Apparatus for preventing passing off of a brewed beverage

Foods and beverages: apparatus – Beverage – Infusors

Reexamination Certificate

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Details

C099S323300, C099S295000, C426S433000, C426S435000, C426S082000

Reexamination Certificate

active

06786136

ABSTRACT:

FIELD OF THE INVENTION
The present invention is directed to an apparatus for preventing the passing off of a brewed beverage. More particularly, the invention is directed to a beverage brewing apparatus wherein the apparatus has a key means to accept one brand of a filter pack with beverage precursor packed therein.
BACKGROUND OF THE INVENTION
Traditionally, unfair competition laws protect the first user of a name, brand or symbol in connection with the sale of goods or services against a competitor whose subsequent use of such a name, brand or symbol confuses consumers as to the source and/or quality of the goods or services. Unfair competition laws also protect consumers from the tort of passing off which occurs when, for example, a consumer asks to buy a specific product but is actually, without knowing, sold another product, typically of inferior quality.
In the beverage brewing industry, suppliers of tea leaf, for example, often supply to food establishments (i.e., in addition to the tea leaf) tea brewing apparatuses, and such apparatuses typically display the name of the supplier of the tea leaf or the tea leaf brand. It may be desirable, for instance, for superior food companies, like Unilever Bestfoods, to supply tea leaf (i.e., under the Lipton Tea Brand) to food establishments, along with a tea brewing apparatus marked with the famous Lipton Tea Brand logo. The marking on the beverage brewing apparatus provides notice to the consumer or end user that a specific product, of known quality, aroma and taste, is being brewed and dispensed from the tea brewing apparatus.
Unfortunately, however, many food establishments, subsequent to obtaining a beverage brewing apparatus, do not always brew a beverage, like tea, with a brand of beverage precursor that is supplied by (e.g., matches) the company having its name or brand displayed on the beverage brewing apparatus. Such a practice often confuses a consumer such that the consumer typically gets a brewed beverage of a quality that is less than the quality of the beverage expected. Moreover, the practice of brewing a beverage in such a matter, almost always, results in the consumer getting a beverage having an unexpected aroma and taste.
It is of increasing interest to develop a beverage brewing apparatus that is suitable to prevent the passing off of a beverage. This invention, therefore, is directed to a beverage brewing apparatus wherein the apparatus has a key means to accept one brand of a filter pack with beverage precursor packed therein.
Additional Information
Efforts have been disclosed for brewing beverages. In U.S. patent application Ser. No. 2001/0053399 A1, a coffee filter pack apparatus is described.
Other efforts have been disclosed for brewing beverages. In European Patent Specification EP 0 776 166 B1, an infusion beverage product having co-agglomerated creamer and sweetener is described.
Still other efforts have been disclosed for making a brewed beverage. In U.S. Pat. No. 6,393,966, a beverage server and brewer that can automatically initiate a brewing cycle is described.
None of the additional information above describes a brewing apparatus wherein the apparatus has a key means to accept one brand of a filter pack with beverage precursor packed therein.
SUMMARY OF THE INVENTION
In a first aspect, the present invention is directed to a brew funnel comprising:
(a) a mouth suitable for receiving a beverage precursor within a filter pack;
(b) a floor, opposite the mouth, the floor comprising an aperture for beverage drainage;
(c) a surrounding wall having a top and bottom portion, the bottom portion being connected to the floor and the top portion forming the mouth of the brew funnel; and
(d) an elevation device placed and supported therein
wherein the brew funnel further comprises a key means comprising a portion above the elevation device and attached to the floor or surrounding wall or both, or a key means attached to or protruding from a top portion of the elevation device thereby enabling the brew funnel to accept one brand of a filter pack with beverage precursor packed therein.
In a second aspect, the present invention is directed to a beverage brewing apparatus comprising the brew funnel of the first aspect of this invention.
In a third aspect, the present invention is directed to a method for making or brewing a beverage with the brew funnel of the first aspect of this invention.
Elevation device, as used herein, is defined to mean a device comprising a flat platform with a top and bottom portion; having the ability to be supported within a brew funnel, when elevated from and substantially parallel to the floor of the brew funnel; and having the ability to hold up and support a filter pack, the platform being porous to a liquid (e.g., a platform with at least two holes or perforations but preferably a plurality of holes or perforations).
Beverage precursor, as used herein, is defined to mean a material that can be contacted with water to produce a beverage, such a beverage precursor can be ground coffee or tea leaf.
Beverage, as used herein, is defined to mean a liquid that may be consumed by a human and made with a beverage precursor.
Coffee is defined to mean a beverage derived from a coffee bean, including ground coffee.
Tea, as used herein, is meant to include tea derived from
Camillia sinensis
, as well as herbal teas.
Filter pack is defined to mean a package having an outer material, like a filter paper material, that can be used to package a beverage precursor, whereby such a filter pack can expand or swell so that the beverage precursor is sufficiently contacted with water to brew beverage.
Brand is defined to mean a specific type of product or a series of products, with or without the same name, coming from a single source.
Key means is defined to mean a tangible item having a shape or configuration that acts like a key complementary to a form or contour of a filter pack with beverage precursor packed therein.


REFERENCES:
patent: 3450024 (1969-06-01), Martin
patent: 4550024 (1985-10-01), le Granse
patent: 5325765 (1994-07-01), Sylvan et al.
patent: 5347916 (1994-09-01), Fond et al.
patent: 5633026 (1997-05-01), Gruenbacher
patent: 5927179 (1999-07-01), Mordini et al.
patent: 6182554 (2001-02-01), Beaulieu et al.
patent: 6305268 (2001-10-01), Schamberg et al.
patent: 6393966 (2002-05-01), Hart et al.
patent: 2001/0052294 (2001-12-01), Schmed
patent: 2001/0053399 (2001-12-01), Herod
patent: 2002/0002908 (2002-01-01), Clean et al.
patent: 36 32 686 (1988-03-01), None
patent: 0 776 166 (2001-04-01), None
patent: 95/25457 (1995-09-01), None
International Search Report claiming priority on PCT/EP 03/05470 mailed Aug. 25, 2003.
Related co-pending application: Mordini et al; 10/142,454; filed May 10, 2002; “Apparatus for Brewing a Beverage”.

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