DETAILED ACTION
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/28/2026 has been entered.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Amendment
The Amendment filed on January 28th, 2026 has been entered. Claims 1-8, and 17-20 remain pending in the application. Claims 9-16 have been cancelled.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 4-8, 17-18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Concin (US Patent No. 20180325147).
Regarding Claim 1, Concin teaches a plant for pasteurizing foodstuffs or beverages filled into closed containers by way of a process liquid, wherein the plant comprises (Paragraph 1, The invention relates to a system for pasteurizing foods packed in closed containers and a method for pasteurizing foods packed in closed containers):at least one heating zone (Paragraph 8, Heating zone), a pressure-closed heating line system; a pressure-closed cooling line system (Paragraph 12-13, Concin teaches hydraulic switches in both the Cooling and the Heating Circuit which are used to monitor and control pressure to ensure that they stay within a range, therefore the broadest reasonable interruption is that the system is in closed pressure): at least one pasteurizing zone (Paragraph 8, pasteurization zone), at least one cooling zone (Paragraph 8, cooling zone), wherein the at least one heating zone, the at least one pasteurizing zone and the at least one cooling zone are arranged successively in a conveying direction of the closed containers (Paragraph 8, The three zones are arranged in successively in a conveying direction of the closed containers), each of the at least one heating zone, the at least one pasteurizing zone and the at least one cooling zone zones being assigned: a sprinkling device for discharging the process liquid (Figure 1, sprinkling devices 12 in heating zones 5 and 6, pasteurization zone 7 and 8, and cooling zone 9 and 10), and a collecting region for receiving the discharged process liquid (Paragraph 9, Tank for collecting processing liquid), a conveyor for conveying the closed containers in the conveying direction through the at least one heating zone, the at least one pasteurizing zone and the at least one cooling zone (Paragraph 32, conveyor in a direction of transport through at least one heating zone, at least one pasteurization zone and at least one cooling zone in succession), a first heat exchanger configured to provide heat from a heat source to the process liquid from the collecting region of the at least one pasteurizing zone (Paragraph 11, Heat tank 16 connected to heat exchanger and heat source Paragraph 62, A heat tank 16 stores processing liquid at a high temperature level from pasteurizing zone),wherein the first heat exchanger includes a first line connection to the collecting region of the at least one pasteurizing zone and a second line connection to one or more feeds to the sprinkling device of the at least one heating zone via a pressure-closed heating line system (Figure 1, Pasteurization zone 7 and 8 empties processing liquid in collection region 16 then it goes through connection line to heat exchanger 30, incorrectly labeled 29 through Heating Circuit 31and heat exchanger 34, then the processing liquid goes through another connection line 18 to the dosing devices 17 and then to the circulation pumps 13 and finally to heating zones 5 and 6), second heat exchanger coupled to a cooling plant, for cooling the process liquid from the collecting region of the at least one cooling zone (Figure 1, process liquid 11 from the collecting region 15 comes from cooling zone 10 and 9. Collecting region 15 is coupled to both a heat exchanger 19 and cooling tower 29), wherein the second heat exchanger includes a third line connection to the collecting region of the at least one cooling zone (Figure 1, Collecting region 15 of cooling zone 10 and 9 is coupled to a heat exchanger 19 through a connection line), a fourth line connection to one or more feeds to the sprinkling device of the at least one cooling zone via a pressure-closed cooling line system (Figure 1, Pasteurization zone 7 and 8 empties processing liquid in collection region 16 then it goes through connection line to heat exchanger 30, incorrectly labeled 29, through Cooling Circuit 20 and heat exchanger 34, then the processing liquid goes through another connection line 18 to the dosing devices 17 and then to the circulation pumps 13 and finally to cooling zone 10 and 9), and a heat pump comprising a condenser and an evaporator, wherein the heat pump is configured to supply additional heat to the process liquid in the pressure-closed heating line system via the condenser (Figure 1 and Paragraph 88, Heat pump 22 has both a condenser 32 and evaporator 21. Paragraph 9-10, Heat Pump 22 uses Condenser 32 in Heating Circuit 31 to provide heat to processing liquid), wherein the heat pump is additionally configured to cool the process liquid in the pressure-closed cooling line system via the evaporator (Paragraph 9-11, Heat Pump 22 uses evaporator 21 in Cooling Circuit 20 to cool processing liquid).
Regarding Claim 2, Concin teaches that the first heat exchanger is further connected by a first pipeline to the one or more feeds to the sprinkling device of the at least one pasteurizing zone via the pressure-closed heating line system (Figure 1, Heat exchanger 30, 34, and 19 are connected to all sprinkling device across all zones through multiple pipes through Heating Circuit 31); the second heat exchanger is further connected by a second pipeline to the one or more feeds to the sprinkling device of the at least one cooling zone via the pressure-closed cooling line system (Figure 1, Heat exchanger 30, 34, and 19 are connected to all sprinkling device across all zones through multiple pipes through Cooling Circuit 20).
Regrading Claim 4, Concin teaches that the plant is configured to supply the process liquid from the collecting region of the at least on cooling zone via a first pump via the pressure-closed cooling line system to a first inlet of the second heat exchanger (Figure 1, Cooling Zone 10 and 9 empty into Tank 15, and then the processing liquid goes via a pump through Cooling Circuit 20 to heat exchanger 19 via Pump 28).
Regrading Claim 5, Concin teaches that the amount of supplied heat of the heat source is controllable via a metering device (Paragraph 72, Heat pump can be controlled by a controller).
Regrading Claim 6, Concin teaches that the plant is configured to supply the process liquid from the collecting region of the at least one pasteurizing zone to a second inlet of the first heat exchanger via a second pump via the pressure-closed heating line system (Figure 1, Pasteurizing Zone 8 and 7 empty into Tank 16, and then the processing liquid goes to heat exchanger 30, Incorrectly labeled 29, via pump 13).
Regrading Claim 7, Concin teaches that the plant further comprising: a first bypass to the condenser in the pressure-closed heating line system (Figure 1, Bypass Line 36 to Condenser 32 in Heating Circuit 31).
Regrading Claim 8, Concin teaches that the first bypass leads from the pressure-closed heating line system through a first metering device to a first inlet of the condenser, through the condenser and from a first outlet of the condenser to the pressure-closed heating line system (Figure 1 and Paragraph 86, Heating circuit 31 to comprise a bypass line 36 between the Condenser 32 and the heat buffer store 35, at least one flow adjustment device 37 being assigned to said bypass line), wherein the second bypass leads from the pressure-closed cooling line system through a second metering device to a first inlet of the evaporator, through the evaporator and from a first outlet of the evaporator to the pressure-closed cooling line system (Figure 1, Cooling Circuit 20 to comprise a bypass line 26 between the evaporator 21 and the cold buffer store 24, at least one flow adjustment device 27 being assigned to said bypass line).
Regrading Claim 17, Concin teaches that the first heat exchanger is further connected by a pipeline to the one or more feeds to the sprinkling device of the at least one heating zone via the pressure-closed heating line system (Figure 1, Heat exchanger 30, 34, and 19 are connected to all sprinkling device across all zones through multiple pipes through Heating Circuit 31).
Regrading Claim 18, Concin teaches that the second heat exchanger is further connected by a pipeline to the one or more feeds to the sprinkling device of the at least one pasteurizing zone via the pressure-closed cooling line system (Figure 1, Heat exchanger 30, 34, and 19 are connected to all sprinkling device across all zones through multiple pipes through Cooling Circuit 20).
Regrading Claim 20, Concin teaches that the first bypass is disposed upstream of the first heat exchanger, and wherein the second bypass is disposed upstream of the second heat exchanger (Figure 1, Considering it’s a looped system, Bypass line 36 can be consider upstream of Heat Exchanger 30, and Bypass line 26 can be consider upstream of Heat Exchanger 19).
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.
Claims 3 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Concin (US Patent No. 20180325147) in view of Feldmeier (US Patent 20050112257).
Regrading Claim 3, Concin teaches the plant is configured provide an pressure in a range of 0.5 105 Pa to 2.5 105 Pa in the pressure-closed heating line system relative to an ambient pressure. (Paragraph 13 and Figure 1, Heat buffer store 35 integrated as a hydraulic switch to control pressure in heating circuit 31).
However, Concin fails to teach providing an overpressure to the system.
Feldmeier teaches a pasteurization arrangement (Abstract and Figure 1, Pasteurization) where the system provides an overpressure (Paragraph 4, The pressure differential is maintained by pumps and pressure controllers, and by ensuring that any vertical rise in the product flow path is controlled).
Feldmeier teaches that the pressure can be controlled, however, Feldmeier fails to teach the range of pressure used. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the workable ranges, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the workable ranges involves only routine skill in the art and modifying the at range of pressure the pressure-closed heating line system is between 0.5x105 Pa to 2.5x105 Pa would allow for the plant to be process the liquid efficiently. In re Aller, 105 USPQ 233. MPEP 2144.05-II.
Furthermore, since applicants have not disclosed that these modifications solve any stated problem or are for any particular purpose and it appears that the device would perform equally well with either designs, these modifications are a matter of design choice. Absent a teaching as to criticality that range of pressure the pressure-closed heating line system is between 0.5x105 Pa to 2.5x105 Pa this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). MPEP 2144.05.
Regrading Claim 19, Concin teaches that the plant is configured to provide pressure in a range of 0.5 105 Pa to 2.5 105 Pa in the pressure-closed cooling line system relative to an ambient pressure (Paragraph 12 and Figure 1, Cold buffer store 24 integrated as a hydraulic switch to control pressure in cooling circuit 20).
However, Concin fails to teach providing an overpressure to the system.
Feldmeier teaches a pasteurization arrangement (Abstract and Figure 1, Pasteurization) where the system provides an overpressure (Paragraph 4, The pressure differential is maintained by pumps and pressure controllers, and by ensuring that any vertical rise in the product flow path is controlled).
Feldmeier teaches that the pressure can be controlled, however, Feldmeier fails to teach the range of pressure used. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the workable ranges, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the workable ranges involves only routine skill in the art and modifying the at range of pressure the pressure-closed cooling line system is between 0.5x105 Pa to 2.5x105 Pa would allow for the plant to be process the liquid efficiently. In re Aller, 105 USPQ 233. MPEP 2144.05-II.
Furthermore, since applicants have not disclosed that these modifications solve any stated problem or are for any particular purpose and it appears that the device would perform equally well with either designs, these modifications are a matter of design choice. Absent a teaching as to criticality that range of pressure the pressure-closed cooling line system is between 0.5x105 Pa to 2.5x105 Pa this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). MPEP 2144.05.
Response to Arguments
Applicant's arguments filed on January 28th, 2026 have been fully considered but they are not persuasive.
Applicants argues, on pages 7-9, that Concin does not teach that the pressure-closed heating line system and pressure-closed cooling line system are directly connected to the condenser and evaporator but instead is connected through a cold buffer store and a heat buffer store.
However this arrangement limitation is not claimed in claim 1 but is taken from the specification. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. (MPEP 2145(VI)). Claim 1 does not state that the heating and cooling line systems are in “direct thermal coupling to the condenser and evaporator.” Therefore, there is no limitation that requires the condenser of the heat pump to be directly assigned to the pressure closed heating line system and the evaporator to be directly assigned to the pressure closed cooling line system.
Applicants argues, on page 9, that Concin one of ordinary skill in the art would not omit the hydraulic switches as they are essential to Concin. However, the examiner has never argued that that the hydraulic switches should be removed.
Applicants argues, on pages 10-11, that the claimed invention heats and cools the processing liquid directly using the condenser and the heat pump while Concin methods is indirect. This difference cause Concin to have longer response time and additional energy loss. However, the applicant argument is not backed by any evidence, and this limitation is not claimed in claim 1 but is taken from the specification. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. (MPEP 2145(VI)). Claim 1 does not require that the invention heats and cools the processing liquid directly using the condenser and the heat pump.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAMZEH HICHAM AMIN whose telephone number is (571)272-4235. The examiner can normally be reached Monday - Friday 7:00 am - 4:00 pm.
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/HAMZEH HICHAM AMIN/Examiner, Art Unit 3761
/JUSTIN C DODSON/Primary Examiner, Art Unit 3761
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