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 .
Response to Arguments
Applicant's arguments filed 1/29/2026 have been fully considered but they are not persuasive.
Claim 1 is amended to recite that, in the bypass mode, the roller section is moved away from the falling path of the coffee beans. Applicant notes that the bypass mode is not simply adjusting the gap between the rollers but is movement of the roller section away from the falling path of the coffee beans. Applicant argues that Nakatsuka does not describe this because Nakatsuka only describes adjusting the gap between the rollers. Examiner disagrees. Moving the roller section away from the falling path is the intended use of the apparatus. To meet the claim, the roller section must be capable of being moved away from the falling path. Nakatsuka describes rollers which are capable of being adjusted such that the size gap between them is also adjusted. When the gap is made bigger, the rollers are being “moved away” from the falling path of the coffee beans even if the beans are still cracked or compressed.
Applicant also argues that the features of new claim 24 are not taught by the cited references. Examiner disagrees. Most of the limitations in claim 24 are from other dependent claims which were previously rejected. Between Fukushima and Sung, the claimed limitations not previously claimed are still met, see rejection below.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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 1, 3-4, 7-12, 14-15, 17, 20, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Fukushima (JP2002219055A, see English translation previously provided) by Nakatsuka (JP2001087145A, see English translation previously provided.)
Regarding claim 1, Fukushima meets the claimed, A compressed coffee bean block manufacturing apparatus (Fukushima [0001] describes an apparatus for processing coffee beans) comprising: a main unit; a supply unit that provides coffee beans to a supply area located within the main unit; (Fukushima [0012] and [0014] describe a coffee bean container 40 (supply unit) and a coffee mill 80 (supply area) supply beans) a storage unit that receives the coffee beans in a storage space device from the supply area and transports the coffee beans to a compression area on one side of the supply area; (Fukushima [0009] and [0024] describes a bean auger transports beans into a measuring chamber and then eventually through a bean chute to the coffee extractor 30) and a compression and discharge unit that compresses and shapes the coffee beans in the compression area into a coffee bean block (Fukushima [0012] and [0035] describes the coffee extractor 30 which has a piston 39 for compressing the ground beans) and then transports the coffee bean block to a discharge area on one side of the compression area for ejection, (Fukushima [0035] describes transporting the extracted beans A out of the machine and into a bucket 17) wherein the supply unit is configured to compress or crack the coffee beans before providing the coffee beans to the supply area (Fukushima [0020] describes gears with teeth 47 that roughly crush the coffee beans before the beans are transported to the coffee mill 80) wherein the supply unit comprises: a hopper section with an internal space; (Fukushima bean storage unit 40 is shaped like a hopper in Figure 1) a roller section including a pair of rollers and arranged within the hopper section to compress or crack the coffee beans; (Fukushima [0020] and Figure 4 shows the gears are similar to rollers and crush the coffee beans) and a discharge section configured to communicate with the internal space of the hopper section, (Fukushima Figure 1 shows the storage unit 40 has a discharge section into the gears 47.)
Fukushima does not describe the gap between the rollers and does not meet the claimed, wherein, in the engaged mode, the pair of rollers have an adjustable gap to compress or crack the coffee beans in a falling path of the coffee beans, and wherein, in the bypass mode, the roller section is moved away from the falling path of the coffee beans.
Analogous in the field of coffee processing apparatus, Nakatsuka also describes an apparatus for crushing or grinding coffee using rollers and meets the claimed, wherein, in the engaged mode, the pair of rollers have an adjustable gap to compress or crack the coffee beans in a falling path of the coffee beans, and wherein, in the bypass mode, the roller section is moved away from the falling path of the coffee beans (Nakatsuka [0023] does disclose that the gap between the rollers is adjustable in order to adjust the particle size of the ground coffee. Since the rollers in Nakatsuka are adjustable they are also configured to operate in either an engaged mode or a bypass mode depending on the distance between them. Additionally, the roller section being moved away from the falling path of the beans is the intended use of the apparatus. Only the structural limitations of the claims are relevant to patentability. Nakatsuka describes rollers that are adjustable and are capable of cracking of a coffee bean and are capable of being moved away from the falling path of the coffee bean. Therefore, Nakatsuka meets the structural limitations of the claim. See MPEP §2114(II).)
It would have been obvious to a person of ordinary skill in the art before the filing date to combine the apparatus of Fukushima with the adjustable rollers of Nakatsuka which can move away from the beans or towards the beans to crack them in order to adjust the particle size, see Nakatsuka [0023].
Regarding claim 3, Fukushima describes only one pair of rollers and does not meet the claimed, The apparatus of claim 1, wherein the roller section comprises a plurality of pairs of unit rollers within the hopper section, the plurality of pairs of unit rollers being arranged in series in a direction toward the discharge section.
Analogous in the field of coffee processing apparatus, Nakatsuka also describes an apparatus for crushing or grinding coffee using rollers and meets the claimed, The apparatus of claim 1, wherein the roller section comprises a plurality of pairs of unit rollers within the hopper section, the plurality of pairs of unit rollers being arranged in series in a direction toward the discharge section (Nakatsuka [0018] describes multiple roller grinders, see also Figure 6.)
It would have been obvious to a person of ordinary skill in the art before the filing date to duplicate the number of rollers in Fukushima as described in Nakatsuka in order to crush the coffee beans to a predetermined size, see Nakatsuka [0023].
Regarding claim 4, Fukushima meets the claimed, The apparatus of claim 1, wherein the discharge section is eccentrically attached to a center of the internal space of the hopper section (Fukushima Figure 1 and 2 show the discharge portion of the hopper is located more to the left side of the storage unit 40.)
Regarding claim 7, Fukushima meets the claimed, The apparatus of claim 1, wherein the compression and discharge unit comprises a molding device configured to compress the coffee beans, (Fukushima [0035] discusses pressing the beans via a piston 39 while in the cylinder 32) the molding device being positioned opposite the storage space device, (Fukushima Figure 1 shows the cylinder 32 and piston 39 being opposite from the storage unit 40) and wherein the molding device pushes the coffee beans in the storage space device into a molding space to compress and shape the coffee beans into the coffee bean block (Fukushima [0035] discusses pressing the beans via a piston 39 while in the cylinder 32.)
Regarding claim 8, Fukushima meets the claimed, The apparatus of claim 7, wherein the compression and discharge unit includes a support plate in the molding device to apply uniform pressure to the coffee beans (Fukushima [0035] describes a cap 37 which the piston 39 presses against.)
Regarding claim 9, Fukushima meets the claimed, The apparatus of claim 7, wherein the compression and discharge unit presses the coffee beans in a direction perpendicular to a transportation direction of the storage unit to the compression area (Fukushima [0024] describes the coffee bean auger 43 transports the beans in a horizontal direction into a measuring chamber 51 before being provided to the bean chute and subsequently the extractor 30 while the piston 39 is raised and lowered vertically, see Figure 1 and [0035].)
Regarding claim 10, Fukushima meets the claimed, The apparatus of claim 7, wherein the molding device opposite the storage space device moves along an open surface of the storage space device, and seals the storage space device in the compression area to compress and shape the coffee beans into the coffee bean block (Fukushima [0035] describes a cap 37 is inserted into the cylinder 32.)
Regarding claim 11, Fukushima meets the claimed, The apparatus of claim 10, wherein the molding device containing the coffee bean block moves horizontally along the open surface of the storage space device to the discharge area (Fukushima Figure 1 shows the extracted block A being moved horizontally out of the extractor unit 30 and downward to the bucket 17.)
Regarding claim 12, Fukushima meets the claimed, The apparatus of claim 11, wherein a movement path of the molding device is parallel to a movement path of the storage space device (Fukushima Figure 1 shows the beans move downward vertically through the storage section 40 and also move downward vertically from the chute 81 to the cylinder 32.)
Regarding claim 14, Fukushima meets the claimed, The apparatus of claim 7, wherein the compression and discharge unit further comprises: a movement section forming a path of the molding device from the compression area to the discharge area; (Fukushima [0035] describe the cylinder is rotated so the waste dreg can be pushed into the bucket 17) a position adjustment section fixed on one side and connected to the molding device on another side to allow movement of the molding device; (Fukushima [0035] describes a gear 36 and motor 35 which rotate the cylinder 32) and a pressing section that pushes the coffee beans in the storage space device into the molding device opposite to the storage space device in the compression area (Fukushima [0024] describes an auger which pushes beans into a measuring chamber 51 before they are eventually transported into the cylinder 32 to be compressed.)
Regarding claim 15, Fukushima meets the claimed, The apparatus of claim 14, wherein the compression and discharge unit further includes a separation section to separate the coffee bean block in the discharge area (Fukushima [0036] describes the extracted beans A are separated from coffee liquid via a pipe as they are transported into the bucket 17.)
Regarding claim 17, Fukushima does not explicitly meet the claimed, The apparatus of claim 1, wherein an amount of acrylamide in coffee from the coffee bean block formed by the apparatus is less than about 17.21 µg/kg, however, this limitation is directed to a characteristic of the material being worked upon by the apparatus rather than the apparatus itself. The inclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims, see MPEP §2115. Fukushima discloses an apparatus which the same structural limitations as the claim, therefore the claim is met.
Regarding claim 20, Fukushima does not explicitly meet the claimed, The apparatus of claim 1, wherein, in coffee from the coffee bean block formed by the apparatus, an amount of glutamic acid present is about 47.45 mg/100g, an amount of proline present is about 7.96 mg/100g, an amount of alanine present is about 6.24 mg/100g, an amount of leucine present is about 10.85 mg/100g and an amount of phenylalanine present is about 7.51 mg/100g, however, this limitation is directed to a characteristic of the material being worked upon by the apparatus rather than the apparatus itself. The inclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims, see MPEP §2115. Fukushima discloses an apparatus which the same structural limitations as the claim, therefore the claim is met.
Regarding claim 23, Nakatsuka further meets the claimed, The apparatus of claim 1, wherein, in the engaged mode of the roller section, the pair of rollers of the roller section are separated by the adjustable gap to compress or crack the coffee beans, and in the bypass mode, the pair of rollers are separated by the adjustable gap to allow free passage of the coffee beans without compressing or cracking the coffee beans, wherein the adjustable gap of the pair of rollers is adjustable in the engaged mode and the bypass mode (Nakatsuka [0023] does disclose that the gap between the rollers is adjustable in order to adjust the particle size of the ground coffee. Since the rollers in Nakatsuka are adjustable they are also configured to operate in either an engaged mode or a bypass mode depending on the distance between them. Additionally, the rollers cracking or not cracking the coffee beans is the intended use of the apparatus. Only the structural limitations of the claims are relevant to patentability. Nakatsuka describes rollers that are adjustable and are capable of cracking of a coffee bean and are capable of being moved away from the falling path of the coffee bean. Therefore, Nakatsuka meets the structural limitations of the claim. See MPEP §2114(II). )
Nakatsuka does not disclose the size of the gap relative to the beans as claimed, gap that is about 50% to 95% of an average size of the coffee beans, gap that is about 100% to about 1000% of the average size of the coffee beans, between 50% to 1000% of the average size of the coffee beans, however, Nakatsuka discloses that the gap distance is a result-effective variable which affects the size of the ground coffee. It would have been obvious to a person of ordinary skill in the art before the filing date to modify the gap distance through routine optimization and arrive at the claimed range in order to optimize the particle size, see Nakatsuka [0023] and MPEP §2144.04(II)(B).
Claims 13 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over modified Fukushima and further in view of Ho (WO2020116863A1, see English translation previously provided.)
Regarding claim 13, Fukushima only discloses one cylinder with one molding space and does not meet the claimed, The apparatus of claim 10, wherein the compression and discharge unit includes a plurality of unit molding spaces with an internal shape, and at least one of the plurality of unit molding devices is positioned in the compression area.
Analogous in the field of coffee pressing and processing, Ho describes a mold which coffee is pressed into and meets the claimed, The apparatus of claim 10, wherein the compression and discharge unit includes a plurality of unit molding spaces with an internal shape, and at least one of the plurality of unit molding devices is positioned in the compression area (Ho [0076] and Figure 4 show a mold 210 with a plurality of protrusions 212 and depressions in which the coffee is molded.)
It would have been obvious to a person of ordinary skill in the art before the filing date to combine the cylinder of Fukushima with the mold having multiple internal spaces of Ho in order to generate a cushioning effect during pressing and press the coffee evenly, see Ho [0120].
Regarding claim 21, Fukushima meets the claimed, The apparatus of claim 1, wherein the compression and discharge unit includes a circular body that rotates, (Fukushima [0035] describes a cylinder that tilts/rotates, the bottom of the cylinder is circular.)
Fukushima only discloses one cylinder with one molding space and does not meet the claimed, and a plurality of unit molding spaces are arranged at a periphery of the circular body at regular intervals.
Analogous in the field of coffee pressing and processing, Ho describes a mold which coffee is pressed into and meets the claimed, and a plurality of unit molding spaces are arranged at a periphery of the circular body at regular intervals (Ho [0076] and Figure 4 show a mold 210 with a plurality of protrusions 212 and depressions in which the coffee is molded, Figure 3 and [0081] show a different view of a similar device.)
It would have been obvious to a person of ordinary skill in the art before the filing date to combine the cylinder of Fukushima with the mold having multiple internal spaces of Ho in order to generate a cushioning effect during pressing and press the coffee evenly, see Ho [0120].
Claim 16, 22, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over modified Fukushima and further in view of Sung (KR102218251B1, see English translation provided.)
Regarding claim 16, Fukushima describes an auger and chutes which transport the coffee beans from the storage section to the cylinder to be molded but does not disclose a rail and does not meet the claimed, The apparatus of claim 1, wherein the storage unit comprises: a rail section to form a movement path of the storage space device; and a cylinder section fixed to one side of the rail section, allowing the storage space device to move back and forth along the rail section from the supply area to the compression area.
Analogous in the field of coffee processing, Sung meets the claimed, The apparatus of claim 1, wherein the storage unit comprises: a rail section to form a movement path of the storage space device; (Sung [0061] and [0073]-[0074] describe a cup portion 200 which stores coffee is transported on a rail member 700 to a damper member 300) and a cylinder section fixed to one side of the rail section, allowing the storage space device to move back and forth along the rail section from the supply area to the compression area (Sung [0070] describes a cup moving part 500 which has a hydraulic cylinder allowing the cup to move back and forth and Figure 6 shows it located on one side.)
It would have been obvious to a person of ordinary skill in the art before the filing date to substitute the auger described in Fukushima with the rail and transportation device as disclosed in Sung in order to provide automated extracting capabilities, see Sung [0001].
Regarding claim 22, Fukushima meets the claimed, The apparatus of claim 16, wherein the storage space device includes a pressure plate within the storage space device and the pressure plate is configured to move upward in a vertical direction, (Fukushima [0014] describes a top plate 53 which is vertically movable next to the auger.)
Fukushima does not meet the claimed, and wherein the storage space device is configured to move horizontally back and forth by the cylinder section.
Analogous in the field of coffee processing, Sung meets the claimed, and wherein the storage space device is configured to move horizontally back and forth by the cylinder section. (Sung [0061] and [0073]-[0074] describe a cup portion 200 which stores coffee is transported back and forth on a rail member 700,)
It would have been obvious to a person of ordinary skill in the art before the filing date to substitute the auger described in Fukushima with the cup portion which moves back and forth as disclosed in Sung in order to provide automated extracting capabilities, see Sung [0001].
Regarding claim 24, Fukushima meets the claimed, The apparatus of claim 1, wherein the compression and discharge unit includes a support plate to apply uniform pressure to the coffee beans (Fukushima [0035] describes a cap 37 which the piston 39 presses against to compress beans) and wherein the support plate configured to independently move in a horizontal direction of the apparatus (Fukushima [0035] and Figure 1 describe the cap 37 is moved to the cylinder 32, Figure 1 shows this is at least partially in the horizontal direction.)
Fukushima does not disclose a pressure plate within the storage space that moves horizontally and does not meet the claimed, wherein the storage space device includes a pressure plate within the storage space device, and wherein the support plate and storage space device are configured to independently move in a horizontal direction of the apparatus. Fukushima describes a pressure plate device which moves horizontally and presses the coffee grounds but does not describe the pressure plate and the storage device and are aligned and coupled at the compression area for pressing the coffee beans, and are decoupled and separated from each other when the support plate is at the discharge area.
Sung meets the claimed, wherein the storage space device includes a pressure plate within the storage space device, (Sung [0052] describes a body part 210 of the cup 200, see Figure 2 showing the body part 210 is plate-like) storage space device configured to independently move in a horizontal direction of the apparatus, (Sung [0052] describes the body part 210 is moved linearly, see several of the figures showing the cup 200 moving in the horizontal direction) the storage space device and the support plate and are aligned and coupled at the compression area for pressing the coffee beans, and are decoupled and separated from each other when the support plate is at the discharge area (Sung [0099] describes the coffee cup part 200, which includes the body part 210, is moved to the damper member 300 where the damper member 300 is moved to compress the beans in the cup 200 and then are separated so the cup 200 can be moved elsewhere for cleaning, see [0102].)
It would have been obvious to a person of ordinary skill in the art before the filing date to combine the apparatus of Fukushima with the storage space device and pressure plate which move horizontally as described in Sung in order to automate the grinding and brewing process, see Sung [0028]-[0029]. Additionally, it would have been obvious to a person of ordinary skill in the art before the filing date to combine the cap/support plate described in Fukushima with the support plate that couples with the storage unit as described in Sung in order to press the coffee beans and then decouple so the coffee beans can be removed and the cup cleaned out, see Sung [0102]-[0103].
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over modified Fukushima and in further view of Richards (US 3,511,666).
Regarding claim 18, Fukushima does not specify the pressure and does not meet the claimed, The apparatus of claim 1, wherein the compression and discharge unit applies a pressure between about 1,000kg/㎠ to 5000kg/㎠ to the coffee beans in the compression area to compress and shape the coffee beans into the coffee bean block.
Analogous in the field of coffee processing, Richards meets the claimed, The apparatus of claim 1, wherein the compression and discharge unit applies a pressure between about 1,000kg/㎠ to 5000kg/㎠ to the coffee beans in the compression area to compress and shape the coffee beans into the coffee bean block (Richards col. 2 lines 40-50 describe using a pressure of 8,000-16,000 psi or ~562-1125 kgf/cm2. When the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP §2144.04 (I).)
It would have been obvious to a person of ordinary skill in the art before the filing date to combine the piston which compresses the coffee as described in Richards with the press able to compress the coffee up to 1125 kgf/cm2 as described in Richards in order to yield a pellet of coffee that is hard enough not to break, see Richards col. 2 lines 42-45.
Regarding claim 19, while Richards discloses a pressure slightly outside the claimed range of, The apparatus of claim 18, wherein the pressure is about 1,500kg/㎠, Richards col. 3 lines 45-48. discloses that the actual pressure used may vary with the temperature and moisture level of the coffee. It would have been obvious to a person of ordinary skill in the art before the filing date to optimize the pressure through routine optimization in order to ensure that the coffee is appropriately pressed given its temperature and moisture level, see Richards col. 3 lines 45-48.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/V.B./Examiner, Art Unit 1744
/XIAO S ZHAO/Supervisory Patent Examiner, Art Unit 1744