Ex Parte Dudek et al - Page 9

            Appeal Number: 2006-3321                                                                          
            Application Number: 09/843,381                                                                    

                       NEW GROUND OF REJECTION UNDER 37 CFR § 41.50(b)                                        
                Pursuant to 37 CFR § 41.50(b), we enter the following new ground of                           
            rejection:                                                                                        
                Independent claims 1 and 6 are rejected under 35 U.S.C. § 102(b) as                           
            anticipated by Kondo.                                                                             
                Kondo shows                                                                                   
                   (a) preparing customisable consumer products according to available                        
                   selections made by a consumer of one or more components of those                           
                   consumer products having product characteristics chosen by the                             
                   consumer,                                                                                  
                   (b) optionally reconstituting those components with one or more other                      
                   components, and                                                                            
                   (c) dispensing from a vending system at a point-of-sale of those                           
                   consumer products                                                                          
                in the Summary of Invention Col. 2, line 40 – Col. 3 line 39:                                 
                   It is an object of this invention to provide an automatic vending                          
                   machine wherein different varieites [sic] of ground coffee powders or                      
                   of coffee beans are stored separately and a straight coffee of any one                     
                   of the varieties and a blended coffee of any combination of the                            
                   varieties [sic] can be served as requested.                                                
                   It is another object of this invention to provide such an automatic                        
                   vending machine wherein coffee concentration can be selected as                            
                   desired.                                                                                   
                   It is still another object of this invention to provide such an automatic                  
                   vending machine wherein cream and/or sugar can be mixed to the                             
                   coffee as desired.                                                                         
                   According to this invention, an automatic coffee vending machine can                       
                   be obtained which comprises a plurality of chambers for storing                            
                   coffee materials of different varieties, respectively, and a plurality of                  
                   means for discharging the coffee materials from the plurality of                           
                   chambers, respectively. Powders of the coffee materials discharged by                      
                   the discharging means are introduced into a coffee extractor by an                         

                                                      9                                                       


Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: September 9, 2013