Here, the dispensed liquid is water that is heated to a predetermined elevated temperature to brew beverages from extracts (e.g., coffee, tea, powders and concentrates) contained in disposable hermetically Sealed cartridges.

In a preferred embodi ment herein chosen for purposes of disclosure, the one way Valve comprises a Silicone ball 26 sized to gravitationally seat in and seal the inlet port 20.

In addition, the pump may be simply commanded on for a Set period of time Sufficient to ensure that the prede termined amount of liquid has been delivered from the metering chamber.

Notably, it suffices that in all these embodiments of the present invention compressed air is used to drive the predetermined amount of liquid from the meter ing chamber.

Although the present invention has been discussed in the context of an automated brewing System that includes a microcontroller, one of ordinary skill will recognize that there a number of different techniques for controlling the delivery of the compressed air to the metering chamber.

Applicant(s) Kruger, Marc Art Unit 1792 AIA (FITF) Status No -- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address -- Period for Reply

Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term adjustment.

35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvementthereof, may obtain a patent therefor, subject to the conditions and requirements of thistitle.

Claim 1 recites a single serve capsule to have an identifier which is a barcode provided on the side of the peripheral region of the basic element which is directed away from the membrane.

Regarding claims 1 and 2, Ruchonnetdiscloses a single serve capsule (receptacle 3) capable of making a beverage (coffee) (translation, page 3, paragraph 4), having a basic element with a cavity, in which a raw beverage material (coffee) (page 3, paragraph 4) is provided, the capsule has a peripheral region (cylindrical) which is provided on the basic element, and the cavity being closed by a membrane (upper perforable part), which is fastened on the peripheral region of the basic element, wherein the capsule hasan identifier (information readable), which makes it possible to individualize the respective single-serve capsule (translation page 1, paragraph 11), characterizedin that the identifier is a barcode whichis provided on that side of the peripheral region of the basic element whichis directed away from the membrane (translation page 2, paragraph 6).

Paul Davis, Swampscott, and Joseph N. McDonald, Lex ington, Mass., assignors to Sweetheart Plastics, Inc., Wilmington, Mass., a corporation of Massachusetts Filed Jan. 12, 1968, Ser.

The gripping section lies inter mediate top and bottom side wall sections and is pro vided with a large number of axially extending flutes hav ing substantial depth as compared with the thickness of the side wall to maximize stiffening properties of the cup and enable ease and comfort in holding the cup even if filled with hot liquids.

The cilitation of rim rolling can be achieved and spin weld Stacking ring 13 defines a lower bottom edge 14, an up ing and scuffing of adjacent cups prevented.

Ward and axially inwardly extending stacking ring sec While specific embodiments of the present invention tion 13 and an upper horizontal shoulder 15.

The projections act to stiffen the side gripping section 19 be the same as that of the upper sec wall and also provide relief for stripping from the molds tion, it can vary and can be slightly less than that of the used.

The diffusion of capsules is due to the fact that the user has at his disposal an extremely simple, effective and quick means for preparing the beverage, without having to dose ingredients and possibly without dirtying the Surround ing environment.

There are assemblies in which the cap sule is inserted from above, from the front, laterally or by means of a traditional method which uses a filter Supporting arm, as occurs for conventional machines to be used in bars.

Another object of the present invention is to provide an infusion assembly particularly for machines for preparing beverages which is highly reliable, relatively simple to pro vide and at competitive costs.

In practice it has been found that the infusion assem bly according to the present invention fully achieves the intended aim and objects, since it allows to have a reduced space occupation, simplified actuation, by moving the piston with the means for locking the capsule connected thereto, keeping the dispensing assembly fixed.

The infusion assembly thus conceived is susceptible of numerous modifications and variations, all of which are within the scope of the appended claims; all the details may further be replaced with other technically equivalent ele mentS.

The method includes positioning the barcode repetitively along a circle sharing a common center with an outer-ring of the round ending section of the product body.

The accompanying figures, where like reference numerals refer to identical or functionally similar elements throughout the separate views, together with the detailed description below, are incorporated in and form part of the specification, and serve to further illustrate embodiments of concepts that include the claimed invention, and explain vari ous principles and advantages of those embodiments.

In FIG.4A-FIG. 4C, the barcode is repetitively posi tioned along a circle 44 sharing a common center with an outer-ring of the round ending section of the product body.

Accordingly, the specification and figures are to be regarded in an illustrative rather than a restrictive sense, and all such modifications are intended to be included within the scope of present teachings.

Apr. 1, 2010 choices motivated by, for example, available time, current technology, and economic considerations, when guided by the concepts and principles disclosed herein will be readily capable of generating Such software instructions and pro grams and ICs with minimal experimentation.

0008 An embodiment of a system according to the invention is characterized in that the data comprise infor mation identifying the type of beverage base material com prised in the container.

An embodiment of a system according to the invention is characterized in that the data comprise infor mation identifying a storage life of the beverage base material.

0025 Interpretation of the tag's data will lead to verifi cation of the manufacturer and unique identification of the variety of beverage within the pad, so that the brewing parameters can be optimized for the drink.

The brewing parameters to obtain this optimum beverage extract results are controlled on the basis of the data read from the identifier comprised in the container.

An identifier for use with the system according to claim 1, characterized in that said identifier comprises a separate element for inclusion in a container for containing a basis material for the consumable matter during storage, which is provided with data which are readable by a reader in an apparatus for preparing a consumable matter, and a preparation process during operation of the apparatus being controlled based on said data.

Krüger GmbH & Co. KG (“Krüger”) began as an instant tea company with 12 employees in 1971, but has grown into a food and beverage powerhouse that now employs about 5,000 people in 10 countries around the world.

These locations and employees work to develop, provide, maintain, make available, use, and assist others in using the Infringing Products, including customers in this District, across the United States, and worldwide.

In addition, Defendant, directly or through its parents or subsidiaries, employs individuals within this District, including employees who design, develop, use, offer, or make available their Infringing Products to customers here, and maintains offices, stores, and other facilities here.

Defendant developed the Vertuo specifically for North American consumers.5 Under the control of SPN, Nespresso USA is the Nestlé business arm that operates and sells the Infringing Products in the United States.

As depicted above in the Defendant’s Infringing Products, the single-serve capsules comprise a base element made of metal, such as aluminum foil, with a cavity, in which a raw beverage material is provided.

In re application of: Marc Kriger Group Art Unit: 1792 Serial No.: 16/538,752 Filed: August 12, 2019 Examiner: Smith, Chaim A. Conf.

17} (Previously Presented} The method according to claim 13, wherein the methad comprises activating @ water-providing-pressure pump of the apparatus if the read barcode matches with the stored reference.

The foregoing amendments are taken in the interest of expediting prosecution and there is no intention of surrendering any range of equivalents to which Applicant would otherwise be entitled in view ofthe priorart.

For example, paragraph [00058] discloses: “Pyuring this process the rawmaterial is extracted or disscived and therefore the beverageis produced.” Accordingly, Applicant submits the elements of claims 10 and 19 comply with the enablement requirement.

Applicant has amended the claims in the interest of expediting prosecution in a mannerthat is believed to be sufficient to overcome and renderthis rejection moot.

Please send the Certificate to: Name: Address: Paul J. Palinski The Dobrusin Law Firm, P.C. 29 W. LawrenceStreet, Suite 210 Pontiac, Ml 48342 Respectfully submitted, Dated: 3/8/22 /Paul J. Palinski/

Marc Kruger Column 14, line 45, delete "configured to rad the" and insert --configured to read the-- It is certified that an error appears or errors appear in the above-identified patent and that said Letters Patent is hereby corrected as shown below: Page 3, insert --2001/0181005 A1 8/2007 Kirschner et al.-- Column 13, lines 38-39 delete "wherein the side wall" and insert --wherein a side wall-- Column 14, line 36, delete "group of single serve capsules" and insert --group of single-serve capsules-- MAILING ADDRESS OF SENDER(Please do not use Customer Number below): Paul J. Palinski/The Dobrusin Law Firm 29 West Lawrence Street Suite 210 Pontiac, MI 48342 This collection of information is required by 37 CFR 1.322, 1.323, and 1.324.

The information is required to obtain or retain a benefit by the public whichis tofile (and by the USPTOto process) an application.

A record related to an International Application filed under the Patent Cooperation Treaty in this system of records maybe disclosed, as a routine use, to the International Bureau of the World Intellectual Property Organization, pursuant to the Patent Cooperation Treaty.

: January 25, 2022 : Mare Kriiger Page | of 1 It is certified that error appears in the above-identified patent and that said Letters Patent is hereby corrected as shown below: On the Title Page Page 3, Column 1, insert --2001/0181005 Al 8/2007 Kirschneretal.-- In the Claims Column 13, Lines 38-39, delete “wherein the side wall” and insert --wherein a side wall-- Column 14, Line 36, delete “group of single serve capsules” and insert --group of single-serve capsules-- Column 14, Line 45, delete “configured to rad the” and insert --configured to read the-- Signed and Sealed this Fifth Day of April, 2022 On VLE Drew Hirshfeld Performing the Functions and Duties ofthe Under Secretary of Commercefor Intellectual Property and Director ofthe United States Patent and Trademark Office

Due to the oscillating configuration of the seat and the compliance with three reference positions of the latter, and the number of pieces necessary, Such a device is complex and costly to produce.

In the device according to the invention, the inser tion and positioning part of the capsule is placed in front of and perpendicular to the guide body and comprises at least one guidance means.

In a final embodiment of the device according to the invention, the latter comprises, in front of the guide body, a retractable stop, placed beneath the movable part.

The extraction takes place and when the movable part is opened, the capsule falls by gravitation because it is no longer held by the stopping means.

Finally the device comprises an element 52, fixedly attached to the movable part and thus acting on the retractable stop to open it and close it.

10 2010 044 251.8 02 September 2010 (02.09.2010) Date of receipt at the International Bureau: 21 November 2011 (21.11.2011) Remark: Priority document submitted or transmitted to the International Bureau in compliance with Rule 17.1(a),(b) or (b-bis) 34, cnemir des Colombettes 1211 Goneva 20, Switzerland www.wipo.int

L Charles Edward STTCH BA, Manasing Director of RWS Group Lid UK Translation Division, of Europa House, Chiltern Park, Chiltem Hill, Chalfont St Peter, Buckinghamshire, United Kingdom, declare:

% iS List of designations * @ Wt sik “ cee ek ‘‘iaSe wyag nDol at be reed gaaait ortMe coray Dhord ahetg ie) Sa ae Ac XMi : Ee ane cas Pea ah ba ee“a art © +s ye whee mo “a earamM ood ts Tha oay ad &oopal bg v4 weg on

Se ent £ Es at wo ws the prece ra4a &patyf earn ae at~ wh it iGCh, fiAe vee2 tea, oa Cap leSu

Abstract The present invention relates to a portion & basic ee e fe a ele yaw beverage material having «& beverage, making Sng , Att Na ws, doings din which & cavity, and which is closedoh, oO £939 3Tr 3 om et hs st G * ie cr oF iat the basic e@elament.

Within the scope of this technical task is therefore that of providing a safe and simple system and process for ensuring that an appropriate load element is used.

This helps to prevent the user from making the mistake o f inserting into the machine a different load element to the one that was first recognised, for which the operating conditions are set.

This permits the optional further step o f self -programming o f the edible - product making machine according to the specific load element recognised such that the appropriate operating conditions are automatically set.

Further characteristics and advantages o f the present invention will become more evident from the description o f a preferred, but not exclusive, embodiment o f a system of edible -product making machine and a load element according to the finding, illustrated in the attached, non- limiting drawing, wherein: Figure 1 shows a schematic view o f one embodiment o f the system o f the present invention.

With reference to the above figure, the system comprises an edible -product making machine 1 and a single use load element in the form of a capsule 2 .

The use of Such packets also has heretofore been reserved for espreSSO coffee making machines, which typically employ consistent size, shape and grind characteristics.

0030 Machine interpretable feature 30, it will be appre ciated, is capable of Storing a significant amount of data, including Specific brewing directives and/or packaging or ingredient characteristics.

Examples of ingredient characteristics which may be Stored in machine interpretable feature 30 include grind, blend, roast, quantity, bed depth, freshness, and expiration date.

0.033 AS alluded to above, machine interpretable feature 30 need not store data Specifically including brewing direc tives and ingredient characteristics.

The Subject matter of the invention is regarded to include all novel and non-obvious combinations and Subcombinations of the vari ous elements, features, functions and/or properties disclosed herein.

Ruchonnet at 6:7-20: Thereceptacle (3) comprises a support medium (13) that 1s, in particular, a cylinderor a conical trunk on which, during its packaging, the information (11) has beenaffixed to its edge, a circular base (14) that makesit possible to hold the substance, especially coflee,that 18 to be filtered.

See, e.g.: cavity within which a powdered coffee material is located, the cavity|Ruchonnet at Abstract: being free of a filter and including a central portion, negative recognition, rejects the information (11) andstops the procedure for activating the distribution module (18) to interrupt the perforation of the upper part of the receptacle (3) and extraction of the products (30, 31, 32).

Ruchonnetat 6:7-20: Thereceptacle (3) comprises a support medium (13)that 1s, in particular, a cylinder or a conical trunk on which, during its packaging, the information (11) has beenaffixed to its edge, a circular base (14) that makes 1t possible to hold the substance, especially coflee,that 1s to be filtered.

Ruchonnetat 6:7-20: Thereceptacle (3) comprises a support medium (13)that 1s, in particular, a cylinder or a conical trunk on which, during its packaging, the information (11) has beenaffixedto its edge, a circular base (14) that makes it possible to hold the substance, espectally coffee,that 18 to be filtered.

Ruchonnet at 6:7-20: Thereceptacle (3) comprises a support medium (13) that 1s, in particular, a cylinder or a conicaltrunk on which, during its packaging, the information (11) hasbeen affixed to its edge, a circular base (14) that makes it possible to hold the substance, espectally coffee,that 18 to be filtered.

[0002] In the last few years, machines for making hot beverages such as coffee, tea, chocolate and the like from a pre-metered single-dose and single-use capsule containing a preparation in the form of a substantially granular infusion have become ever more widespread.

Moreover, the significant param- eters of the flow passing through the capsule, like, e.g., speed and direction, may variously be affected by its shape, often even in a way and to an extent a priori un- foreseeable, to the detriment of the quality of the end beverage and of the repeatability of its features, e.g. in terms of taste and density.

[0005] Hence, the technical problem set and solved by the present invention is to provide a capsule for making beverages of the above-mentioned type, allowing to overcome the drawbacks hereto-mentioned with refer- ence to the known art.

The capsule (1) according to any one of the preced- ing claims, wherein said main body (2, 3, 4) has, in correspondence of at least part of the lateral wall (4) of said housing (10), a plurality of longitudinal bulges (53) alternating with said internal grooves (50).

The capsule (1) according to any one of the claims 1 to 9, wherein said main body (2, 3, 4) has a top face (2) at least partly made of a substantially imper- meable material provided with small holes (81) to allow the entering of the extraction fluid into the cap- sule (1) itself.