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 .
Response to Amendment
Claims 1-19 are pending. Claims 7-18 remain withdrawn. Claim 19 is new.
In view of the amendment, filed 07/31/2025, the following objections and rejections are withdrawn from the previous Office Action mailed 01/31/2025:
Claim objections
Claim rejections under 35 U.S.C. 112(b)
Claim rejections under 35 U.S.C. 103. New grounds of rejection are made in response to claim amendments.
Claim Objections
Claim(s) 1 is/are objected to because of the following informalities: amended claim 1, in the last line, should read “of the plunger.” Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 5 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites the limitation "a gelatin mass output" in line 3. The claim is unclear as to whether the limitation intends to refer to “the gelatin mass outlet” defined in claim 1 or a different “output.” The examiner previously mentioned interpretation as “the gelatin mass outlet,” and the claim has been amended to recite “a gelatin mass output” instead; however, the application does not appear to include multiple outlets/outputs for the gelatin mass. For further examination, the limitation will be interpreted to refer to “the gelatin mass outlet.”
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim(s) 4 is/are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Amended claim 4 recites only that “the gelatin mass outlet is located at a bottom center of the gelatin tank,” whereas amended claim 1 already includes the limitation “a gelatin mass outlet located at a bottom center of the gelatin tank” in lines 14-15.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-6 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ishikawa et al., US 6238616 B1 (of record), in view of Thibodeau et al., US 20140144947 A1.
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Regarding claim 1, Ishikawa discloses a gelatin mass delivery system (see Fig. 1 above) for soft gelatin capsule manufacturing (col. 1, lines 7-11), comprising:
A gelatin tank assembly configured to contain a gelatin mass (see gelatin tank 5 and associated components, Fig. 1; col. 4, lines 15-31);
A spreader box assembly (see spreader box 10, Fig. 1);
A gelatin transfer tube (see hose 6, Fig. 1) coupled to the gelatin tank assembly and the spreader box assembly (Fig. 1), configured to transfer the gelatin mass from the gelatin tank assembly to the spreader box assembly (gelatin is supplied from gelatin tank 5 to spreader box 10 via feed hose 6, col. 4, lines 25-31); and
A cooling drum (cooling drum 30, Figs. 2-3; col. 5, lines 16-18);
Wherein the spreader box assembly has a chamber for containing the gelatin mass (Fig. 4 shows main body 11 of spreader box 10 filled with gelatin, col. 4, lines 32-42) with an opening slot (slit-like discharge hole 16, Fig. 4; col. 4, lines 45-48) at a bottom of the chamber (at the lower end of the main body of the spreader box, Fig. 4; col. 4, lines 45-48) configured to spread the gelatin mass over the cooling drum (from which gelatin is discharged to cooling drum, Figs. 3-4; col. 4, lines 45-48) to form a gelatin ribbon (forming gelatin sheet S, Figs. 3-4);
Wherein the gelatin tank assembly includes a gelatin tank (tank 5, Fig. 1), having a bottom surface with a gelatin mass outlet (outlet from lower end of tank 5, Fig. 1) located near a bottom center of the gelatin tank (Fig. 1).
Ishikawa is silent as to the bottom surface of the gelatin tank being flat and the gelatin mass outlet being located at a bottom center of the tank. Ishikawa does not disclose the gelatin tank has a pressured air inlet configured to introduce pressurized air into the gelatin tank, the gelatin tank being otherwise air-tight, and a plunger disposed inside the gelatin tank, having a flat lower surface configured to contact the gelatin mass in the tank, wherein the plunger exposes the gelatin mass to the pressurized air only along a rim of the plunger.
In the analogous art, Thibodeau discloses a material transfer system for viscous fluids (Abstract) comprising an assembly including a material tank (vessel 20, [0035]-[0036], Fig. 1) having a pressured air inlet configured to introduce pressurized air into the tank (fitting 38 for introducing pressurized gas such as air into the vessel, [0037], Fig. 1), the tank being otherwise air-tight (being a pressure vessel 20, [0036], configured to contain pressurized fluid except when valves are opened, [0037]), and having a bottom surface (false bottom portion 50 with arrestor surface 73, [0039], Fig. 1), and a plunger disposed inside the tank (force transfer device 60, [0035]-[0036], Fig. 1) having a lower surface (lower portion/thruster 71, [0036], Fig. 1) configured to contact the material in the tank ([0041], Fig. 1), wherein the plunger exposes the material to the pressurized air only along a rim of the plunger (the outer diameter of the tangential member 69 of the force transfer device 60 is less than the internal diameter of the vessel, [0044], Fig. 1, such that pressurized air can contact the material along an outer rim of the force transfer device 60, Fig. 1), and the material outlet is located at a bottom center of the tank (outlet 55 to material manifold 45, Fig. 1). Thibodeau teaches the material transfer system is useful for contamination-free dispensing of fluids from a vessel that can be emptied and refilled repeatedly and particularly for thick, viscous fluids that may resist flowing without the need for a separate pump ([0002], [0008]-[0009], [0035]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the gelatin tank assembly of Ishikawa as shown by Thibodeau such that the gelatin tank included a pressured air inlet configured to introduce pressurized air into the gelatin tank, the gelatin tank being otherwise air-tight, and a plunger disposed inside the gelatin tank and having a lower surface configured to contact the gelatin mass in the tank, wherein the plunger exposes the gelatin mass to the pressurized air only along a rim of the plunger, the gelatin mass outlet being located at a bottom center of the tank, in order to provide an efficient, contamination-free, refillable dispensing configuration for the gelatin discharging, as taught by Thibodeau.
Thibodeau as applied depicts a conical false bottom surface of the tank and matching lower surface of the plunger (Fig. 1, [0039]), such that the combination does not specifically disclose these surfaces are “flat,” in line with the description of “flat” in the present application (filed specification, [0047]).
Thibodeau further discloses that the thruster 71 (lower portion) of the force transfer device 60 can have a defining angle 215 of 180 degrees ([0090], Fig. 11), i.e., a flat surface, and the arrestor surface 73 (surface of false bottom inside the tank) should be configured to match or conform to the shape of the thruster 71 ([0039], Fig. 1). Accordingly, Thibodeau further teaches both of these surfaces being flat.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further specify the lower surface of the plunger and the corresponding bottom surface of the tank were flat since a change in shape is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration was significant. MPEP 2144.04(IV)(B). In this case, the specification indicates that any shape can be selected for the lower surfaces of the plunger and tank (filed specification, [0047]).
Regarding claim 2, modified Ishikawa discloses the gelatin mass delivery system of claim 1, and the combination further discloses the plunger has a shape in a top view that fits an interior shape of the gelatin tank (see Thibodeau Fig. 1, the force transfer device 60 fits within the vessel 20, and the outer wall of the tangential member 69 of the force transfer device 60 is configured to be substantially parallel to the sidewall 24 of the vessel 20, [0042]).
Regarding claim 3, modified Ishikawa discloses the gelatin mass delivery system of claim 1, and the combination further discloses the lower surface of the plunger has a shape in a side cross-sectional view that matches a shape of the bottom of the gelatin tank (see claim 1 and Thibodeau, [0039], the arrestor 73 defining the bottom portion 50 of the vessel being configured to match (conform to) the shape of the thruster 71 of the force transfer device).
Regarding claim 4, modified Ishikawa discloses the gelatin mass delivery system of claim 1, and the combination further discloses the gelatin mass outlet is located at a bottom center of the gelatin tank (see claim 1 and Thibodeau, Fig. 1).
Regarding claim 5, modified Ishikawa discloses the gelatin mass delivery system of claim 1. Ishikawa is silent as to the gelatin tank assembly further including a tube insert, wherein one end of the tube insert is coupled to a gelatin mass output [the gelatin mass outlet] of the gelatin tank, and another end of the tube insert is coupled to the gelatin transfer tube.
Thibodeau further discloses the tank assembly including a tube insert having one end coupled to the outlet of the tank and another end coupled to the supply hose (see tube-shaped connection between tank outlet 144 and discharge mechanism 148 for coupling to hoses/pipes for emptying the container, Fig. 9, [0055]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the gelatin tank assembly of Ishikawa to include a tube insert, wherein one end of the tube insert is coupled to [the gelatin mass outlet] of the gelatin tank, and another end of the tube insert is coupled to the gelatin transfer tube, in order to provide a fluid coupling between the tank and the supply tube enabling a change of direction and/or providing additional length as necessary between the tank outlet and the supply tube, as shown by Thibodeau.
Regarding claim 6, modified Ishikawa discloses the gelatin mass delivery system of claim 1, and Ishikawa further discloses a gelatin mass flow control device coupled to the gelatin transfer tube and configured to control a flow rate of the gelatin mass in the gelatin transfer tube (Ishikawa, valve 7, Fig. 1).
Regarding claim 19, Ishikawa discloses a gelatin mass delivery system (see annotated Fig. 1 above) for soft gelatin capsule manufacturing (col. 1, lines 7-11), comprising:
A gelatin tank assembly configured to contain a gelatin mass (see gelatin tank 5 and associated components, Fig. 1; col. 4, lines 15-31);
A spreader box assembly (see spreader box 10, Fig. 1);
A gelatin transfer tube (see hose 6, Fig. 1) coupled to the gelatin tank assembly and the spreader box assembly (Fig. 1), configured to transfer the gelatin mass from the gelatin tank assembly to the spreader box assembly (gelatin is supplied from gelatin tank 5 to spreader box 10 via feed hose 6, col. 4, lines 25-31); and
A cooling drum (cooling drum 30, Figs. 2-3; col. 5, lines 16-18);
Wherein the spreader box assembly has a chamber for containing the gelatin mass (Fig. 4 shows main body 11 of spreader box 10 filled with gelatin, col. 4, lines 32-42) with an opening slot (slit-like discharge hole 16, Fig. 4; col. 4, lines 45-48) at a bottom of the chamber (at the lower end of the main body of the spreader box, Fig. 4; col. 4, lines 45-48) configured to spread the gelatin mass over the cooling drum (from which gelatin is discharged to cooling drum, Figs. 3-4; col. 4, lines 45-48) to form a gelatin ribbon (forming gelatin sheet S, Figs. 3-4);
Wherein the gelatin tank assembly includes a gelatin tank (tank 5, Fig. 1), having a gelatin mass outlet (outlet from tank 5, Fig. 1) located at a bottom of the gelatin tank (Fig. 1).
Ishikawa does not disclose the gelatin tank has a pressured air inlet configured to introduce pressurized air into the gelatin tank, the gelatin tank being otherwise air-tight, a plunger disposed inside the gelatin tank, and a plastic sheet disposed between a top of the gelatin mass and a bottom of the plunger, wherein a lower surface of the plunger is configured to contact the plastic sheet and to apply pressure to the gelatin mass in the tank via the plastic sheet.
In the analogous art, Thibodeau discloses a material transfer system for viscous fluids (Abstract) comprising an assembly including a material tank (vessel 20, [0035]-[0036], Fig. 1) having a pressured air inlet configured to introduce pressurized air into the tank (fitting 38 for introducing pressurized gas such as air into the vessel, [0037], Fig. 1), the tank being otherwise air-tight (being a pressure vessel 20, [0036], configured to contain pressurized fluid except when valves are opened, [0037]), and a plunger disposed inside the tank (force transfer device 60, [0035]-[0036], Fig. 1). Thibodeau teaches the material transfer system is useful for contamination-free dispensing of fluids from a vessel that can be emptied and refilled repeatedly and particularly for thick, viscous fluids that may resist flowing without the need for a separate pump ([0002], [0008]-[0009], [0035]). Thibodeau further teaches providing a plastic sheet (boundary layer reducing material 701, Fig. 19, [0101], that is a nylon sheet, [0105]) disposed between a top of the tank contents and a bottom of the plunger (between thruster/lower portion 71 of force transfer device 60 and adjacent material 42, Fig. 19), wherein a lower surface of the plunger is configured to contact the plastic sheet and to apply pressure to the gelatin mass in the tank via the plastic sheet (Fig. 19), which reduces the boundary layer on the wetted surface between the fluid and the force transfer device and thereby improves the performance capability by improving the overall efficiency and decreasing the energy required to move the fluid out of the system ([0101], [0105]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the gelatin tank assembly of Ishikawa such that the gelatin tank included a pressured air inlet configured to introduce pressurized air into the gelatin tank, the gelatin tank being otherwise air-tight, a plunger disposed inside the gelatin tank, and a plastic sheet disposed between a top of the gelatin mass and a bottom of the plunger, wherein a lower surface of the plunger is configured to contact the plastic sheet and to apply pressure to the gelatin mass in the tank via the plastic sheet, in order to provide an efficient, contamination-free, refillable dispensing configuration for the gelatin discharging and to decrease the energy required for the dispensing, as taught by Thibodeau.
Response to Arguments
Applicant’s arguments, see p. 2, filed 07/31/2025, with respect to the rejection(s) of claim(s) 1 under 35 U.S.C. 103, together with the claim amendments, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, in response to claim amendments, upon further consideration, a new ground(s) of rejection is made in view of Thibodeau as set forth above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 3305143 A, Frankenberg discloses a dispensing assembly (Figs. 4-5) including a container 61 and a plunger 137, wherein a plastic sheet is disposed at the interface between the container contents and the contacting surface of the plunger (plastic liner 64, col. 5, lines 9-12), the plastic liner preventing the container contents from spoiling and providing for optimum expulsion of the contents from the container (col. 5, lines 19-23).
US 2125259 A, Bagley discloses a dispensing assembly including a plunger (plate 41) and a plastic sheet (rubber packing disc 14) disposed below its bottom surface (Figs. 1-2).
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 JENNIFER L GROUX whose telephone number is (571)272-7938. The examiner can normally be reached Monday - Friday: 9am - 5pm ET.
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/J.L.G./Examiner, Art Unit 1754
/SUSAN D LEONG/ Supervisory Patent Examiner, Art Unit 1754