Automatic coffee machine for commercial purposes

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 . Non-Final Rejection Multiple Embodiments – no restriction required This application discloses the following embodiments: Embodiment 1 - Reproductions 1.1-1.6 directed to an automatic coffee machine for commercial purposes comprised of a large rectangular body with 4 unclaimed boxes on top, a large control screen with a milk frother on its right, the arm and tip of which are unclaimed, and another unclaimed tube on the left overhanging an overflow tray. Embodiment 2 - Reproductions 2.1-2.6 directed to an automatic coffee machine for commercial purposes comprised of a large rectangular body with 4 unclaimed boxes on top, a slightly larger control screen with an unclaimed milk frother on its right, and another unclaimed tube on the left overhanging an overflow tray. Multiple embodiments of a single inventive concept may be included in the same design application only if they are patentably indistinct. See In re Rubinfield, 270 F.2d 391, 123 USPQ 210 (CCPA 1959). Embodiments that are patentably distinct from one another do not constitute a single inventive concept and thus may not be included in the same design application. See In re Platner, 155 USPQ 222 (Comm'r Pat. 1967). The above-identified embodiments are considered by the examiner to present overall appearances that are basically the same. Furthermore, the differences between the appearances of the embodiments are considered minor and patentably indistinct or are shown to be obvious in view of analogous prior art cited. Accordingly, they are deemed to be obvious variations and are being retained and examined in the same application Drawing Objection The drawings do not meet the requirements of 37 CFR 1.84 because: All lines are not durable, clean, black sufficiently dense and dark, and uniformly thick and well-defined. Many are blurry and are of a thickness such that details are obscured. The weight of all lines and letters must be heavy enough to permit adequate reproduction. This requirement applies to all lines however fine, to shading, and to lines representing cut surfaces in sectional views. Lines and strokes of different thicknesses may be used in the same drawing where different thicknesses have a different meaning. 37 CFR 1.84(l). This objection applies to all reproductions. The line quality must be made to meet the appropriate standards. See examiner’s example illustration below: PNG media_image1.png 459 844 media_image1.png Greyscale Rejection under 35 U.S.C. 112(a) and (b) The claim is rejected under 35 U.S.C. 112(a) and (b), first and second paragraphs, as the claimed invention is not described in such full, clear, concise and exact terms as to enable any person skilled in the art to make and use the same, and fails to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or, for applications subject to pre-AIA 35 U.S.C. 112, the applicant) regards as the invention The claim is indefinite and non-enabling for the following reasons. 1) The disclosures of Reproductions 1.1, 1.4, 2.1, 2.4 are considered indefinite and non-enabled. The three-dimensional nature including shape, depth and configuration of the features disclosed under the grate in Reproductions 1.1, 1.4, 2.1, 2.4 cannot be understood by the examiner without resorting to conjecture. For example, are they indentations in the side walls of the overflow tray, are they lines in the bottom of the overflow tray? Etc. See examiner’s illustration below: PNG media_image2.png 587 990 media_image2.png Greyscale PNG media_image3.png 465 956 media_image3.png Greyscale 2) The disclosure of Reproductions 1.2 and 2.2 are inconsistent with those of 1.3, 1.6, 2.3, 2.6. There are small button-like features on the front of the article under the overflow tray in reproductions 1.2 and 2.2 that do not exist in side views 1.3, 1.6 ,2.3, and 2.6. See examiner’s illustration below: 3) The features disclosed in Reproduction 1.2 and 2.2 are indefinite and non-enabled. The three-dimensional nature of the features disclosed above the overflow grate and tray, and the two small “nubbins” disclosed beneath the sides of the tray cannot be determined from the views provided. They only exist in Reproductions 1.2, and 2.2 and the views provided do not disclose enough information re the shape, location and nature of the features for the examiner to determine their configuration without resorting to conjecture. See examiner’s illustration below. PNG media_image4.png 875 692 media_image4.png Greyscale Because of the inconsistencies and inadequate visual disclosure of the figure drawings, the claimed design is subject to multiple interpretations such that one of ordinary skill in the art would not be able to reproduce the design without resorting to conjecture. This renders the claim indefinite and non-enabled. To attempt to overcome this rejection, it is suggested that the applicant submit replacement drawings of the claimed design that disclose the design clearly and consistently across all views. If non-enabled portions of the design cannot be enabled without the introduction of new matter, the applicant may remove from the claim those areas or portions of the design that are considered indefinite and non-enabling by converting them to broken lines. If new drawings are submitted in an attempt to overcome this rejection, care must be exercised to avoid the introduction of anything which could be construed to be new matter prohibited by 35 USC 132 and 37 CFR 1.121. The original drawing disclosure represents the claimed design. All features, elements, and lines as presented are the basis from which examination of the claim is conducted. It is critical that the original disclosure filed with the office be of the highest quality and be the most accurate rendering of the claimed design as possible. The overall design as well as that of individual features must be rendered in such a way that no amount of conjecture is necessary in understanding the claim. New matter is anything (structure, features, elements) which was not apparent (seen) in the drawings as originally filed. It is possible for new matter to consist of the removal as well as the addition of structure, features or elements. For example, it is possible that the removal of lines showing changes in elevation in CAD drawings, which cannot be clearly understood to be such without resorting to conjecture, may also introduce new matter. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either "Replacement Sheet" or "New Sheet" pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. Conclusion The claim stands rejected under 35 U.S.C. 112 (a) and (b). A drawing objection has been noted as well. When preparing new or replacement drawings, be careful to avoid introducing new matter. New matter is prohibited by 35 U.S.C. 132 and 37 CFR 1.121(f). Any inquiry concerning this communication or earlier communications from the examiner should be directed to Darryl Dardenne whose telephone number is 571-272-9967. The examiner can normally be reached on Monday-Friday, 8:30AM-5:00PM EST. Examiner interviews are available via telephone, in person, and via 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, Jae Liang, can be reached at (571)270-0229. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). For assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /D.J.D./Examiner, Art Unit 2921 /JAE LIANG/Supervisory Patent Examiner, Art Unit 2921