DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The Amendment filed February 26, 2026 has been entered. Claims 5, 7, 13 and 20 have been cancelled. Claims 1-4, 6, 8-12, 14-19 and 21 are pending examination.
The previous rejections of claims 1-21 under 35 U.S.C. 112(b) have been withdrawn in light of Applicant’s amendment filed February 26, 2026.
Drawings
The drawings are objected to because they do not contain figure numbers (e.g., Fig. 1) that are legible. The figure numbers should be indicated using a legible font. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 13 is objected to because of the following informalities: In claim 13 insert the term "of" between the words "inlet" and "the" in line 3. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-4, 6, 8-12, 14-19 and 21 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
As amended claim 1 recites (a) "circulating source wort from an outlet of a lauter tank to a first inlet of a heat exchanger; (b) circulating the wort concentrate from the first outlet of the membrane filter to a second inlet of the heat exchanger"; and (c) "circulating the wort concentrate from a second outlet of the heat exchanger to a boiler." While the present disclosure provides support to claim circulating source wort from a lauter tank to a heat exchanger, circulating the wort concentrate from an outlet ("a concentrate outlet) of the membrane filter to a heat exchanger, and circulating the wort concentrate from the heat exchanger to a boiler, the disclosure does not discuss first and second inlet and outlets of the heat exchanger.
As amended claim 2 recites (a) circulating the source wort from a first outlet of the first heat exchanger to the membrane filter includes circulating the source wort from the first outlet of the first heat exchanger to a first inlet of a second heat exchanger . . . from a first outlet of the second heat exchanger to the membrane filter"; and (b) "further comprising circulating process water to a second inlet of the second heat exchanger . . . and circulating the process water from a second outlet of the second heat exchanger into the source wort upstream of the first inlet of the second heat exchanger." While the present disclosure provides support for a first and second heat exchanger, there is no support to claim first and second inlet and outlet of the heat exchangers. Moreover, while there is support to claim circulating the process water from the second heat exchanger to the mash tank, there is not support to claim the process water is circulated to the source wort at any point upstream of the second heat exchanger.
As amended claims 3 recites "further comprising exposing at least a portion of the process water to malt-based solids and transferring sugars from the malt-based solid to the process water prior to said circulating the process water into the source wort." While paragraph [0039] states using water permeate (i.e., process water) to sparge the mal-based solids, there is no support to claim "at least a portion." There is no disclosure to suggest that anything less than all of the process water is used to sparge.
As amended claim 6 recites "wherein said circulating the source wort from a first outlet of the first heat exchanger to the membrane filter includes circulating the source wort from the first outlet of the first heat exchanger to a first inlet of second heat exchanger across the second heat exchanger and from a first outlet of the second heat exchange to the membrane filter, further comprising circulating cooling fluid to a second inlet of the second heat exchanger." While the present disclosure provides support for a first and second heat exchanger, there is no support to claim first and second inlets and outlets of the heat exchangers.
As amended claim 8 recites "circulating from an outlet of the membrane filter to the second inlet of the heat exchanger." While there is support to claim circulating from the outlet of the membrane filter to the heat exchanger" there is no support to claim a second inlet of the heat exchanger.
As amended claim 10 recites (a) "circulating source wort from an outlet of a lauter tank to a first inlet of a heat exchanger; (b) circulating the wort concentrate from a first outlet of the membrane filter to a second inlet of the heat exchanger"; (c) "circulating the water permeated from a first outlet of the membrane filter to a second inlet of the heat exchanger"; and (d) "circulating the wort concentrate from a second outlet of the heat exchanger to a boiler." While the present disclosure provides support to claim circulating source wort from a lauter tank to a heat exchanger, circulating the wort concentrate from an outlet ("a concentrate outlet) of the membrane filter to a heat exchanger, and circulating the wort concentrate from the heat exchanger to a boiler, the disclosure does not discuss first and second inlet and outlets of the heat exchanger. The disclosure does not discuss the first outlet of the membrane filter.
As amended claim 11 recites "further comprising exposing at least a portion of the process water to malt-based solids and transferring sugars from the malt-based solid to the water permeate downstream of a second outlet of the heat exchanger and circulating a least a portion of the water permeate with the sugars transferred from the malt-based solids into the source wort upstream of the membrane filter." While paragraph [0039] states using water permeate (i.e., process water) to sparge the mal-based solids, there is no support to claim "at least a portion." There is no disclosure to suggest that anything less than all of the water permeate is used to sparge. Moreover, there is no disclosure to suggest than anything less than all of the water permeate with the sugars transferred from the malt-based solids is transferred into the source wort upstream of the membrane filter.
As amended claim 12 recites (a) circulating the source wort from a first outlet of the first heat exchanger to the membrane filter includes circulating the source wort from the first outlet of the first heat exchanger to a first inlet of a second heat exchanger . . . from a first outlet of the second heat exchanger to the membrane filter"; and (b) "further comprising circulating cooling fluid to a second inlet of the second heat exchanger" While the present disclosure provides support for a first and second heat exchanger, there is no support to claim first and second inlet and outlet of the heat exchangers.
As amended claim 14 recites "circulating from an outlet of the membrane filter to a second inlet the heat exchanger." There is no disclosure identifying a first vs. second inlet to the heat exchanger.
As amended claim 15 recites (a) "circulating source wort from an outlet of a lauter tank to a first inlet of a heat exchanger", (b) "circulating the source wort from a first outlet of the heat exchanger to a membrane filter"; (c) circulating the process water to a second inlet of the heat exchanger"; and (d) "circulating the wort concentrate from a second outlet of the membrane filter to a boiler." While the present disclosure provides support to claim circulating source wort from a lauter tank to a heat exchanger, circulating the wort concentrate from an outlet ("a concentrate outlet) of the membrane filter to a heat exchanger, and circulating the wort concentrate from the heat exchanger to a boiler, the disclosure does not discuss first and second inlet and outlets of the heat exchanger or a second outlet from the membrane filter. Moreover, there is no disclosure of circulating the wort concentrate directly from the membrane filter to a boiler.
As amended claim 16 recites "further comprising exposing at least a portion of the process water to the malt-based solids and transferring sugars from the malt-based solids to the process water prior to feeding the process water into the source wort." While paragraph [0039] states using water permeate (i.e., process water) to sparge the mal-based solids, there is no support to claim "at least a portion." There is no disclosure to suggest that anything less than all of the water permeate is used to sparge.
As amended claim 17 recites "wherein the process water includes at least some of the water permeate further comprising circulating at least some of the water permeate to the second inlet of the heat exchanger." The disclosure is silent with respect to a second inlet of the heat exchanger. Moreover, there is no discussion of a what proportion, other than 100%, of the water permeate is used in the process water.
As amended claim 18 recites (a) "wherein said circulating the source wort from a first outlet of the first heat exchanger to the membrane filter includes circulating the source wort from the first outlet of the first heat exchanger to a first inlet of a second heat exchanger, across the second heat exchanger, and from a first outlet of the second heat exchanger to the membrane filter" and (b) further comprising circulating cooling flue to a second inlet of the second heat exchanger . . ." There is no disclosure regarding first and second inlet and outlets of the first or second heat exchangers.
As amended claim 19 recites "circulating at least some of the process water into the second inlet of the second heat exchanger." There is no disclosure regarding a second inlet of the second heat exchanger. Moreover, the disclosure is silent with respect to what proportion, other than 100%, of the process water is circulated into the second heat exchanger.
Claims 4, 9 and 21 are rejected as being dependent from a rejected base claim.
Response to Arguments
Applicant’s arguments, see Remarks, filed February 26, 2026, with respect to the rejection of claims 1-5, 7-11, 13-17, 20 and 21 under 35 U.S.C. 103 as being unpatentable over Moffat (WO 99/47636) in view of Pang (CN 1293234) have been fully considered and are persuasive. The rejection has been withdrawn.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Muller-Auffermann et al. (DE 10 2009 040 048 A1-Clarivariate Analytics summary) teach kvass-wort concentrates wherein the kvass-wort discharged from heating is cooled by heat exchanger. Th exhaust heat originating during cooling the concentrates is used for pre-heating the kvass-wort.
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 ELIZABETH A GWARTNEY whose telephone number is (571)270-3874. The examiner can normally be reached M-F: 9 a.m. - 5 p.m. EST.
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ELIZABETH A. GWARTNEY
Primary Examiner
Art Unit 1759
/ELIZABETH GWARTNEY/Primary Examiner, Art Unit 1759
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