discloses the machine comprises a fastener lock (groove 82) configured to lock the fastener (engaging head 81) in the fastening position and to unlock the fastener such that the fastener moves and/or is movable into the unfastening position (para. 0061).
Regarding Claim 7, Jarisch discloses the machine, wherein the handler actuator (actuation mechanism 45) is configured to drive the fastener lock (groove 82) from:
a fastener unlocking position (fig. 6) into a fastener locking position (fig. 9) once the first and second capsule handlers (liquid interfacing part 8 and holding part 16) have been relatively moved by the handler actuator (actuation mechanism 45) into the processing configuration (para. 0059 and 0061); and
a fastener locking position (fig. 9) into a fastener unlocking position (fig. 6) before the first and second capsule handlers are relatively moved by the handler actuator (actuation mechanism 45) out of the processing configuration towards the transfer configuration (para. 0059 and 0061).
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Regarding Claim 8, Jarisch discloses the machine, wherein the handler actuator (actuation mechanism 45) is configured to drive the fastener lock (engaging head 81, based on 112b rejection above) via a transmission (annotated fig. 9) that is angularly stationary relative to the housing about the processing axis when the ingredient handling system is rotated for centrifugation (para. 0059 and 0061) (it is noted that the transmission is stationary relative to the housing of the machine, thereby securing parts 8 and 16 in place while the parts 8 and 16 are rotated for centrifugation as evident in figs. 8-9).
Regarding Claim 9, Jarisch discloses the machine, which comprises a plurality of fasteners (engaging heads 81’s) distributed around the processing axis (“a holding part 16 is connected to a liquid interfacing part 8 by means of hook members 80”, para. 0061).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Ryser (US 20170027371) in view of Yoakim (US 20100203208)
Regarding Claim 11, Ryser discloses the machine, which comprises a beverage conditioner (collector 18) delimiting a conditioning cavity (space within the collector 18) (para. 0095), the conditioning cavity being configured to refine said beverage supplied from the beverage outlet (beverage extraction means in member 19 i.e. perforation means 30; fig. 2) via the beverage passage (fluid conduit) (para. 0071).
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Ryser does not disclose the valve being for instance fluidically located between the beverage outlet and the conditioning cavity.
However, Yoakim discloses a machine comprises a valve (valve system 56; fig. 9) being for instance fluidically located between the beverage outlet (annotated fig. 9) and the conditioning cavity (cavity 68 of liquid receiving subassembly) (para. 0097).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the machine of Ryser to include the valve fluidly located between the beverage outlet and the conditioning cavity as taught by Yoakim, in order to enable sufficient interaction between water and the substance contained in the capsule, thereby yield consistent taste of the beverage.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BONITA KHLOK whose telephone number is (571)270-7313. The examiner can normally be reached on M-F: 9:00am-6pm.
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, IBRAHIME ABRAHAM can be reached on (571) 270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BONITA KHLOK/ Examiner, Art Unit 3761
/CHRIS Q LIU/ Primary Examiner, Art Unit 3761
Prosecution Insights