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 § 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.
Claims 1-4, 6-14, 22 are rejected under 35 U.S.C. 103 as being unpatentable over Japanese reference(JP2000-185796A) taken together with Japanese reference(JPH0632958U) in view of Sugden(2018424).
Japanese reference in figure 3 teaches a beverage container filling device for filling a beverage container(container 24) with a fluid, the device comprising: a support housing(support housing 40) having an upper surface and a lower surface defining an inner fluid chamber(46) for supplying the fluid to be discharged into the container; a valve housing(valve housing 48) mounted to the lower surface for controlling the discharge of the fluid; a vent tube(vent tube 54) having a first end and a second end, the second end at least partially extending through the valve housing; a support tube(support tube 60) mounted between the upper surface and the lower surface of the support housing and substantially surrounding the vent tube; a spring(unnumbered but shown in figure 3) positioned about the first end of the vent tube; and a fluid sealing mechanism(fluid sealing mechanism 62) positioned adjacent to the upper surface and operating with the spring to control fluid flow of the fluid into the beverage container. Japanese reference(JP2000-185796A) is silent as to the spring having a spring strength optimized for laminar flow of the fluid from the inner chamber to the container.
Japanese reference(JPH0632958U) in figures 1 and 2 teaches a container filling device for filling a liquid container(sink 13), the device including a support housing, a valve structure(valve body 46) for controlling discharge of liquid, and a spring (32) connected with the valve body 46, wherein the spring includes a spring strength optimized for laminar flow of the liquid from an inner chamber of the support housing to the sink( Examiner noting para 0015 of Japanese reference(JPH0632958U) stating “the strength of the spring 32 is designed so that the valve element 46 opens when the differential pressure between the upstream and downstream sides of the differential pressure actuated valve 33 reaches a pressure corresponding to the minimum operating flow rate of the device(heat exchanger) or higher.”. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention , requiring a laminar flow of fluid from the inner fluid chamber of Japanese reference(JP2000-185796A) to the container, to provide the spring of Japanese reference(JP2000-185796A) with a corresponding spring strength that provides for controlled laminar flow of fluid from the inner fluid chamber(46), to the valve housing(48), and to a downstream container(24). Examiner notes Japanese reference(JPH0632958U) disclose a spring-based valve for controlling fluid flow. Because the device is designed to operate with controlled filling flow, the spring necessarily has a strength selected to permit proper laminar fluid flow. In the absence of further quantification(noting the current specification does not provide a working example that quantifies laminar flow as a function of spring strength) that serves to better distinguish from the prior art, the prior art spring strength being “optimized for laminar flow” is found to be inherently present as the spring is, by nature of the prior art invention, tailored to permit flow.
Japanese reference(JP2000-185796A) taken together with Japanese reference(JPH0632958U) is silent as to further silent as to comprising a snift pipe in direct communication with a headspace of the beverage container and a snift valve coupled to the snift pipe, the snift pipe configured to release gas from a headspace of the beverage container. Sugden in figure 3 teaches a beverage container filling device for filling a container(bottle 40), wherein the beverage container filling device includes a snift pipe(34) in direct fluid communication with a headspace of the beverage container and a snift valve(35) coupled to the snift pipe(coupling shown in figure 3) configured to release gas from a headspace of the beverage container(column 4 lines 44-49). It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to provide the beverage container filling device of Japanese reference(JP2000-185796A) taken together with Japanese reference(JPH0632958U) with a snift pipe and a snift valve, in order to provide a mechanism for enabling surplus gas to escape from a headspace of the container of Japanese reference(JP2000-185796A).
With regards to claim 2 , Japanese reference(JP2000-185796A) taken together with Japanese reference(JPH0632958U) in view of Sugden(2018424) further teaches wherein the support tube encapsulates a central portion of the vent tube and does not surround a first end and a second end of the vent tube(stated in translation).
With regards to claim 3 , Japanese reference(JP2000-185796A) taken together with Japanese reference(JPH0632958U) in view of Sugden(2018424)further teaches an umbellate ring (53 in figure 3) surrounding the vent tube and positioned adjacent the second end of the vent tube.
With regards to claim 4 , Japanese reference(JP2000-185796A) taken together with Japanese reference(JPH0632958U) in view of Sugden(2018424) further teaches wherein the vent tube is configured to move along a predetermined stroke between a filling position and a non-use position(stated in translation of Japanese reference(JP2000-185796A)).
With regards to claim 6 , Japanese reference(JP2000-185796A) taken together with Japanese reference(JPH0632958U) in view of Sugden(2018424) further teaches wherein when the vent tube is at the filling position, the umbellate ring is centered in an X direction and in a Y direction with respect to the beverage container.
With regards to claim 7 , Japanese reference(JP2000-185796A) taken together with Japanese reference(JPH0632958U) in view of Sugden(2018424) further teaches wherein a pressure of the inner fluid chamber is approximately 5 bar during operation of the filling device(examiner notes the inner fluid chamber is provided in JP reference, and a filing operation provides for a functional use of the claimed inner fluid chamber).
With regards to claim 8 , Japanese reference(JP2000-185796A) taken together with Japanese reference(JPH0632958U) in view of Sugden(2018424) further teaches wherein a pressure of the inner fluid chamber is approximately 0.5 bar less than an interior pressure of a fluid supply tank that supplies the fluid to the filling device (examiner notes the inner fluid chamber is provided in JP reference, and a fluid supply tank is not a part of the claimed beverage filling device).
With regards to claim 9 , Japanese reference(JP2000-185796A) taken together with Japanese reference(JPH0632958U) in view of Sugden(2018424) further teaches wherein the vent tube has a height of less than approximately 4.5 mm(examiner notes a vent tube needs to have a height that fits a standard bottle for filling).
With regards to claim 10 , Japanese reference(JP2000-185796A) taken together with Japanese reference(JPH0632958U) in view of Sugden(2018424) further teaches wherein the filling device is configured to operate when a temperature is approximately 15 degrees Celsius(examiner notes that the structure of the claimed filling device is anticipated, and an operation temperature provides for a functional use of the claimed filling device).
With regards to claim 11 , Japanese reference(JP2000-185796A) taken together with Japanese reference(JPH0632958U) in view of Sugden(2018424) further teaches an actuation lever (an actuating lever 64) mounted within the support housing, wherein the actuation lever is configured to manipulate the fluid sealing mechanism between an open position and a closed position.
With regards to claim 12 , Japanese reference(JP2000-185796A) taken together with Japanese reference(JPH0632958U) in view of Sugden(2018424) further teaches a beverage container filling system, comprising: a carbonized tank; the beverage container filling device of claim 1, a carousel (figure 1) comprising at least one product supply pipe extending from the carbonized tank to the beverage container filling device; and a gas supply coupled to the carousel.
With regards to claim 13 , Japanese reference(JP2000-185796A) taken together with Japanese reference(JPH0632958U) in view of Sugden(2018424) further teaches wherein the gas supply is configured to fill a container with an inert gas when the carousel is rotated to a first position.
With regards to claim 14 , Japanese reference(JP2000-185796A) taken together with Japanese reference(JPH0632958U) in view of Sugden(2018424) further teaches wherein the beverage container filling device is configured to fill the container with the fluid when the carousel is rotated to a second position.
With regards to claim 22, Japanese reference(JP2000-185796A) taken together with Japanese reference(JPH0632958U) in view of Sugden is silent as to wherein the snift pipe has a diameter of greater than 1.5 mm. Examiner notes Sugden specifically teaches a snift pipe(34) having a predetermined diameter, and given that a snift pipe diameter is a result effective variable, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention, through routine experimentation, to adjust the snift pipe diameter to a diameter greater than 1.5 mm to optimize an amount of gas released from a headspace of the container of Japanese reference(JP2000-185796A). Examiner notes para 0042 of the current specification only provides a statement that the snift pipe can have a diameter of greater than approximately 1.5 mm, however the specific pipe diameter is not given specific criticality for unexpected results that would prevent someone of ordinary skill in the art through routine experimentation from arriving at the claimed pipe diameter. Examiner refers applicant to MPEP 2144.05 (II)(B) for a discussion of a result effective variable.
Claims 15 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Japanese reference(JP2000-185796A) taken together with Japanese reference(JPH0632958U) in view of Sugden(2018424).
Japanese reference(JP2000-185796A) in figure 3 teaches Japanese reference in figure 3 teaches a beverage container filling device for filling a beverage container(container 24) with a fluid, the device comprising: a support housing(support housing 40) having an upper surface and a lower surface defining an inner fluid chamber(46) for supplying the fluid to be discharged into the container; a valve housing(valve housing 48) mounted to the lower surface for controlling the discharge of the fluid; a vent tube(vent tube 54) having a first end and a second end, the second end at least partially extending through the valve housing; a support tube(support tube 60) mounted between the upper surface and the lower surface of the support housing and substantially surrounding the vent tube, and a spring(unnumbered but shown in figure 3) positioned about the first end of the vent tube. Japanese reference(JP2000-185796A) is silent as to the spring having a spring strength optimized for laminar flow of the fluid from the inner chamber to the container.
Japanese reference(JPH0632958U) in figures 1 and 2 teaches a container filling device for filling a liquid container(sink 13), the device including a support housing, a valve structure(valve body 46) for controlling discharge of liquid, and a spring (32) connected with the valve body 46, wherein the spring includes a spring strength optimized for laminar flow of the liquid from an inner chamber of the support housing to the sink( Examiner noting para 0015 of Japanese reference(JPH0632958U) stating “the strength of the spring 32 is designed so that the valve element 46 opens when the differential pressure between the upstream and downstream sides of the differential pressure actuated valve 33 reaches a pressure corresponding to the minimum operating flow rate of the device(heat exchanger) or higher.”. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention , requiring a laminar flow of fluid from the inner fluid chamber of Japanese reference(JP2000-185796A) to the container, to provide the spring of Japanese reference(JP2000-185796A) with a corresponding spring strength that provides for controlled laminar flow of fluid from the inner fluid chamber(46), to the valve housing(48), and to a downstream container(24). Examiner notes Japanese reference(JPH0632958U) disclose a spring-based valve for controlling fluid flow. Because the device is designed to operate with controlled filling flow, the spring necessarily has a strength selected to permit proper laminar fluid flow. In the absence of further quantification(noting the current specification does not provide a working example that quantifies laminar flow as a function of spring strength) that serves to better distinguish from the prior art, the prior art spring strength being “optimized for laminar flow” is found to be inherently present as the spring is, by nature of the prior art invention, tailored to permit flow.
Japanese reference(JP2000-185796A) taken together with Japanese reference(JPH0632958U) is silent as to further silent as to comprising a snift pipe in direct communication with a headspace of the beverage container and a snift valve coupled to the snift pipe, the snift pipe configured to release gas from a headspace of the beverage container. Sugden in figure 3 teaches a beverage container filling device for filling a container(bottle 40), wherein the beverage container filling device includes a snift pipe(34) in direct fluid communication with a headspace of the beverage container and a snift valve(35) coupled to the snift pipe(coupling shown in figure 3) configured to release gas from a headspace of the beverage container(column 4 lines 44-49). It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to provide the beverage container filling device of Japanese reference(JP2000-185796A) taken together with Japanese reference(JPH0632958U) with a snift pipe and a snift valve, in order to provide a mechanism for enabling surplus gas to escape from a headspace of the container of Japanese reference(JP2000-185796A).
With regards to claim 17 , Japanese reference(JP2000-185796A) taken together with Japanese reference(JPH0632958U) in view of Sugden(2018424) further teaches a fluid sealing mechanism(fluid sealing mechanism 62) positioned adjacent to the upper surface and operating with the spring to control fluid flow of the fluid into the beverage container.
With regards to claim 18 , Japanese reference(JP2000-185796A) taken together with Japanese reference(JPH0632958U) in view of Sugden(2018424) further teaches wherein the support tube encapsulates a central portion of the vent tube and does not surround a first end and a second end of the vent tube(stated in translation).
With regards to claim 19 , Japanese reference(JP2000-185796A) taken together with Japanese reference(JPH0632958U) in view of Sugden(2018424) further teaches an umbellate ring (53 in figure 3) surrounding the vent tube and positioned adjacent the second end of the vent tube.
With regards to claim 20 , Japanese reference(JP2000-185796A) taken together with Japanese reference(JPH0632958U) in view of Sugden(2018424) further teaches a beverage container filling system, comprising: a carbonized tank; the beverage container filling device of claim 1, a carousel (figure 1) comprising at least one product supply pipe extending from the carbonized tank to the beverage container filling device; and a gas supply coupled to the carousel.
Response to Arguments
Applicant's arguments filed 8-5-2026 have been fully considered but they are not persuasive.
Applicant argues Sugden’s snift pipe 34 is not in direct fluid communication with a headspace of beverage container 40, but the communication is made through gas delivery device 5.
Examiner notes gas from a headspace of beverage container 40 passes through a gas delivery tube 28 to a gas delivery device 5, and from the gas delivery device 5 to a snift pipe 34, and from the snift pipe 34 to atmosphere. Examiner notes column 4 lines 44-48 stating “The press button 37 of the snifting valve 35 is then pressed and the surplus gas escapes from the bottle through the pipe 28 and the hollow space in the vessel 5”. Examiner notes column 3 lines 48-48 stating “a snift pipe 34 communicates with the upper part of the gas delivery device 5 through a snift valve 35”. Therefore examiner respectfully submits that Sugden teaches providing a snift pipe in direct fluid communication with a headspace of the beverage container and a snift valve coupled to the snift pipe, wherein examiner respectfully submits a fluid(gas) transmission from a headspace of the beverage container 40 passes without blockage or restriction to the snift pipe 34, therefore Sugden teaches a snift pipe in direct fluid communication with a headspace of a beverage container. Examiner respectfully submits that someone of ordinary skill in the art, requiring providing a snift pipe in direct fluid communication with a headspace of the beverage container and a snift valve coupled to the snift pipe, would provide such a snift pipe in direct fluid communication with a headspace of a container(24) of Japanese reference(JP2000-185796A).
Applicant argues Sugden’s gas delivery device 5 is in fluid communication with beverage container 40 via tube 28 and nozzle 29, which extends deeper into beverage container 40 beyond a headspace of beverage container, such that gas delivery device 5 is also not in fluid communication of a headspace of beverage container 40, and as such, Sugden’s snift pipe 34 and gas delivery device 5 are not able to release gas from a headspace of beverage container.
Examiner notes fine nozzle 29 is directly connected to a pressure gas tube 27 for delivery of gas into the container 40 (noting column 3 lines 39-42 stating “a pressure gas tube 27 passes through the gas delivery device 5 and through the tube 28 terminating in a fine nozzle 29”). Therefore examiner respectfully submits the headspace of container 40 is in direct fluid communication with the gas delivery tube 28, and therefore the gas delivery device 5, along with the gas delivery tube 28, is in direct fluid communication with a headspace of the beverage container, therefore permitting gas to release to snift pipe 34 when snift valve 35 is opened.
With regards to independent claim 15, Examiner respectfully submits that Sugden provides for including a snift pipe in direct fluid communication with a headspace of the beverage container of Japanese reference(JP2000-185796A) and a snift valve coupled to the snift pipe, for the same reasons as stated with regards to current amended claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT A HOPKINS whose telephone number is (571)272-1159. The examiner can normally be reached Mon-Thurs 6am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Dieterle can be reached at 5712707872. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT A HOPKINS/Primary Examiner, Art Unit 1776
September 10, 2026
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