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 .
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 and 11 are rejected under 35 U.S.C. 102(a1) as being anticipated by Young et al. (US 20140322414 A1).
Regarding claim 1, Young discloses
A curd drainage apparatus for draining and forming curd (apparatus for molding and chilling cheese, title and fig.1), comprising
multiple, vertically arranged towers (mold tubes 14, fig.1),
a common curd distribution arrangement (hopper 40, fig.1) for distributing a curd and whey mixture into the multiple towers (mold tubes 14),
a drainage section (cheese outlet port 42, fig.1) for draining whey from the curd and whey mixture, the drainage section (cheese outlet port 42) forming a continuous space (cheese outlet port 42) that extends horizontally over each of the multiple towers (mold tubes 14), each of the multiple towers (mold tubes 14) having openings (opening of mold tubes 14) into the space (cheese outlet port 42) formed by the drainage section (cheese outlet port 42) for allowing whey to pass from the multiple towers (mold tubes 14) and into the drainage section (cheese outlet port 42), wherein the continuous space (cheese outlet port 42) is configured to allow whey from the multiple towers (mold tubes 14) to be drained under conditions and to balance deviations in whey-to-curd ratios between the multiple towers (mold tubes 14), and
a base unit (flanges 22, fig.1) arranged beneath the multiple towers (mold tubes 14) to receive drained curd from the multiple towers (mold tubes 14) and place the drained curd in moulds (moulds from mold tubes 14).
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Regarding claim 11, Young discloses
A method for draining and forming curd (method for molding and chilling cheese, tittle), said method comprising
distributing curd and whey mixture into multiple towers (mold tubes 14, fig.1) by using a common distribution arrangement (hopper 40, fig.1) and via a common inlet (cheese inlet port 38, fig.1),
draining whey from the curd and whey mixture in a drainage section (cheese outlet port 42, fig.1), the drainage section (cheese outlet port 42) forming a continuous space (cheese outlet port 42) that extends horizontally over each of the multiple towers (mold tubes 14), each of the multiple towers (mold tubes 14) having openings (opening of mold tubes 14) into the space (cheese outlet port 42) formed by the drainage section (cheese outlet port 42) for allowing the whey to pass from the multiple towers (mold tubes 14) and into the drainage section (cheese outlet port 42), wherein the continuous space (cheese outlet port 42) is configured to allow whey from the multiple towers (mold tubes 14) to be drained under conditions and to balance deviations in whey-to-curd ratios between the multiple towers (mold tubes 14) [plumping system 19, fg.1, can perform the function],
receiving drained curd from the multiple towers (mold tubes 14) by a base unit (flanges 22, fig.1), arranged beneath the multiple towers (mold tubes 14), and
placing the drained curd in moulds (moulds from mold tubes 14).
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 1-3 and 5-11 are rejected under 35 U.S.C. 103 as being unpatentable over Bel (FR 2430721 A1) in view of Young et al. (US 20140322414 A1).
Regarding claim 1, Bel discloses
An curd drainage 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).
However, Bel does not disclose the continuous space is configured to allow whey from the multiple towers to be drained under conditions and to balance deviations in whey-to-curd ratios between the multiple towers.
Young discloses an apparatus for draining and forming curd (apparatus for molding and chilling cheese, fig.1) comprising continuous space (cheese outlet port 42, fig.1) is configured to allow whey from multiple towers (mold tubes 14, fig.1) to be drained under conditions and to balance deviations in whey-to-curd ratios between the multiple towers (mold tubes 14) [plumping system 19, fg.1, can perform the function].
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 the continuous space is configured to allow whey from the multiple towers to be drained under conditions and to balance deviations in whey-to-curd ratios between the multiple towers, as taught by Young, in order to allow whey circulates around multiple towers.
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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).
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 5, Young discloses
a whey circulation unit (plumping system 19, fg.1) connected to the drainage section (opening of mold tubes 14, fig.1) and arranged to circulate whey over the drainage section (opening of mold tubes 14).
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 connected to the drainage section and arranged to circulate whey over the drainage section, to increase the flow of whey and thereby release drained curd in the drainage section, as taught by Young, in order to increase the flow of whey and thereby release drained curd in the drainage section.
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 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 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 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.
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).
However, Bel does not disclose the continuous space is configured to allow whey from the multiple towers to be drained under conditions and to balance deviations in whey-to-curd ratios between the multiple towers.
Young discloses an apparatus for draining and forming curd (apparatus for molding and chilling cheese, fig.1) comprising continuous space (cheese outlet port 42, fig.1) is configured to allow whey from multiple towers (mold tubes 14, fig.1) to be drained under conditions and to balance deviations in whey-to-curd ratios between the multiple towers (mold tubes 14) [plumping system 19, fg.1, can perform the function].
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 the continuous space is configured to allow whey from the multiple towers to be drained under conditions and to balance deviations in whey-to-curd ratios between the multiple towers, as taught by Young, in order to allow whey circulates around multiple towers.
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Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Bel (FR 2430721 A1) in view of Young et al. (US 20140322414 A1) and further 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.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Bel (FR 2430721 A1) in view of Dumm (US 20050103213 A1).
Regarding claim 12, Bel discloses
A curd drainage 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 (tubes 12),
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).
However, Bel does not disclose a whey circulation unit connected to the drainage section and arranged to circulate whey over the drainage section, to increase the flow of whey and thereby release drained curd in the drainage section.
Dumm discloses an apparatus for draining and forming curd (apparatus, fig.5) comprising a whey circulation unit (pump 3, fg.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, connected to the drainage section and arranged to circulate whey over the drainage section, to increase the flow of whey and thereby release drained curd in the drainage section, in order to increase the flow of whey and thereby release drained curd in the drainage section1.
Response to Amendment
With respect to Claim Objection: the amended claim filed on 07/07/2026, that overcame the Claim Objections in the previous Office action.
Applicant's arguments with respect to claims 1-12, filed on 07/07/2026 have been fully considered but they are not persuasive as the following reasons:
In claims 1-11, the applicant’s argument has been fully considered but are moot in view of the new ground(s) of rejection. The newly cited Young reference discloses an apparatus for draining and forming curd (apparatus for molding and chilling cheese, fig.1) comprising continuous space (opening of mold tubes 14, fig.1) is configured to allow whey from multiple towers (mold tubes 14, fig.1) to be drained under conditions and to balance deviations in whey-to-curd ratios between the multiple towers (mold tubes 14) [plumping system 19, fg.1, can perform the function].
In claim 12,
The applicant argued: “…neither Bel nor Dumm discloses or suggests the additional limitation, previously recited in dependent claim 5 and now incorporated into new independent claim 12, requiring "a whey circulation unit connected to the drainage section and arranged to circulate whey over the drainage section, to increase the flow of whey and thereby release drained curd in the drainage section." Dumm is directed to apparatus for pasteurizing or heat treating fluid products and discloses pump 3 as circulating the fluid under treatment within a pasteurization vessel to mix the fluid and provide more even heating during pasteurization…” in Remark, Page 11.
The examiner’s response: the applicant’s argument is not persuasive because: 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). In this case, the secondary Dumm reference is only used to disclose the limitation “a whey circulation unit” (pump 3, fig.5 of Dumm), all the other limitations already disclosed by the primary Bel reference. The Bell and Dumm reference are related the same technical field (food/cooking area) such that it would have been obvious by including a pump 3 of Dumm, right between multiple towers (tube 12, fig.1) of Bell, thus it can perform the function as claimed such as to circulate whey over the drainage section, to increase the flow of whey and thereby release drained curd in the drainage section, as it well known in the art. See the evidence in Young et al. (US 20140322414 A1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Stenne (US 3945310) is considered as a relevant prior art in field of apparatus of production of curds, as shown in fig.1, with a tank, a drainage section, and a base unit, but does not disclose a distribution arrangement and a multiple tank tower…
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 extension fee 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 date of this final action.
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
07/26/2026
1 See the evidence in Young et al. (US 20140322414 A1).
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