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 .
Status of Application
This Official Action is Final.
Any rejections from the previous Official Action not repeated below are withdrawn.
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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over and Chateau Hetsakais, Winery Overview, (December 2021) accessed at https://chateauhetsakais.com/overview-winery (HETSAKAIS) in view of LEMELSON, Our Story, Lemelson Wines, accessed at Our Story - Lemelson Vineyards (LEMELSON) and FR2956143 (SALIN). A translation of FR2956143 is provided with the previous Official Action and relied upon below.
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HETSAKAIS teaches a gravity flow process for making red wine. The facility for making wine has four levels so that one can avoid using pumps. This allows transferring material via gravity from upper levels to lower levels (see Figure on pg. 2). The process relies on gravity to move the product and winches or lifts when required. The rationale is to prevent the rough physical treatment of juice, skins, and seeds inside a pump (pg. 1, The facility).
As to the receiving step, HETSAKAIS teaches receiving harvested grapes at an upper level of a production area. A crusher can be optionally added (see pg. 2, fifth bullet point of first paragraph). Given that it is taught that the crusher is optional and the machine that contains the crusher has wheels (see Figure on pg. 2), it would have been obvious to provide a mobile crush pad so that the crush pad can be added or removed as desired.
The photo and Figure of pg. 2 is as follows:
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As to the processing step, HETSAKAIS shows in the Figure on pg. 2 that the processed grapes can flow from the crash pad to a fermenter on a lower level via gravity.
As to the fermenting step, the processed grapes are fermented in the fermenting tank. The Figure shows that gravity is used to transfer at least a portion of the harvested grapes from the sorting table area to a fermentation vessel located at a lower level of the production area (see pg. 2, Figure, cellar level -1).
The grape material is fermented to obtain a fermented must (i.e., fermentate ) (pg. 2, first full paragraph, 6th bullet point).
As to the draining step, the Figure shows that at least a portion of fermented material can flow from a fermenting tank to a settling tank at a lower level via step (i.e., see material going from fermenting tank on cellar level -1 to cellar level -2 in Figure on pg. 2).
As to the pressing a second portion step AND settling step, HETSAKAIS shows in the Wine Making Process 2020 flow chart on pg. 4 that a first portion of the fermentate from Step #13 Fermentation Phase 2 can flow to Step # 18. Step #14, Press Cap shows that a second fermentate is produced by scooping out the cap (mostly skins floating on top of the must), pressing it, and then pouring the resulting juice back into the fermentation tank and eventually to the settlement tank (see Step #18 Press). Given the material is the cap (i.e., skins and solid residue), it would have been obvious that this portion would have a higher solids content relative to the first portion of retentate.
As to the removing step, the Figure on page 2 shows that the process includes removing the fermentate to a storage tank where red wine can be stored in barrels or bottled to provide a finished red wine (i.e., shown as the mixing tank on cellar level-3).
HETSAKAIS shows that the floor boards can be removed to create a mezzanine. This allows a portion of the upper and lower levels to be seed from a single vantage point. This is shown in the photo on pg. 2.
HETSAKAIS is silent as to using pinot noir grapes.
LEMELSON teaches making wine with pinot noir grape via gravity flow wine making system (see pg. 5, second paragraph). This includes a one-of- a kind mobile sorting/crush platform to assist in efficient, gentle delivery of grapes into fermenters. Standing fourteen feet above the fermentation floor, the mobile sorting/crusher platform can be selectively positioned over stainless steel tanks, allowing for precise sorting of the harvested grapes. In the winery, it is said that innovation combines with centuries-old winemaking knowledge to craft a Pinot noir that is concentrated and elegant Pinot noir wine.
It would have been obvious to one skilled in the art use pinot noir grapes in the gravity flow process of the references above, as LEMELSON teaches that a gravity flow wine making process can be used to produce a Pinot noir that is a concentrated and elegant wine.
The references above do not disclose or suggest using a bridge crane to lift vessels to facilitate gravity flow winemaking.
However, SALIN teaches that a displacement unit (5) i.e. bridge crane, allows vertical displacement of a load, between an upper stage and a lower stage (1) through an opening, and a horizontal displacement of the load at the upper stage. The structure does include rails. This allows one to efficiently move equipment from upper and lower levels, as needed (see abstract and Figure 2). Fig.2 is as follows:
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In the second paragraph on pg. 4, it is taught that bridge cranes find particular application in the wine industry so that one can efficiently move vessels to different levels for the vinification and/or storage of wine.
It would have been obvious to use a bridge crane in a gravity flow winery to move equipment from a lower level to an upper level, as SALIN teaches that the use of a bridge crane allows one to efficiently move equipment from upper and lower levels for the vinification and/or storage of wine (see abstract, Figure 2, and pg. 4, second paragraph).
Claims 2-14, 16-17, 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over and Chateau Hetsakais, Winery Overview, (December 2021) accessed at https://chateauhetsakais.com/overview-winery (HETSAKAIS) in view of FR2956143 (SALIN).
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HETSAKAIS teaches a gravity flow process for making wine. The facility for making wine has four levels so that one can avoid using pumps. Material is transferred via gravity from upper levels to lower levels (see Figure on pg. 2). The process relies on gravity to move the product and winches or lifts when required. The rationale is to prevent the rough physical treatment of juice, skins, and seeds inside a pump (pg. 1, The facility).
As to the receiving step, HETSAKAIS teaches receiving harvested grapes at an upper level of a production area. A crusher can be optionally added (see pg. 2, fifth bullet point of first paragraph). The photo and Figure of pg. 2 is as follows:
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As to the processing step, HETSAKAIS shows in the Figure on pg. 2 that the processed grapes can flow to a fermenter on a lower level via gravity.
As to the fermenting step, the processed grapes are fermented in the fermenting tank. The Figure shows that gravity is used to transfer at least a portion of the harvested grapes from the sorting table area at an upper level to a fermentation vessel located at a lower level of the production area (see pg. 2, Figure, cellar level -1). The grape material is fermented to obtain a fermented must (i.e., fermentate ) (pg. 2, first full paragraph, 6th bullet point).
As to the draining step, the Figure shows that at least a portion of fermented material can flow from a fermenting tank to a settling tank at a lower level via gravity (i.e., see material going from fermenting tank on cellar level -1 to cellar level -2 in Figure on pg. 2).
As to the pressing a second portion step AND settling step, HETSAKAIS shows in the Wine Making Process 2020 flow chart on pg. 4 that a first portion of the fermentate from Step #13 Fermentation Phase 2 can flow to Step # 18. Step #14, Press Cap shows that a second fermentate is produced by scooping out the cap (mostly skins floating on top of the must), pressing it, and then pouring the resulting juice back into the fermentation tank and eventually to the settlement tank (see Step #18 Press).
HETASAKAIS does not disclose or suggest using a bridge crane to lift vessels to facilitate gravity flow winemaking.
SALIN teaches that a displacement unit (5) i.e. bridge crane, allows vertical displacement of a load, between an upper stage and a lower stage (1) through an opening, and a horizontal displacement of the load at the upper stage. This allows one to efficiently move equipment from upper and lower levels, as needed (see abstract and Figure 2). Fig.2 is as follows:
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In the second paragraph on pg. 4, it is taught that bridge cranes find particular application in the wine industry so that one can efficiently move vessels to different levels for the vinification and/or storage of wine.
It would have been obvious to use a bridge crane in a gravity flow winery to move equipment from a lower level to an upper level, as SALIN teaches that the use of a bridge crane allows one to efficiently move equipment from upper and lower levels for the vinification and/or storage of wine (see abstract, Figure 2, and pg. 4, second paragraph).
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HETSAKAIS teaches a gravity flow process for making wine. The facility for making wine has four levels so that one can avoid using pumps. This allows transferring material from an upper level of a building to a lower level of the building in each processing step (see Figure on pg. 2).
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HETASAKAIS does not disclose or suggest having a first upper location, a second upper location, and a third upper location located on an upper level and a first lower location, a second lower location, and located on a lower level.
However, SALIN teaches that a bridge crane can be used to move multiple vessels to upper and locations. In particular, SALIN teaches that a displacement unit (5) i.e. bridge crane, allows vertical displacement of a load (4) i.e. feed hopper, between an upper stage and a lower stage (1) through an opening, and a horizontal displacement of the load at the upper stage. This allows one to move equipment to and from upper and lower levels, as needed (see abstract and Figure 2). Fig.2 is as follows:
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In the second paragraph on pg. 4, it is taught that bridge cranes find particular application in the wine industry so that one can efficiently move vessels to different levels of operation for the vinification and/or storage of wine.
It would have been obvious to have a first upper location, a second upper location, and a third upper location located on an upper level and a first lower location, a second lower location, and located on a lower level, as SALIN teaches that a bridge crane be used to efficiently move equipment to and from upper and lower levels and particularly in the wine industry (see abstract, Figure 2 and pg. 4, second paragraph).
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As to claims 5 and 6, HETSAKAIS shows that the floor boards can be removed to create a mezzanine. This allows a portion of the upper and lower levels to be seed from a single vantage point. This is shown in the photo on pg. 2.
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HETSAKAIS shows in the Figure on pg. 2 that cellar level -3 has a ceiling.
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HETSAKAIS teaches receiving harvested grapes at an upper level of a production area. A crusher can be optionally added (see pg. 2, fifth bullet point of first paragraph). Given that it is taught that the crusher is optional and the machine that contains the crusher has wheels, it would have been obvious to provide a mobile crush pad so that the crush pad can be added or removed as desired from a first upper location.
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HETSAKAIS teaches a gravity flow process for making wine. The facility for making wine has four levels so that one can avoid using pumps. This allows transferring material from an upper level of a building to a lower level of the building in each processing step (see Figure on pg. 2). HETSAKAIS shows that the floor boards can be removed to create a mezzanine. Thus, this allows at least one of the upper locations and at least one of the lower locations to be seen from a single vantage point. This is shown in the photo on pg. 2.
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SALIN teaches that a displacement unit (5) i.e. bridge crane, allows vertical displacement of a load (4) i.e. feed hopper, between an upper stage and a lower stage (1) through an opening, and a horizontal displacement of the load at the upper stage. This allows one to efficiently move equipment from upper and lower levels, as needed (see abstract and Figure 2). Fig.2 shows the use of a single bridge crane as follows:
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In the second paragraph on pg. 4, it is taught that bridge cranes can find particular applications in the wine industry so that one can efficiently move vessels to different levels for the vinification and/or storage of wine.
It would have been obvious to use a single bridge crane in a gravity flow process for making wine, as SALIN teaches that the use of a single bridge crane allows one to efficiently move equipment from upper and lower levels for the vinification and/or storage of wine (see abstract, Figure 2, and pg. 4, second paragraph).
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HETASAKAIS does not disclose or suggest using a bridge crane to lift vessels to facilitate gravity flow winemaking.
However, SALIN teaches that a displacement unit (5) i.e. a bridge crane, allows vertical displacement of a load/vessel, between an upper stage and a lower stage (1) through an opening, and a horizontal displacement of the load at the upper stage. This allows one to efficiently move equipment from upper and lower levels, as needed (see abstract and Figure 2). In the second paragraph on pg. 4, it is taught that bridge cranes find particular application in the wine industry so that one can efficiently move vessels to different levels for the vinification and/or storage of wine.
In Fig. 11, it is shown that more than one crane can be used:
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Thus, SALIN teaches a plurality of bridge cranes, wherein each bridge crane of the plurality of bridge cranes comprises a bridge rail which is parallel to a bridge rail of each other bridge crane of the plurality of bridge cranes. It would have been obvious that the plurality of bridge cranes can operate simultaneously.
It would have been obvious to use a multiple bridge crane in a gravity flow process for making wine, as SALIN teaches that the use of a multiple bridge crane allows one to efficiently move equipment from upper and lower levels for the vinification and/or storage of wine (see abstract, Figure 11,).
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HETSAKAIS teaches a gravity flow process for making red wine. The facility for making wine has four levels so that one can avoid using pumps. This allows transferring material via gravity from upper levels to lower levels (see Figure on pg. 2). The process relies on gravity to move the product and winches or lifts when required. The rationale is to prevent the rough physical treatment of juice, skins, and seeds inside a pump (pg. 1, The facility).
HETSAKAIS shows in the Figure on pg. 2 that cellar level -3 has a ceiling and not exposed to bridge cranes.
HETSAKAIS does not teach the use of bridge cranes.
SALIN teaches that a displacement unit (5) i.e. bridge crane, allows vertical displacement of a load, between an upper stage and a lower stage (1) through an opening, and a horizontal displacement of the load at the upper stage. This allows one to efficiently move equipment from upper and lower levels, as needed (see abstract and Figure 2). Fig.2 is as follows:
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It would have been obvious to use a bridge crane in the references above, as SALIN teaches that the use of a bridge crane allows one to efficiently move equipment from upper and lower levels for the vinification and/or storage of wine (see abstract, Figure 2, and pg. 4, second paragraph). Moreover, it would have been obvious to expose the bridge crane to the locations and levels as needed based on the type of process steps that need to be completed.
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HETSAKAIS teaches a gravity flow process for making red wine. The facility for making wine has four levels so that one can avoid using pumps. This allows transferring material via gravity from upper levels to lower levels. This includes a third lower location in storage area in cellar-3 (see Figure on pg. 2).
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HETSAKAIS teaches a gravity flow process for making red wine, as noted above. On pg.9, lines 1-5, it is taught that red wines such as cabernet sauvignon are produced.
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HETSAKAIS teaches a gravity flow process for making wine. The facility for making wine has four levels so that one can avoid using pumps. Material is transferred via gravity from upper levels to lower levels (see Figure on pg. 2). The process relies on gravity to move the product and winches or lifts when required. The rationale is to prevent the rough physical treatment of juice, skins, and seeds inside a pump (pg. 1, The facility).
As to the receiving step, HETSAKAIS teaches receiving harvested grapes at an upper level of a production area. A crusher can be optionally added (see pg. 2, fifth bullet point of first paragraph). The photo and Figure of pg. 2 is as follows:
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As to the processing step, HETSAKAIS shows in the Figure on pg. 2 that the processed grapes can flow to a fermenter on a lower level via gravity.
As to the fermenting step, the processed grapes are fermented in the fermenting tank. The Figure shows that gravity is used to transfer at least a portion of the harvested grapes from the sorting table area at an upper level to a fermentation vessel located at a lower level of the production area (see pg. 2, Figure, cellar level -1). The grape material is fermented to obtain a fermented must (i.e., fermentate ) (pg. 2, first full paragraph, 6th bullet point).
As to the draining step, the Figure shows that at least a portion of fermented material can flow from a fermenting tank to a settling tank at a lower level via gravity (i.e., see material going from fermenting tank on cellar level -1 to cellar level -2 in Figure on pg. 2).
As to the pressing a second portion step AND settling step, HETSAKAIS shows in the Wine Making Process 2020 flow chart on pg. 4 that a first portion of the fermentate from Step #13 Fermentation Phase 2 can flow to Step # 18. Step #14, Press Cap shows that a second fermentate is produced by scooping out the cap (mostly skins floating on top of the must), pressing it, and then pouring the resulting juice back into the fermentation tank and eventually to the settlement tank (see Step #18 Press).
HETASAKAIS does not disclose or suggest using a bridge crane to lift vessels to facilitate gravity flow winemaking.
SALIN teaches that a displacement unit (5) i.e. bridge crane, allows vertical displacement of a load, between an upper stage and a lower stage (1) through an opening, and a horizontal displacement of the load at the upper stage. This allows one to efficiently move equipment from upper and lower levels, as needed (see abstract and Figure 2). Fig.2 is as follows:
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In the second paragraph on pg. 4, it is taught that bridge cranes find particular application in the wine industry so that one can efficiently move vessels to different levels for the vinification and/or storage of wine.
It would have been obvious to use a bridge crane in a gravity flow winery to move equipment from a lower level to an upper level, as SALIN teaches that the use of a bridge crane allows one to efficiently move equipment from upper and lower levels for the vinification and/or storage of wine (see abstract, Figure 2, and pg. 4, second paragraph).
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HETSAKAIS shows that the floor boards can be removed to create a mezzanine. This allows a portion of the upper and lower levels to be seed from a single vantage point. This is shown in the photo on pg. 2. Thus, at least one side of the upper level is not enclosed by a wall, such that the upper level is exposed to a space above the lower level.
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HETSAKAIS shows that the floor boards can be removed to create a mezzanine. This allows a portion of the upper and lower levels to be seed from a single vantage point. This is shown in the photo on pg. 2. Thus, at least one side of the upper level is not enclosed by a wall, such that the upper level is exposed to a space above the lower level.
HETASAKAIS does not disclose or suggest using a bridge crane to lift vessels to facilitate gravity flow winemaking.
SALIN teaches that a displacement unit (5) i.e. bridge crane, allows vertical displacement of a load (4) i.e. feed hopper, between an upper stage and a lower stage (1) through an opening, and a horizontal displacement of the load at the upper stage. This allows one to efficiently move equipment from upper and lower levels, as needed (see abstract and Figure 2). Fig.2 is as follows:
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In the second paragraph on pg. 4, it is taught that bridge cranes find particular application in the wine industry so that one can efficiently move vessels to different levels for the vinification and/or storage of wine.
It would have been obvious to use a bridge crane in a gravity flow winery in the references above, as SALIN teaches that the use of a bridge crane allows one to efficiently move equipment from upper and lower levels for the vinification and/or storage of wine (see abstract, Figure 2, and pg. 4, second paragraph). Moreover, it would have been obvious to expose the bridge crane to the locations and levels as needed based on the type of process steps that need to be completed.
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The Figure on pg. 2 of HETSAKAIS shows that fermented material can flow from a fermenting tank to a settling tank at a lower level (i.e., see material going from fermenting tank on cellar level -1 below to cellar level -2 in the Figure on pg. 2). A bridge crane is not shown.
Claim(s) 15 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over HETSAKAIS and SALIN as applied to claims 2 and 16 above, and further in view of LEMELSON.
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The references above are silent as to using pinot noir grapes.
LEMELSON teaches making wine with pinot noir grape via gravity flow wine making system (see pg. 5, second paragraph). In the winery, it is said that innovation combines with centuries-old winemaking knowledge to craft a Pinot noir that is a concentrated and elegant wine.
It would have been obvious to one skilled in the art to use Pinot noir grapes in the gravity flow process of the references above, as LEMELSON teaches that a gravity flow wine making process can be used to produce a Pinot noir that is a concentrated and elegant wine.
The references are also silent as to the structure being a bermed structure.
LEMELSON teaches a structure where the barrel rooms are at least partially subterranean (see Figure on pg. 3). The Figure is as follows:
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The facility features multiple levels to accommodate gentle, gravity-flow processes, which help preserve the unique flavor profiles produced in the vineyards. LEMELSON teaches that this provides a temperature controlled concrete cave located in the basement of the winery that facilitates aging (pg. 5 and Figure on pg. 3).
Thus, it would have been obvious to use a bermed structure in the references above to provide a temperature controlled area for the storage and aging of wine.
Response to Arguments
Applicant's arguments filed 11/4/2025 have been fully considered but they are not persuasive.
The applicant argues that the previous Office Action contends that Hetsakais teaches a facility for making wine that has four levels to "allow transferring material via gravity from upper levels to lower levels." Office Action, at 5 but that claim 1 is not directed to four levels. Rather, claim 1 recites an upper level and a lower level among which material is transferred. It is also argued that neither Lemelson nor Salin have been shown to teach repeated use of a bridge crane to transfer materials, nor would this modification be obvious absent a clear motivation (e.g., reducing square footage utilization; see 1 [0038] of Applicant's specification). It is argued that Lemelson is relegated to teaching making wine with pinot noir grapes and Salin is limited in terms of vertical displacement and does not teach repeated use of a bridge crane to transfer materials.
However, Salin does teach the use of a bridge crane, as noted above. In the second paragraph on pg. 4, it is even taught that bridge cranes find particular application in the wine industry so that one can efficiently move vessels to different levels for the vinification and/or storage of wine. It would have been obvious to use a bridge crane in the process of Hetsakais to improve the efficiency of the process. It would require substantially less space than outlined by Hetsakais.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
As to claims 2 and 16, the rejection of Hetsakais, Lemelson and Salin are proper for the reasons noted above.
As to claims 3-15 and 17-20, it is noted that Fig. 11 shows that multiple leaves 611 can be configured indicating the possibility of additional cranes.
As to claim 19, it remains obvious that a bridge crane would be able to move materials from one level to another. SALIN teaches that the use of a bridge crane (i.e., which would require some passage for movement) allows one to efficiently move equipment from upper and lower levels for the vinification and/or storage of wine (see abstract, Figure 2, and pg. 4, second paragraph). Moreover, it would have been obvious to expose the bridge crane to the locations and levels as needed based on the type of process steps that need to be completed.
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 PHILIP A DUBOIS whose telephone number is (571)272-6107. The examiner can normally be reached M-F, 9:30-6:00p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nikki Dees can be reached at 571-270-3435. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHILIP A DUBOIS/Examiner, Art Unit 1791
/Nikki H. Dees/Supervisory Patent Examiner, Art Unit 1791
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