DETAILED ACTION
This detailed action is in response to the amendments and arguments filed on 11/10/2025, and any subsequent filings.
Notations “C_”, “L_” and “Pr_” are used to mean “column_”, “line_” and “paragraph_”.
Claims 1-14 and 16-20 are pending. Claims 17-20 were previously non-elected.
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 .
Response to Arguments
Claim Rejections - 35 USC § 112
Due to the Applicant’s remarks (pgs. 6-7), the previous 35 USC § 112(a) rejections have been removed.
Due to the Applicant’s amendments, the previous 35 USC § 112(b) rejection has been removed.
Claim Rejections - 35 USC § 103
Claims 1-2, 5, 8, 14 and 16
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references (pg. 9), the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the incoming water line and chemical injection line of Massey with the system of Perkins, because the water recovery system of Perkins includes treated water being transferred to chiller tanks (Figs. 3, 6B and 7, [0162], chiller tank 130), and adding fresh makeup water (Perkins, [0041]) and injecting disinfectant (Fig. 6B and 7, [0163], disinfectant distribution system 132) to the chiller tanks.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references (pgs. 10-12), the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to supply an antimicrobial solution that includes peroxyacetic acid in the system of Perkins, because a suitable antimicrobial solution may be an aqueous solution of peroxyacetic acid and peroxyacetic acid is generally used for chicken processing (Massey 2, [0015]) and the system of Perkins teaches that other approved disinfection agents may be used (Perkins, [0128]).
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references (pgs. , the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a throughput meter associated with the washing operation of Perkins, as demonstrated by Massey 2, to monitor the amounts of water and antimicrobial solution (Massey 2, [0031] and [0034]) to maintain a desired strength of antimicrobial solution (Massey 2, [0031]).
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning (pg. 13), it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Response to Amendment
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2, 5, 8, 14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication US20030094422A1 (‘Perkins’) in view of U.S. Publication US20150021258A1 (‘Massey’) and in further view of International Publication WO2017/188917A1(‘Massey 2’).
The Applicant’s claims are directed towards an apparatus.
Regarding Claims 1-2, 5, 8, 14 and 16, Perkins teaches a water recycling system (abstract) comprising:
a tank (Fig. 5, [0092], main influent/floatation tank) configured to hold a washing liquid, wherein the washing liquid comprises fresh water (Fig. 5) and an antimicrobial solution ([0090-0092], water is collected after being applied onto the animal carcasses and the water contains an antimicrobial agent ([0116]));
a washing operation selected from an inside outside bird washer, a chiller system or a dip tank (Fig. 5, [0098], chiller storage tanks, inside-outside carcass wash) in fluid communication with the tank (Fig. 5), wherein the washing operation utilizes the washing liquid ([0098]);
a first filtering assembly (Fig. 5, [0105], final filter FF2) positioned downstream of the tank (Fig. 5) and upstream of the washing operation (Fig. 5, upstream of reuse points), the first filtering assembly comprising an inline filter ([0057-0058]);
a second filtering assembly (Fig. 5, [0046-0047], rotating screen) positioned downstream of the washing operation (Fig. 5, downstream of processing area) and upstream of the tank (Fig. 5), the second filtering assembly comprising a rotary screen (Fig. 5, [0046-0047], rotating screen) and configured to receive washing liquid from the washing operation and to filter particulate matter from the washing liquid ([0046-0047]);
wherein the washing liquid is transported from the tank to the first filtering assembly (Fig. 5, [0095], flow from influent/floatation tank to final filter FF2) and from the first filtering assembly to the washing operation (Fig. 5, [0098], treated effluent is piped to bird chiller tanks or additional reuse points) and the washing liquid is utilized in the washing operation ([0098]), from the washing operation the washing liquid is flowed to the second filtering assembly (Fig. 5, [0047], water collected from source points is pumped to the screening device) and the washing liquid that flows through the second filtering assembly is returned to the tank (Fig. 5, [0049-0050], following passage through the screening device, the recovered process water is pumped to the floatation tank).
Perkins does not teach an antimicrobial solution comprising peroxyacetic acid; an incoming water line connected to the tank and configured to supply the fresh water to the tank; an incoming water line meter associated with the incoming water line, the incoming water line meter configured to measure a volume of fresh water through the incoming water line to the tank; a chemical injection line connected to the tank and configured to supply to the tank the antimicrobial solution comprising peroxyacetic acid; and a throughput meter associated with the washing operation, the throughput meter configured to measure a volume of the washing liquid into or out of the washing operation.
Massey also relates to a water recycling system ([0002] and [0028]), comprising an incoming water line (Fig. 3, [0045], water supply line 128) connected to the tank (Fig. 3, [0049], recycle tank 124) and configured to supply the fresh water to the tank ([0049]);
a chemical injection line (Fig. 3, [0049], antimicrobial supply line 132) connected to the tank ([0049]) and configured to supply to the tank the antimicrobial solution ([0049]).
Massey 2 also relates to a water recycling system ([0017]), comprising an antimicrobial solution comprising peroxyacetic acid ([0015]); and
an incoming water line meter (Fig. 1-2, [0020], water meter 70) associated with the incoming water line, the incoming water line meter configured to measure a volume of fresh water through the incoming water line to the tank ([0023] and [0028-0029]); and
a throughput meter associated with the washing operation, the throughput meter configured to measure a volume of the washing liquid into or out of the washing operation ([0032], fluid output can be monitored).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the incoming water line and chemical injection line of Massey and the system of Perkins to prepare an antimicrobial solution of a desired concentration (Massey, [0044] and [0051]), where a portion of antimicrobial solution can be collected and reused (Massey, [0052]). Furthermore, an incoming water line ensures that processing of food product would not be interrupted by any recovery system upsets (Perkins, [0065-0066]) and a chemical injection line allows for disinfection prior to the water’s introduction to its designated reuse point, where the dosage allows for advantageous process application within the processing plant’s operations (Perkins, [0055-0056] and [0061-0062]), because processing applies a controlled concentration of antimicrobial solution to reduce pathogen levels and optimize the antimicrobial effect (Perkins, [0176-0178]). It would have been obvious to combine the incoming water line meter and throughput meter of Massey 2 and the system of Perkins and Massey to monitor water flow and water amount (Massey 2, [0023]) to maintain a desired strength of antimicrobial solution (Massey 2, [0031]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to supply an antimicrobial solution that includes peroxyacetic acid in the system of Perkins, Massey and Massey 2, because a suitable antimicrobial solution may be an aqueous solution of peroxyacetic acid and peroxyacetic acid is generally used for chicken processing (Massey 2, [0015]) and the system of Perkins teaches that other approved disinfection agents may be used (Perkins, [0128]).
Additional Disclosures Included:
Claim 2: a chemical injection line meter (Massey 2, Fig. 1, [0020], acid flow meter 80) associated with the chemical injection line and configured to measure a volume of antimicrobial solution through the chemical injection line to the tank (Massey 2, [0026]).
Claim 5: further comprising a control unit (Massey 2, [0020], Fig. 2, control panel includes processor 100), wherein the control unit is configured to receive volume data from the incoming water line meter (Massey 2, [0023], processor 100 stores data representative of amounts of water and acid antimicrobial solution) and the throughput meter (Massey 2. [0032], fluid input and fluid output can be monitored).
Claim 8: further comprising a control unit (Massey 2, [0020], Fig. 2, control panel includes processor 100), wherein the control unit is configured to receive volume data from the incoming water line meter (Massey 2, [0023], processor 100 stores data representative of amounts of water and acid antimicrobial solution), the throughput meter (Massey 2. [0032], fluid input and fluid output can be monitored), and the chemical injection line meter (Massey 2, [0023], processor 100 stores data representative of amounts of water and acid antimicrobial solution).
Claim 14: a second washing operation (Perkins, [0098], treated effluent from the system will then be advantageously piped to the plant's bird chiller storage tanks for use as bird chiller makeup or to additional reuse points including but not limited to the scalder, evisceration wash water, defeathering wash water, inside-outside carcass wash, and sanitation cleanup water); and a second throughput meter associated with the second washing operation, the second throughput meter configured to measure a volume of the washing liquid into or out of the second washing operation (It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a second throughput meter, such as the throughput meter of Massey 2, in the second washing operation of the system of Perkins to monitor fluid input and fluid output of the system (Massey 2, [0032])).
Claim 16: the inline filter of the first filtering assembly comprises one or more bag filters (Perkins, [0057-0058], passage through bag filter(s)).
Claims 3-4, 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication US20030094422A1 (‘Perkins’), U.S. Publication US20150021258A1 (‘Massey’) and International Publication WO2017/188917A1 (‘Massey 2’) as applied to claims 1 and 2 above, and further in view of U.S. Publication US20190299114A1 (‘Shiner’).
The Applicant’s claims are directed towards an apparatus.
Regarding Claims 3-4 and 10, the combination of Perkins, Massey and Massey 2 teaches the system of Claim 1, including a spray bar line connected to the second filtering assembly and configured to provide fresh water to the second filtering assembly (Perkins, [0047], screening device is fitted with a water spraying mechanism, where the spray nozzle is installed on a bar (Perkins, [0048])), except a spray bar line meter associated with the spray bar line and configured to measure a volume of fresh water through the spray bar line to the second filtering assembly.
Shiner also relates to a water recycling ([0072]) system ([0188]), comprising a spray bar line meter (flow meter 122, [0138], Fig. 1A) associated with the spray bar line (spray nozzles 138 ([0138], Fig. 1A) of spray system 134 ([0147], Fig. 1A)) and configured to measure a volume of fresh water through the spray bar line to the filtering assembly (detects feed rate, [0138]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the spray bar line meter of Shiner and the spray bar line of the system of the combination of Perkins, Massey and Massey 2 in order to measure the flow rate leading to the spray nozzles, enabling the detection of obstructions (Shiner, [0138]).
Additional Disclosures Included:
Claim 4: wherein the spray bar line comprises a spray nozzle positioned to spray the rotary screen with fresh water (Perkins, [0047], screening device is fitted with a water spraying mechanism, where the spray nozzle is installed on a bar (Perkins, [0048])).
Claim 10: a control unit (Massey 2, [0020], Fig. 2, control panel includes processor 100), wherein the control unit is configured to receive volume data from the incoming water line meter (Massey 2, [0023], processor 100 stores data representative of amounts of water and acid antimicrobial solution), the throughput meter (Massey 2. [0032], fluid input and fluid output can be monitored), and the spray bar line meter (Shiner, [0138], feed rate at flow meter 122) (It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the control unit of the combination of Perkins, Massey, Massey 2 and Shiner to receive volume data from the spray bar line meter of Shiner to measure the flow rate leading to the spray nozzles, enabling the detection of obstructions (Shiner, [0138])).
Claim 12: spray bar line connected to the second filtering assembly and configured to provide fresh water to the second filtering assembly (Perkins, [0047], screening device is fitted with a water spraying mechanism, where the spray nozzle is installed on a bar (Perkins, [0048]));
a spray bar line meter associated with the spray bar line and configured to measure a volume of fresh water through the spray bar line to the second filtering assembly (Shiner, [0138], Fig. 1, feed rate at flow meter 122);
and a control unit (Massey 2, [0020], Fig. 2, control panel includes processor 100), wherein the control unit is configured to receive volume data from the incoming water line meter (Massey 2, [0023], processor 100 stores data representative of amounts of water and acid antimicrobial solution), the throughput meter (Massey 2. [0032], fluid input and fluid output can be monitored), the chemical injection line meter (Massey 2, [0023], processor 100 stores data representative of amounts of water and acid antimicrobial solution), and the spray bar line meter (Shiner, [0138], feed rate at flow meter 122). (It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the spray bar line meter of Shiner and the spray bar line of the system of the combination of Perkins, Massey and Massey 2, and for the control unit of the combination of Perkins, Massey and Massey 2 to receive volume data from the spray bar line meter of Shiner in order to measure the flow rate leading to the spray nozzles, enabling the detection of obstructions (Shiner, [0138])).
Claims 6-7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication US20030094422A1 (‘Perkins’), U.S. Publication US20150021258A1 (‘Massey’) and International Publication WO 2017/188917 A1 (‘Massey 2’) as applied to claims 5 and 8 above, and further in view of U.S. Publication US6059941A (‘Bryson’).
The Applicant’s claim is directed towards an apparatus.
Regarding Claims 6-7, the combination of Perkins, Massey and Massey 2 teaches the system of Claim 1, except that the control unit is further configured to calculate a water savings according to the following formula: [ volume of the washing liquid into or out of the washing operation ] - [ volume of water through the incoming water line to the tank ].
Bryson also relates to a water recycling system (mains water is softened (C5, L13-15), generating a saturated salt solution (C2, L4-6), which is used to generate a sterilizing solution and regenerate water softeners (C3, L15-17). This is being interpreted as water recycling), teaches a control unit (computer means, C2, L49-51) that is configured to receive volume data from the incoming water line meter and the throughput meter (computer means controls the softened water to saturated salt solution ratio and the flow rate, C4, L9-11 and L16-17).
Additional Disclosures Included:
Claim 7: a display (Massey 2, Fig. 2, [0020], display 200) connected to the control unit (Massey 2, [0020]) and configured to display the volume data (Massey 2, [0023]) and/or the water savings.
Regarding Claim 9, the combination of Perkins, Massey and Massey 2 teaches the system of Claim 8, except that the control unit is further configured to calculate a water savings value according to the following formula: [ volume of the washing liquid into or out of the washing operation ] - [ volume of water through the incoming water line to the tank ] - [ volume of antimicrobial solution through the chemical injection line to the tank ].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the control unit of the combination of Perkins, Massey and Massey 2 to calculate a water savings, as demonstrated by Bryson, because the difference between the amount of fluid being added to the system and the amount of fluid being recycled provides an indication of the amount of fluid that is leaving the system attached to the food work pieces (Massey 2, [0032]).
Claims 11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication US20030094422A1 (‘Perkins’), U.S. Publication US20150021258A1 (‘Massey’), International Publication WO 2017/188917 A1 (‘Massey 2’) and U.S. Publication US20190299114A1 (‘Shiner’) as applied to claims 10 and 12 above, and further in view of U.S. Publication US6059941A (‘Bryson’).
The Applicant’s claims are directed towards an apparatus.
Regarding Claim 11, the combination of Perkins, Massey, Massey 2 and Shiner teaches the system of Claim 10, except that the control unit is further configured to calculate a water savings value according to the following formula: [ volume of the washing liquid into or out of the washing operation ] - [ volume of water through the incoming water line to the tank ] - [ volume of fresh water through the spray bar line to the second filtering assembly ].
Regarding Claim 13, the combination of Perkins, Massey, Massey 2 and Shiner teaches the system of Claim 12, except that the control unit is further configured to calculate a water savings value according to the following formula: [ volume of the washing liquid into or out of the washing operation ] - [ volume of water through the incoming water line to the tank ] - [ volume of antimicrobial solution through the chemical injection line to the tank ] - [ volume of fresh water through the spray bar line to the second filtering assembly ].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the control unit of the combination of Perkins, Massey, Massey 2 and Shiner to calculate a water savings, as demonstrated by Bryson, because the difference between the amount of fluid being added to the system and the amount of fluid being recycled provides an indication of the amount of fluid that is leaving the system attached to the food work pieces (Massey 2, [0032]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BOI-LIEN THI NGUYEN whose telephone number is (703)756-4613. The examiner can normally be reached Monday to Friday, 8 am to 6 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bobby Ramdhanie can be reached at (571) 270-3240. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BOI-LIEN THI NGUYEN/Examiner, Art Unit 1779
/Bobby Ramdhanie/Supervisory Patent Examiner, Art Unit 1779