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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Amendment
The Amendment filed on October 2nd, 2025 has been entered. Claims 1-20 remain pending in the application.
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, 2-8, 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), 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 3, Concin teaches the plant is configured to provide an overpressure in a range of 0.5x105 Pa to 2.5x105 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).
Concin teaches that the pressure can be controlled, however, Concin 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 Kuhle, 526 F.2d 553,555,188 USPQ 7, 9 (CCPA 1975). MPEP 2144.05.
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 9, Concin teaches a heat tank is provided in the first bypass (Paragraph 28 and Figure 1, Heating Circuit 31 is connected to Heat Buffer Store 35 through bypass line 36) and a cooling tank is further in the second bypass (Paragraph 27 and Figure 1, Cooling Circuit 20 is connected to Cold Buffer Store 24 through bypass line 26).
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 to provide pressure 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 Kuhle, 526 F.2d 553,555,188 USPQ 7, 9 (CCPA 1975). MPEP 2144.05.
Regrading Claim 19, Concin teaches that the plant is configured to provide pressure 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 Kuhle, 526 F.2d 553,555,188 USPQ 7, 9 (CCPA 1975). MPEP 2144.05.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Concin (US Patent No. 20180325147) in view of Feldmeier (US Patent 20050112257) and further in view of Demoulin (EP Patent 3378330).
Regrading Claim 10, Concin in view of Feldmeier teaches that the first outlet of the condenser leads to a second inlet of the heat tank and a second outlet of the heat tank leads through a fourth pump and a third metering device back to the pressure-closed heating line system (Concin: Figure 1, Condenser 32 is connected, through a series of pipes, to a second inlet of heat tank 16 at its side, and through a second outlet at the bottom of the tank through a pump 38 and flow adjustment device 37 back to Heating Circuit 31); and a first inlet to the cooling tank downstream of a second metering device (Concin: Figure 1, Cooling Tank 15 has an inlet from the side of the tank downstream of a dosing device 17), and wherein the first outlet of the evaporator leads to a second inlet of the cooling tank and a second outlet of the cooling tank leads through a sixth pump and a fourth metering device back to the pressure-closed cooling line system (Concin: Figure 1, First outlet of Evaporator 21 leads to second inlet of Cooling Tank 15 from the bottom and second outlet of Cooling Tank 15 from the bottom leads through a pump and a flow adjustment device 27 back through Cooling Circuit 20).
Concin in view of Feldmeier fails to teach the full arrangement of inlets and outlets of the heating and cooling tank.
Demoulin teaches a plant for the pasteurization of foodstuff (Paragraph 1, Plant) that comprises a first inlet to the heat tank downstream of a first metering device and a first outlet of the heat tank leads to the first inlet of the condenser through a third pump (Figure 1, Heat tank 17 has an inlet that is downstream of one of the metering devices 19 and it has an outlet that leads to condenser 21 through one of the pumps 27) and wherein a first outlet of the cooling tank leads through a pump to the first inlet of the evaporator (Figure 1, Cooling tank 18 has an outlet that leads to evaporator 22 through a pump).
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 have modified Concin in view of Feldmeier to incorporate full arrangement of inlets and outlets of the heating and cooling tank and the pumps as stated in Demoulin. The heating and cooling tanks are used to collect and set or adjust the temperature of the processed liquids (Paragraph 64, Cooling and Heating Tanks).
Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Concin (US Patent No. 20180325147) in view of Demoulin (EP Patent 3378330).
Regrading Claim 13, Concin teaches that a third heat exchanger through which the pressure-closed heating line system at least partially passes, wherein the third heat exchanger is configured to supply heat to the process liquid in the pressure-closed heating line system from a heat tank of the plant (Figure 1 and Paragraph 80-81, Heat exchanger 34 is part of the pressure-closed heating line system and can supply heat to process liquid from Heat Tank 16), and the third heat exchanger is connected by a pipeline to the heat tank and the condenser (Figure 1, Heat exchanger 34 is connected to Heat Tank 16 and to Condenser 32).
Concin fails to teach a fourth heat exchanger included in the pasteurization plant.
Demoulin teaches a plant for the pasteurization of foodstuff (Paragraph 1, Plant) that includes a fourth heat exchanger through which the pressure-closed cooling line system at least partially passes, wherein the fourth heat exchanger is connected by a pipeline to a cooling tank of the plant and to the evaporator, and wherein the fourth heat exchanger is configured to cool the process liquid in the pressure-closed cooling line system (Figure 1-2, A fourth Heat Exchanger 33 is part of cooling circuit 52 and is connected to cooling tanks 18 and evaporator 22. The Fourth Heat Exchanger 33 is used to cooling processing liquid in cooling circuit 52).
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 have modified Concin to incorporate a fourth heat exchanger as stated in Demoulin. The extra heat exchangers allow the plant system to meet the heating and cooling demands for pasteurization (Paragraph 11, Heat Exchangers).
Regrading Claim 14, Concin fails to teach a third and fourth heat exchangers that are upstream of the first and second heat exchangers.
Demoulin teaches a plant for the pasteurization of foodstuff (Paragraph 1, Plant) where the third heat exchanger is disposed upstream of the first heat exchanger and the fourth heat exchanger is disposed upstream of the second heat exchanger (Figure 1, Heat exchanger 23 is upstream of heat exchanger 36 and Heat exchanger 32 is upstream of heat exchanger 33).
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 have modified Concin to incorporate a fourth heat exchanger as stated in Demoulin. The extra heat exchangers allow the plant system to meet the heating and cooling demands for pasteurization (Paragraph 11, Heat Exchangers).
Allowable Subject Matter
Claims 11, 12, 15, and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 11 and 12 disclose a spring valves located between an inlet and a metering device of both the heating and cooling tank. This configuration was not found in any of the prior art referenced the Office action.
Claims 15 and 16 disclose a certain configuration of pipes, heat exchangers, cooling and heating tanks that were not found in any of the prior art referenced in the Office Action.
Response to Arguments
Applicant's arguments filed on October 2nd, 2025 have been fully considered but they are not persuasive.
Applicants argues, on page 11-12, that the inclusion of the tanks in the pasteurization system of Concin means that the heating and cooling line system are not pressure closed and that the prior art, including Feldmeier and Demoulin, doesn’t mention that the system lines are pressure closed. However, Concin does not state that the tanks are open or vented or why theses tanks would mean the system is not pressure closed consider the applicants claimed invention also includes these features. Furthermore, Concin teaches hydraulic switches in both the Cooling and the Heating Circuit (Paragraph 12-13) which are used to monitor and control pressure in the Cooling and the Heating Circuit to ensure that they stay within a range, therefore the broadest reasonable interruption is that the system is in closed pressure and not subjected to outside influence.
Furthermore, the claims do not positively recite a pressure closed heating or cooling line system as part of the plant. It only requires that the plant heat exchanger provides heat via the closed loop systems. It is recommended that the claims be amended to positively recite the closed systems as part of the plant. (MPEP 2115)
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/HAMZEH HICHAM AMIN/Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761
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