The second German application provides support for “a pump [that] is controlled to push the water into the single-serve capsule only upon a determination that the read barcode agrees with a stored reference” (element [1.o]) by stating that “an identifier is the “form-fitting, friction-fitting and/or detection means to be sensed by a detector,” such as a toothed ring or barcode” with respect to Figure 16.

For example, Mr. Jobin testified that in his experience with consulting on the design of identification means for a home beer-dispenser system, he evaluated several ways of identifying and verifying that the correct beer cartridge was being used, including through the use of barcodes and the shape of the capsule or its “ribs or features” that would result in “physical exclusion related to deactivation of the valve to prevent dispensing.” See Ex. 2018 at 63:11-64:10; 64:11-16; 64:18-65:6, 67:16-68:4.

Petitioner argues that where Yoakim falls short, Rossi discloses the complete limitation – controlling a pump to supply water upon both detection of the identifier and a determination by the machine that the barcode agrees with a stored reference.

A POSITA with the requisite skill level required in this matter would not have the proper training and familiarity with complex optics, light guides, material science and physics to have the knowledge or understanding to combine Jarisch and Yoakim as Mr. Jobin proposes.

Further, an attempt to introduce the externally located Jarisch capsule holder into the embodiment of Figs. 61 and 62 of Yoakim would also require an expensive special sealed system that would protect the detector from the harsh environment of the machine during coffee making.

I recall Yoakim, for example, discussing some of the benefits of shaping the capsule to encourage the fluid to flow to the upper rim as it was being centrifuged.

Page 48 describing in this section, for example, in paragraphs 275 through 279 -- or, rather, 280 of my '923 declaration is that one of ordinary skill in the art would understand that these types of groove features in the context of the Yoakim capsules would generate turbulence.

THE WITNESS: Paragraph 31 states [as read]: "Figure 2 is a schematic representation of a brewing module in open position of the system of the invention into which is inserted a capsule."

THE WITNESS: Paragraph 32 describes [as read]: "Figure 3 is a schematic representation of a brewing module in closed position of the system of the invention which encloses a capsule."

It's coming off that -- that it's called -- [as read]: "liquid can also exit by making a laminar flow of beverage disbursed radially along the whole periphery of the upper wall."

Description of Related Art 0005 For many years preparing a beverage, such as cof fee, has involved brewing multiple servings in a pot or other container using loose coffee grounds.

Infusible material, such as the ground coffee 25 shown in FIGS. 6 and 7, is contained in a cavity intermediate the water distribution plate 24 and the filter 23 and bounded by a side wall 30 of the capsule base 21.

As most clearly shown in FIGS. 6 and 7, the positioning structure 46 has a generally J-shape and slides over the interior surface of the side wall 30 as the water distribution plate 24 is inserted into the capsule 20 against a quantity of infusible material.

It was found that the combina tion of a delivery rate of about 400 milliliter of water per minute and of a typical capsule filled with about 14 grams of finely ground coffee (400-500 mesh) creates a hydraulic resistance equal to about 1 bar over atmospheric pressure.

0078 Referring now to FIG. 14, the heater 145 is electri cally powered and includes a resistor heating element 163 under a laminated domed housing 164 comprising an inner aluminum shell 165 and an outer stainless steel cover 166.

A I'd have to refresh my memory on whether other entities were also involved, but my primary role was I was hired by Mayer Brown on behalf of Nespresso USA, to my recollection.

Page 15 of it, but certainly Ethical Coffee and Nespresso were engaged in litigation that required my assistance in helping them to resolve technical issues related to the capsules.

A My work at Design 4 Plastics covered a wide range of components and systems that are relevant in things like fluid dispensing and pumps, barcode scanners and plastic part design, material selection, thermoforming, metal forming, a wide range of those types of tasks, none of which were directed at the time towards coffee machines.

I have backgrounds in both in my education and spent time in both disciplines primarily as a mechanical engineer, and I -- in this particular project interfaced with the design team to create the overall look and feel of the product while integrating the technology and enhancing and improving and developing all of the parts and pieces that were required to build the machine.

I was hired to consult on a range of aspects related to a home-based beer-dispenser system, including integration of the -- of the -- and redesign of the capsule with a focus on these identification technologies that I mentioned.

An espresso that can achieve all of these qualities is made by quickly and thoroughly extracting many of the fla Vors from the ground coffee through a high operating pressure that does not allow time for the development ofburnt or bitter overtones.

The secondary port may act as a vent to release excess pressure above a threshold at the end of the brewing process to allow for a safe opening of the access lid on top of the water vessel.

A portable espresso maker according to claim 20, wherein the secondary port acts as a vent to release excess pressure above a threshold at the end of the brewing process to allow for a safe opening of the access lid on top of the water vessel.

A portable espresso maker according to claim 19, fur ther comprising a safety valve that prevents accidental release of compressed gas from the regulator towards the water ves sel.

A portable espresso maker according to claim 19, fur ther comprising a one-way safety valve that prevents acciden tal release of compressed gas from the regulator towards the water vessel.

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I note that the Board, in its Decision Granting Institution of Inter Partes Review of the ’491 Patent, adopted Petitioner’s definition of the level of ordinary skill, which requires a POSITA to have a bachelor’s degree in engineering plus five years of experience in design of mechanical beverage systems, or similar products.

I have been informed by counsel that Petitioner argued in a related litigation in the District Court that the term “barcode” should be interpreted to mean a “machine readable code consisting of parallel bars of different widths that encode more than only two unique binary characters such as 0 or 1.” Ex. 1052 at 8.

A person of ordinary skill in the art, having experience with sensors for recognizing an identifier, as required by the Board, would understand that the terms “sensor” and “camera” recited with respect to Figures 16, 17 and 18 would be particularly relevant to barcodes and similar printed codes.

A POSITA would have understood the second German application’s recitation of “[a]n annular peripheral region 2.4, onto which for example a cover sheet is sealed” to support limitation [1.j], “a barrier layer to prevent moisture or aroma from escaping out of the single-serve capsule.” Ex. 1047 at 41:19-20 (emphasis added).

Further, the limitation [1.k], “wherein the beverage machine also comprises: (i) a mandrel that is configured to pierce the cover in a region that is offset from the central axis of the base element” is supported by the depiction in Figure 16 of a spike 29 that produces an opening in the capsule through which water can flow.