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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/21/2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 1-10 are objected to because of the following informalities:
In claims 1-2 and 4-10: the limitation “apparatus” as cited in line 1, should be changed to -curd drainage apparatus—for consistency through all the claims.
Appropriate correction is required.
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.
Claims 1-3, 6, 8-9, and 11 are rejected under 35 U.S.C. 102(a1) as being anticipated by Bel (FR 2430721 A1).
Regarding claim 1, Bel discloses
An apparatus (apparatus, tittle, fig.3) for draining and forming curd, comprising
multiple, vertically arranged towers (tubes 12, fig.3),
a common curd distribution arrangement (hopper 10, agitator 11, fig.3) for distributing a curd and whey mixture into the multiple towers,
a drainage section (upper part 18, fig.3) for draining whey from the curd and whey mixture, the drainage section (upper part 18) forming a continuous space that extends horizontally over each of the multiple towers (tubes 12), each of the multiple towers (tubes 12) having openings (perforations 12a, fig.3) into the space formed by the drainage section (upper part 18) for allowing whey to pass from the multiple towers (tubes 12) and into the drainage section (upper part 18), and
a base unit (cutting station B, fig.3) arranged beneath the multiple towers (tubes 12) to receive drained curd from the multiple towers (tubes 12) and place the drained curd in moulds (mold 34, fig.3).
Regarding claim 2, Bel discloses
the drainage section (upper part 18, fig.3) is a first drainage section, the curd drainage apparatus (apparatus, tittle, fig.3) comprising a second drainage section (lower part 19, fig.3) that is arranged vertically below the first drainage section (upper part 18) for draining whey from the curd and whey mixture, the second drainage section (lower part 19) forming a continuous space that extends horizontally over each of the multiple towers (tubes 12, fig.3), each of the multiple towers (tubes 12) having openings (perforations 12a, fig.3) into the space formed by the second drainage section (lower part 19) for allowing whey to pass from the multiple towers (tubes 12) and into the second drainage section (lower part 19).
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Regarding claim 3, Bel discloses
a whey extraction pipe arrangement (tubing 20, 21, fig.3) connected to each of the first (upper part 18, fig.3) and second (lower part 19, fig.3) drainage sections.
Regarding claim 6, Bel discloses
the curd and whey mixture distribution arrangement (hopper 10, agitator 11, fig.3) is an agitating device (agitator 11, fig.3) arranged vertically above the multiple towers (tubes 12, fig.3) to distribute the curd and whey mixture into each of the multiple towers (tubes 12).
Regarding claim 8, Bel discloses
the draining section (upper part 18, fig.3) comprises a cleaning-in-place nozzle (rings 5, fig.3).
Regarding claim 9, Bel discloses
the base unit (cutting station B, fig.3) comprises vertically movable dosing devices (bottom end of tubes 12, fig.3) arranged underneath each of the multiple towers (tubes 12, fig.3) for receiving the drained curd, and a cutting unit (plate 24, 26, fig.3) for cutting the drained curd received by the dosing devices (bottom end of tubes 12) into blocks, wherein the dosing devices (bottom end of tubes 12) are configured to individually control the amount of curd that is received and cut from the respective tower (tubes 12, fig.3).
Regarding claim 11, Bel discloses
A method (method, tittle, fig.3) for draining and forming curd, said method comprising
distributing curd and whey mixture into multiple towers (tubes 12, fig.3) by using a common distribution arrangement (hopper 10, agitator 11, fig.3) and via a common inlet (hopper 10, fig.3),
draining whey from the curd and whey mixture in a drainage section (upper part 18, lower part 19, fig.3), the drainage section forming a continuous space that extends horizontally over each of the multiple towers (tubes 12), each of the multiple towers (tubes 12) having openings (perforations 12a, fig.3) into the space formed by the drainage section (upper part 18, lower part 19) for allowing the whey to pass from the multiple towers (tubes 12)and into the drainage section (upper part 18, lower part 19),
receiving drained curd from the multiple towers (tubes 12) by a base unit (cutting station B, fig.3), arranged beneath the multiple towers (tubes 12), and
placing the drained curd in moulds (mold 34, fig.3).
Claim Rejections - 35 USC § 103
The following is a quotation of AIA 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under AIA 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.
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Bel (FR 2430721 A1) in view of Dumm (US 20050103213 A1).
Regarding claim 4, Bel discloses substantially all the features as set forth in claim 1 above, but does not disclose a control valve arranged to regulate a flow of whey leaving the drainage section, and a control unit arranged to regulate the control valve based on a difference between the pressure of the whey in drainage section and the pressure of the curd and whey mixture inside at least one of the towers at the location of the tower where the drainage section surrounds the tower
Dumm discloses a control valve (valve 21, fig.5) and a control unit (controller 24, fig.5) arranged to regulate the control valve (valve 21).
It would have been obvious to one of ordinary skill in the art at before the effective filling date of the invention to modify an apparatus of Bel, by including a control valve, and a control unit arranged to regulate the control valve, as taught by Dumm, in order to regulate a flow of whey leaving the drainage section.
Such that the modification of Bel and Dumm, is capable to perform the function the control unit regulates the control valve based on a difference between the pressure of the whey in drainage section and the pressure of the curd and whey mixture inside at least one of the towers at the location of the tower where the drainage section surrounds the tower.
Regarding claim 5, Bel discloses substantially all the features as set forth in claim 1 above, but does not disclose a whey circulation unit (pump 3, fig.5) connected to the drainage section.
Dumm discloses a whey circulation unit (pump 3, fig.5).
It would have been obvious to one of ordinary skill in the art at before the effective filling date of the invention to modify an apparatus of Bel, by including a whey circulation unit, as taught by Dumm, in order to circulate whey over the drainage section, to increase the flow of whey and thereby release drained curd in the drainage section.
Claims 7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Bel (FR 2430721 A1).
Regarding claim 7, Bel discloses substantially all the features as set forth in claim 1 above, such as a volume of the drainage section (upper part 18, fig.3), including the total volume of the parts of the towers (tubes 12, fig.3) passing through the drainage section (upper part 18), but does not disclose it is less than 40% larger than said total volume of said parts of the towers.
It would have been obvious to one of ordinary skill in the art at before the effective filling date of the invention to modify an apparatus of Bel, with a volume of the drainage section, including the total volume of the parts of the towers passing through the drainage section, is less than 40% larger than said total volume of said parts of the towers, as it well known in the art of manufacturing design choice purpose, in order to improve the productivity.
Regarding claim 10, Bel discloses substantially all the features as set forth in claim 1 above, but does not disclose a distance between two consecutively placed towers of the multiple towers is less than 0.3 m.
It would have been obvious to one of ordinary skill in the art at before the effective filling date of the invention to modify an apparatus of Bel, with a distance between two consecutively placed towers of the multiple towers is less than 0.3 m, as it well known in the art of manufacturing design choice purpose, in order suitable for the user application.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONG T NGUYEN whose telephone number is (571)270-1834. The examiner can normally be reached 9.00am-5.00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached on 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHUONG T NGUYEN/Primary Examiner, Art Unit 3761
03/08/2026