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 .
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 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.
Claim Rejections - 35 USC § 112
1. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-12, 15, 17, 18, 25-27 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1; the limitation, “a refrigerant through one or more channels located outward of an inner surface of the evaporator” appears to lack support in the application as originally filed. The present disclosure does not provide details on how one of ordinary skill in the art would measure, maintain, or ensure this condition.
Claims 2-12 are dependent from claim 1 rejected under 35 U.S.C. 112 above and therefore inherit the deficiencies of the parent claim 1.
Regarding claim 4; the limitation, “a central stem” appears to lack support in the application as originally filed. The present disclosure does not provide details on how one of ordinary skill in the art would measure, maintain, or ensure this condition.
Regarding claim 6; the limitation, “a second pod in the second recess” appears to lack support in the application as originally filed. The present disclosure does not provide details on how one of ordinary skill in the art would measure, maintain, or ensure this condition.
Claims 7-10 are dependent from claim 6 rejected under 35 U.S.C. 112 above and therefore inherit the deficiencies of the parent claim 6.
Regarding claim 7; the limitation, “the second pod is in close contact with the evaporator” appears to lack support in the application as originally filed. The present disclosure does not provide details on how one of ordinary skill in the art would measure, maintain, or ensure this condition.
Regarding claim 8; the limitation, “the evaporator and the second pod are frustoconical” appears to lack support in the application as originally filed. The present disclosure does not provide details on how one of ordinary skill in the art would measure, maintain, or ensure this condition.
Regarding claim 10; the limitation, “consuming” appears to lack support in the application as originally filed. The present disclosure does not provide details on how one of ordinary skill in the art would measure, maintain, or ensure this condition.
Regarding claim 15; the limitation, “a central stem” appears to lack support in the application as originally filed. The present disclosure does not provide details on how one of ordinary skill in the art would measure, maintain, or ensure this condition.
Regarding claim 17; the limitation, “a second pod in the second recess” appears to lack support in the application as originally filed. The present disclosure does not provide details on how one of ordinary skill in the art would measure, maintain, or ensure this condition.
Claim 18 is dependent from claim 17 rejected under 35 U.S.C. 112 above and therefore inherit the deficiencies of the parent claim 17.
Regarding claim 25; the limitation, “the one or more portions are configured to sweep along the inner surface of the evaporator” appears to lack support in the application as originally filed. The present disclosure does not provide details on how one of ordinary skill in the art would measure, maintain, or ensure this condition.
Regarding claim 26; the limitation, “an object in the second recess such that a sidewall of the object is in direct contact with a sidewall of the evaporator” appears to lack support in the application as originally filed. The present disclosure does not provide details on how one of ordinary skill in the art would measure, maintain, or ensure this condition.
Regarding claim 27; the limitation, “the object is disposed in the second recess such that a sidewall of the object is disposed radially between the paddle” appears to lack support in the application as originally filed. The present disclosure does not provide details on how one of ordinary skill in the art would measure, maintain, or ensure this condition.
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 1-12, 15, 17, 18, 25-27 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.
Claim 1, recites the limitation of “a refrigerant through one or more channels located outward of an inner surface of the evaporator” which is confusing as it is unclear what constitute “one or more channels located outward of an inner surface of the evaporator” as recited in the claim. As such the claim limitation is indefinite.
Claims 2-12 are dependent from claim 1 rejected under 35 U.S.C. 112 above and therefore inherit the deficiencies of the parent claim 1.
Claim 4, recites the limitation of “the paddle comprises a central stem with one or more portions extending radially outward from the central stem” which is confusing as it is unclear what constitute “central stem with one or more portions extending radially outward from the central stem” as recited in the claim. As such the claim limitation is indefinite.
Claim 6, recites the limitation of “inserting a second pod in the second recess” which is confusing as it is unclear what constitute “second pod in the second recess” as recited in the claim. As such the claim limitation is indefinite.
Claims 7-10 are dependent from claim 6 rejected under 35 U.S.C. 112 above and therefore inherit the deficiencies of the parent claim 6.
Claim 7, recites the limitation of “the second pod is in close contact with the evaporator” which is confusing as it is unclear what constitute “second pod is in close contact with the evaporator” as recited in the claim. As such the claim limitation is indefinite.
Claim 8, recites the limitation of “the evaporator and the second pod are frustoconical” which is confusing as it is unclear what constitute “the evaporator and the second pod are frustoconical” as recited in the claim. As such the claim limitation is indefinite.
Claim 10, recites the limitation of “consuming the single serving of the brewed beverage from the second pod after removing the second pod from the second recess” which is confusing as it is unclear what constitute “consuming the single serving of the brewed beverage” as recited in the claim. As such the claim limitation is indefinite.
Claim 15, recites the limitation of “the paddle comprises a central stem with one or more portions extending radially outward from the central stem” which is confusing as it is unclear what constitute “central stem with one or more portions extending radially outward from the central stem” as recited in the claim. As such the claim limitation is indefinite.
Claim 17, recites the limitation of “inserting a second pod in the second recess” which is confusing as it is unclear what constitute “second pod in the second recess” as recited in the claim. As such the claim limitation is indefinite.
Claim 18 is dependent from claim 17 rejected under 35 U.S.C. 112 above and therefore inherit the deficiencies of the parent claim 17.
Claim 25, recites the limitation of “the one or more portions are configured to sweep along the inner surface of the evaporator” which is confusing as it is unclear what constitute “configured to sweep” as recited in the claim. As such the claim limitation is indefinite.
Claim 26, recites the limitation of “an object in the second recess such that a sidewall of the object is in direct contact with a sidewall of the evaporator” which is confusing as it is unclear what constitute “object in the second recess such that a sidewall of the object is in direct contact with a sidewall of the evaporator” as recited in the claim. As such the claim limitation is indefinite.
Claim 27, recites the limitation of “the object is disposed in the second recess such that a sidewall of the object is disposed radially between the paddle” which is confusing as it is unclear what constitute “object is disposed in the second recess such that a sidewall of the object is disposed radially between the paddle” as recited in the claim. As such the claim limitation is indefinite.
Claim Rejections - 35 USC § 102
2. 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 1-27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dussault et al (U.S. PG Pub No.: 2018/0344074 A1), hereinafter referred to as Dussault et al ‘074.
Regarding claim 1, Dussault et al ‘074 discloses a method of brewing and cooling a single serving of a beverage (coffee), the method comprising: heating, by a water heating system (12) of a machine {as shown in Fig. 1: Abstract, ¶¶ [0013] and [0022]}, water in a brewing line (11/13/15) upstream of a first recess (18/71) of the machine while a first pod (pod/k-cup/filter cone) containing ingredients for providing the single serving of the beverage is disposed in the first recess {as shown in Figs. 1 and 7A, ¶¶ [0022-0023] and [0050]}; brewing, by a brewing system (15) of the machine, the single serving of the beverage by flowing the heated water through the ingredients within the first pod while the first pod is disposed in the first recess {as shown in Fig. 1, ¶¶ [0022-0023]}; after brewing the single serving of the beverage, exchanging thermal energy (Qevap), using a heat exchanger (24), between (i) the single serving of the brewed beverage downstream of the first recess and (ii) the water heating system upstream of the first recess {as shown in Fig. 1, ¶¶ [0009] and [0021-0023]}; after brewing the single serving of the beverage, cooling, by a beverage cooling system (57) of the machine, the single serving of the brewed beverage within a second recess defined by an evaporator (80) of a refrigeration system (21/22/23/24/25) by pumping a refrigerant through one or more channels (C) located outward of an inner surface (S) of the evaporator to exchange thermal energy from the single serving of the brewed beverage to the refrigerant to cool the single serving of the brewed beverage within the second recess {see Fig. 7A, Figs. 8B-8C and Annotated 8D: ¶ ¶ [0050-0052]}; and while cooling the single serving of the brewed beverage within the second recess, rotating a paddle (85) within the second recess to stir the single serving of the brewed beverage to produce the single serving of the brewed and cooled beverage {see ¶¶ [0042] and [0051]}.
Regarding claim 2, Dussault et al ‘074 discloses the method of claim 1, comprising assisting in cooling the brewed beverage using the heat exchanger {see ¶¶ [0050-0051]}.
Regarding claim 3, Dussault et al ‘074 discloses the method of claim 2, comprising assisting in heating the water in the brewing line using the heat exchanger {see ¶¶ [0005], [0009], [0022] and [0026]}.
Regarding claim 4, Dussault et al ‘074 discloses the method of claim 1, respectively, wherein the paddle comprises a central stem (magnetic coupling) with one or more portions (vanes) extending radially outward from the central stem {see ¶ [0006]}.
Regarding claim 5, Dussault et al ‘074 discloses the method of claim 1, wherein the one or more channels (C) are integrally formed in a sidewall (S) of the evaporator (80), the sidewall having the inner surface defining the second recess (R2) {as shown in annotated Fig. 8D).
Regarding claim 6, Dussault et al ‘074 discloses the method of claim 1, comprising inserting a second pod (71) in the second recess (R2), and cooling the single serving of the brewed beverage inside the second pod {as shown in Fig. 7A and annotated Fig. 8D: ¶ [0050]}.
Regarding claim 7, Dussault et al ‘074 discloses the method of claim 6, wherein the second pod (71) is in close contact with the evaporator (80) while the machine cools the single serving of the brewed beverage inside the second pod {as shown in Fig. 7A and annotated Fig. 8D: ¶ [0050]}.
Regarding claim 8, Dussault et al ‘074 discloses the method of claim 6, wherein the evaporator (80) and the second pod (71) are frustoconical {as shown in Fig. 7A and annotated Fig. 8D}.
Regarding claim 9, Dussault et al ‘074 discloses the method of claim 6, comprising removing the second pod (71) from the second recess (R2) after the machine cools the single serving of the brewed beverage inside the second pod {as shown in Fig. 7A and annotated Fig. 8D}.
Regarding claim 10, Dussault et al ‘074 discloses the method of claim 9, comprising consuming the single serving of the brewed beverage from the second pod after removing the second pod from the second recess {see Abstract, wherein the brewed coffee is consumables by the user}.
Regarding claim 11, Dussault et al ‘074 discloses the method of claim 1, comprising dispensing the single serving of the brewed and cooled beverage directly into a cup (16) or a container after the machine cools the single serving of the brewed beverage {as shown in Fig. 1: ¶ [0022]}.
Regarding claim 12, Dussault et al ‘074 discloses the method of claim 1, wherein the single serving of the brewed and cooled beverage is a single serving of chilled coffee {see ¶¶ [0006], [0011] and [0028]}.
Regarding claim 13, Dussault et al ‘074 discloses a method of brewing and cooling a single serving of a beverage (coffee), the method comprising: heating, by a water heating system (12) of a machine {as shown in Fig. 1: Abstract, ¶¶ [0013] and [0022]}, water in a brewing line (11/13/15) upstream of a first recess (18/71) of the machine while a first pod (pod/k-cup/filter cone) containing ingredients for providing the single serving of the beverage is disposed in the first recess; brewing, by a brewing system of the machine, the single serving of the beverage by flowing the heated water through the ingredients within the first pod while the first pod is disposed in the first recess{as shown in Figs. 1 and 7A, ¶¶ [0022-0023] and [0050]}; after brewing the single serving of the beverage, cooling, by a beverage cooling system (57) of the machine, the single serving of the brewed beverage within a second recess defined by an evaporator (80) of a refrigeration system (21/22/23/24/25) by pumping a refrigerant through one or more channels (C) located outward of an inner surface (S) of the evaporator to exchange thermal energy (Qevp) from the single serving of the brewed beverage to the refrigerant to cool the single serving of the brewed beverage within the second recess {see Figs. 1, 7A, Figs. 8B-8C and Annotated 8D: ¶¶ [0009], [0021-0023] and [0050-0052]}; using a heat exchanger (24) to assist in cooling the single serving of the brewed beverage, the evaporator being the thermally coupled to the brewing system by the heat exchanger {as shown in Fig. 1, ¶¶ [0009] and [0023]}; and while cooling the single serving of the brewed beverage within the second recess, rotating a paddle (85) within the second recess to stir the single serving of the brewed beverage to produce the single serving of the brewed and cooled beverage {see ¶¶ [0042] and [0051]}.
Regarding claim 14, Dussault et al ‘074 discloses the method of claim 13, wherein the heat exchanger (24) is thermally coupled to the brewing line (11/13/15) upstream of the first recess (18/71) {as shown in Figs. 1 and 7A: ¶¶ [0022] and [0050]}.
Regarding claim 15, Dussault et al ‘074 discloses the method of claim 13, respectively, wherein the paddle comprises a central stem (magnetic coupling) with one or more portions (vanes) extending radially outward from the central stem {see ¶ [0006]}.
Regarding claim 16, Dussault et al ‘074 discloses the method of claim 13, wherein the one or more channels are integrally formed in a sidewall of the evaporator, the sidewall having an inner surface (S) defining the second recess {as shown in annotated Fig. 8D).
Regarding claim 17, Dussault et al ‘074 discloses the method of claim 13, comprising inserting a second pod (71) in the second recess (R2), and cooling the single serving of the brewed beverage inside the second pod {as shown in Fig. 7A and annotated Fig. 8D: ¶ [0003]}.
Regarding claim 18, Dussault et al ‘074 discloses the method of claim 17, wherein the second pod (71) is disposed in the second recess (R2) such that a sidewall of the second pod is disposed radially between the paddle (85) and the evaporator (80) {as shown in Figs. 7A and 8C}.
Regarding claim 19, Dussault et al ‘074 discloses the method of claim 13, comprising dispensing the single serving of the brewed and cooled beverage from the machine after the machine cools the single serving of the brewed beverage {as shown in Fig. 1: ¶ [0022]}.
Regarding claim 20, Dussault et al ‘074 discloses the method of claim 13, wherein the single serving of the brewed and cooled beverage is a single serving of chilled coffee {see ¶¶ [0006], [0011] and [0028]}.
Regarding claim 21, Dussault et al ‘074 discloses a method of brewing and cooling a single serving of a beverage (coffee), the method comprising: heating, by a water heating system (12) of a machine {as shown in Fig. 1: Abstract, ¶¶ [0013] and [0022]}, water in a brewing line (11/13/15) upstream of a first recess (18/71) of the machine while a pod (pod/k-cup/filter cone) containing ingredients for providing the single serving of the beverage is disposed in the first recess{as shown in Figs. 1 and 7A, ¶¶ [0022-0023] and [0050]}; brewing, by a brewing system (15) of the machine, the single serving of the beverage by flowing the heated water through the ingredients within the pod while the pod is disposed in the first recess {as shown in Fig. 1, ¶¶ [0022-0023]}; after brewing the single serving of the beverage, cooling, by a beverage cooling system (57) of the machine, the single serving of the brewed beverage within a second recess defined by an evaporator (80) of a refrigeration system (21/22/23/24/25) by pumping a refrigerant through one or more channels (C) located outward of an inner surface (S) of the evaporator to exchange thermal energy from the single serving of the brewed beverage to the refrigerant to cool the single serving of the brewed beverage within the second recess {see Fig. 7A, Figs. 8B-8C and Annotated 8D: ¶ ¶ [0050-0052]}; and while cooling the single serving of the brewed beverage within the second recess, rotating a paddle (85) within the second recess to stir the single serving of the brewed beverage to produce the single serving of the brewed and cooled beverage {see ¶¶ [0042] and [0051]}.
Regarding claim 22, Dussault et al ‘074 discloses the method of claim 21, comprising exchanging thermal energy between the brewing line upstream (11/13/15) of the first recess and the single serving of the brewed beverage downstream of the first recess (18/71) {as shown in Figs. 1 and 7A: ¶¶ [0022] and [0050]}.
Regarding claim 23, Dussault et al ‘074 discloses the method of claim 22, wherein the one or more channels are integrally formed in a sidewall of the evaporator, the sidewall having the inner surface (S) defining the second recess {as shown in annotated Fig. 8D).
Regarding claim 24, Dussault et al ‘074 discloses the method of claim 21, wherein the paddle comprises a central stem (magnetic coupling) with one or more portions (vanes) extending radially outward from the central stem {see ¶ [0006]}.
Regarding claim 25, Dussault et al ‘074 discloses the method of claim 24, wherein the one or more portions are configured to sweep along the inner surface of the evaporator to stir the single serving of the brewed beverage to produce the single serving of the brewed and cooled beverage {see ¶ [0006]}.
Regarding claim 26, Dussault et al ‘074 discloses the method of claim 21, comprising receiving an object (71) in the second recess such that a sidewall of the object is in direct contact with a sidewall (S) of the evaporator, and the machine is operable to cool the single serving of the brewed beverage inside the object when the object is in the second recess {as shown in Figs.7A-7B, and annotated Fig. 8D: ¶¶ [0050]}; .
Regarding claim 27, Dussault et al ‘074 discloses the method of claim 26, wherein the object (71) is disposed in the second recess such that a sidewall of the object is disposed radially between the paddle (85) and the evaporator (80) {as shown in Figs. 7A and 8C}.
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Conclusion
3. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-20170360061-A1 to Fonte; Matthew.
US-20160251208-A1 to TANSEY, JR.; Francis X.
US-20160376140-A1 to TANSEY, JR.; Francis X.
US-20160214787-A1 to Iotti; Marco
US-20140272016-A1 to Nowak; Kelly M.
US-20120096876-A1 to Ravji; Sejal Jayantilal.
US-20120073819-A1 to Richard; Bennett M.
US-20110045152-A1 to Stutz; Dieter.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL E DUKE whose telephone number is (571)270-5290. The examiner can normally be reached on Monday thru Friday; 8:00 AM to 4:00 PM Monday thru Friday; 8:00 AM to 4:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FRANTZ JULES can be reached on (571)272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMMANUEL E DUKE/
Primary Examiner, Art Unit 3763
08/13/2026
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