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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-10, in the reply filed on 11/26/2025 is acknowledged.
Claims 11-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/26/2025.
Claim Objections
Claim 1 is objected to because of the following informalities:
Regarding claim 1, “wherein the thermal transport device transport the plurality of poultry appendages” should read “wherein the thermal transport device transports the plurality of poultry appendages”.
Appropriate correction is required.
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.
Claim(s) 1, 7, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shelemey (US 20140272050 A1) in view of Zhou (CN 209807042 U), Babka (US 5262185 A), Van Leeuwen (US 20160000138 A1), and Fetterman (US 20130220143 A1).
Regarding claim 1, Shelemey teaches (Paragraph 0001, 0016; Fig. 1 #5, 15, 20) a device and method for cooking food by submerging it in a hot liquid (thermal treatment liquid), wherein two endless conveyor belts, forming an upper conveyor 15 and a lower conveyor 20 (thermal transport device) are positioned inside a cooker reservoir 5 containing a cooking liquid. Shelemey further teaches (Paragraph 0020; Fig. 1 #10, 60) foodstuff 60 (a plurality of foodstuffs as shown in Figure 1) is dropped into the reservoir 5 at a first end (proximal end) and enters the path and the motion of the conveyors draws the foodstuff 60 along the path, submerging it completely beneath the heated cooking liquid 10, to a second end of the reservoir 5 where the cooked (thermally treated) foodstuff drops from the reservoir 5 into any suitable collector.
Shelemey is silent on the foodstuff comprising poultry appendages. Shelemey is further silent on regulating a temperature and a fill level of the thermal treatment liquid within the fluid container of the thermal transport assembly.
Zhou teaches (Paragraph 0002, 0008, 0012) a chicken feet (poultry appendage) sterilization system, wherein chicken feet are conveyed on a conveyor belt (thermal transport device) through a washing machine containing water heated by a heating plate installed at the bottom of the washing machine at the lower end of the conveyor belt.
Babka teaches (Col. 2, lines 17-31) a chicken frying process including a water searing step comprising transporting chicken parts including wings and legs (appendages) through a water bath on a conveyor belt (thermal transport device) which positively immerses the chicken parts in the heated water.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Shelemey to treat poultry appendages in view of Zhou and Babka since each of Shelemey, Zhou, and Babka is directed to a method of transporting a food product on a conveyor belt through a heated liquid, since thermal treatment of poultry appendages on thermal transport device transporting the plurality of poultry appendages through a fluid container is known in the art as shown by Zhou and Babka, since the searing step (thermal treatment in a heated fluid) removes fat from the chicken parts (thus allowing the resultant thermally treated chicken parts to a have a lower fat content and be more desirable to consumers who prefer a lower fat intake for health or personal taste) and causes the outer surface of the chicken parts to become tacky, to improve adherence of batter and breading (Babka, Col. 2, lines 34-42), since poultry appendages can be washed by transportation through heated liquid (Zhou, Paragraph 0012) thus ensuring that no undesirable materials like dirt and debris remain attached to the surface of the poultry appendages, and since many consumers prefer poultry appendages for personal taste, protein intake, or other dietary concerns.
Van Leeuwen teaches (Paragraph 0001, 0012) a food processing machine for processing food products, wherein a dipping conveyor receives the uncoated food products from the first transfer conveyor and conveys the food products through the dipping bath so that the food products are coated within the dipping bath. Van Leeuwen further teaches (Paragraph 0032) if the filling level in the dipping bath is too low, a control unit opens the outlet valve of a buffer so that the dipping bath is refilled with food material from the buffer; however, if the filling level of the food material in the dipping bath is too high or acceptable, the control unit closes the outlet valves of the buffer so that no food material is discharged from the buffer into the dipping bath (regulating a fill level of the treatment liquid within the fluid container).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Shelemey to regulate a fill level of the thermal treatment liquid within the fluid container of the thermal transport assembly in view of Van Leeuwen since both are directed to methods of treating food items by transporting a plurality of food items through a fluid container of a transport assembly via a conveyor, wherein the fluid container contains treatment liquid, since regulating the fill level of the treatment liquid within the fluid container of a food item transport assembly is known in the art as shown by Van Leeuwen, since regulating the fill level can ensure that sufficient liquid is present in the transport assembly to contact the food items and apply thermal treatment, where the food items will be insufficiently treated or untreated if no liquid contacts them, and since if the filling level of the food material (liquid) in the dipping bath is too high or acceptable, the control unit closes the outlet valves of the buffer so that no food material is discharged from the buffer into the dipping bath (Van Leeuwen, Paragraph 0032) which can prevent overfilling of the device and avoid potential spilling of the liquid or poultry appendages.
Fetterman teaches (Paragraph 0011, 0054; Fig. 1 #100, 130, 170) a method of operating an apparatus and system for low-temperature cooking, wherein an apparatus 100 is immersed in fluid (thermal treatment liquid) within a cooking container (fluid container) and a controller 170 can regulate the temperature of the cooking fluid by setting a target temperature range including a high temperature target and a low temperature target, wherein the controller 170 can alternate between sending a full power signal to the heating element 130 when the sensed fluid temperature is below the low target temperature and withholding the power signal to the heating element 130 when the sensed fluid temperature is above the high temperature target (regulating a temperature of the thermal treatment liquid within the fluid container).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Shelemey to regulate a temperature of the thermal treatment liquid within the fluid container as taught by Fetterman since both are directed to methods of treating food products with heated thermal treatment liquid, since regulating a temperature of the thermal treatment liquid within the fluid container is known in the art as shown by Fetterman, since setting temperature cooking parameters via the controller enables the apparatus to cook foods of various types and sizes by heating fluid in a cooking container to particular temperatures according to selected parameters (Fetterman, Paragraph 0014), since regulating the temperature of the thermal treatment liquid by sending a full power signal to the heating element when the sensed fluid temperature is below the low target temperature will ensure that the poultry appendages are sufficiently heated and achieve desired results (e.g. cooking, thawing, sterilizing, etc.), and since regulating the temperature of the thermal treatment liquid by withholding the power signal to the heating element when the sensed fluid temperature is above the high temperature target will ensure that the poultry appendages are not overheated or damaged.
Regarding claim 7, Shelemey is silent on regulating the temperature of the thermal treatment liquid comprising: activating a heater assembly of the thermal transport assembly based on detecting that the temperature of the thermal treatment liquid is below a lower temperature threshold; and deactivating the heater assembly based on detecting that the temperature of the thermal treatment liquid is above an upper temperature threshold.
As shown above, Fetterman teaches (Paragraph 0011, 0054; Fig. 1 #100, 130, 170) a method of operating an apparatus and system for low-temperature cooking, wherein an apparatus 100 is immersed in fluid (thermal treatment liquid) within a cooking container (fluid container) and a controller 170 can regulate the temperature of the cooking fluid by setting a target temperature range including a high temperature target (upper temperature threshold) and a low temperature target (lower temperature threshold), wherein the controller 170 can alternate between sending a full power signal to the heating element 130 (activating a heating assembly) when the sensed fluid temperature is below the low target temperature and withholding the power signal to the heating element 130 (deactivating the heater assembly) when the sensed fluid temperature is above the high temperature target.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Shelemey to regulate the temperature of the thermal treatment liquid by activating a heater assembly of the thermal transport assembly based on detecting that the temperature of the thermal treatment liquid is below a lower temperature threshold; and deactivating the heater assembly based on detecting that the temperature of the thermal treatment liquid is above an upper temperature threshold as taught by Fetterman since both are directed to methods of treating food products with heated thermal treatment liquid, since regulating the temperature of the thermal treatment liquid by activating a heater assembly of the thermal transport assembly based on detecting that the temperature of the thermal treatment liquid is below a lower temperature threshold; and deactivating the heater assembly based on detecting that the temperature of the thermal treatment liquid is above an upper temperature threshold is known in the art as shown by Fetterman, since setting temperature cooking parameters via the controller enables the apparatus to cook foods of various types and sizes by heating fluid in a cooking container to particular temperatures according to selected parameters (Fetterman, Paragraph 0014), since regulating the temperature of the thermal treatment liquid by sending a full power signal to the heating element when the sensed fluid temperature is below the low target temperature will ensure that the poultry appendages are sufficiently heated and achieve desired results (e.g. cooking, thawing, sterilizing, etc.), and since regulating the temperature of the thermal treatment liquid by withholding the power signal to the heating element when the sensed fluid temperature is above the high temperature target will ensure that the poultry appendages are not overheated or damaged.
Regarding claim 9, Shelemey is silent on regulating the fill level of the thermal treatment liquid comprising: filling the fluid container of the thermal transport assembly using supplemental thermal treatment liquid from a supplemental reservoir based on detecting that the fill level of the thermal treatment liquid is below a lower fill level threshold; and stopping flow of the supplemental thermal treatment liquid into the fluid container of the thermal transport assembly based on detecting that the fill level of the thermal treatment liquid is above an upper fill level threshold.
As shown above, Van Leeuwen teaches (Paragraph 0001, 0012) a food processing machine for processing food products, wherein a dipping conveyor receives the uncoated food products from the first transfer conveyor and conveys the food products through the dipping bath so that the food products are coated within the dipping bath. Van Leeuwen further teaches (Paragraph 0032, 0073) if the filling level in the dipping bath is too low, a control unit opens the outlet valve of a buffer, wherein the buffer arrangement comprises a buffer tank (supplemental reservoir), so that the dipping bath is refilled with food material (supplemental treatment liquid) from the buffer; however, if the filling level of the food material in the dipping bath is too high or acceptable, the control unit closes the outlet valves of the buffer so that no food material is discharged from the buffer into the dipping bath (regulating a fill level of the treatment liquid within the fluid container).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Shelemey to regulate the fill level of the thermal treatment liquid by filling the fluid container of the thermal transport assembly using supplemental thermal treatment liquid from a supplemental reservoir based on detecting that the fill level of the thermal treatment liquid is below a lower fill level threshold; and stopping flow of the supplemental thermal treatment liquid into the fluid container of the thermal transport assembly based on detecting that the fill level of the thermal treatment liquid is above an upper fill level threshold in view of Van Leeuwen since both are directed to methods of treating food items by transporting a plurality of food items through a fluid container of a transport assembly via a conveyor, wherein the fluid container contains treatment liquid, since regulating the fill level of a treatment liquid by filling a fluid container using supplemental treatment liquid from a supplemental reservoir based on detecting that the fill level of the treatment liquid is below a lower fill level threshold; and stopping flow of the supplemental treatment liquid into the fluid container of the thermal transport assembly based on detecting that the fill level of the thermal treatment liquid is above an upper fill level threshold is known in the art as shown by Van Leeuwen, since regulating the fill level by providing supplement liquid from a supplement reservoir can ensure that sufficient liquid is present in the transport assembly to contact the food items and apply thermal treatment, where the food items will be insufficiently treated or untreated if no liquid contacts them, since a supplemental reservoir allows the liquid to be prepared and ready for immediate use, and since if the filling level of the food material (liquid) in the dipping bath is too high or acceptable, the control unit closes the outlet valves of the buffer so that no food material is discharged from the buffer into the dipping bath (Van Leeuwen, Paragraph 0032) which can prevent overfilling of the device and avoid potential spilling of the liquid or poultry appendages.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shelemey (US 20140272050 A1) in view of Zhou (CN 209807042 U), Babka (US 5262185 A), Van Leeuwen (US 20160000138 A1), and Fetterman (US 20130220143 A1), and further in view of Jeong (KR 101026779 B1).
Regarding claim 2, Shelemey teaches (Paragraph 0020) foodstuff 60 is dropped into the reservoir 5 at a first end enters the path and the motion of the conveyors draws the foodstuff 60 along the path, submerging it completely beneath the heated cooking liquid 10, to a second end of the reservoir 5 (distal end) where the cooked foodstuff drops from the reservoir 5 into any suitable collector (removing the plurality of poultry appendages from the thermal treatment liquid at a distal end of the thermal transport device).
Shelemey, as modified above is silent on transferring the plurality of poultry appendages from the distal end of the thermal transport device to a chiller transport assembly.
Jeong teaches (Paragraph 0001, 0034-0035; Fig. 2 #1, 2, 10, 20, 22) a high-efficiency low-temperature sterilization cooler wherein food 1 is fed into the heating tank 10 (fluid container) and sterilized while moving through the heated water along a conveyor belt 2 (thermal transport device), wherein food 1 that has completed the sterilization process in the heating tank 10 is transferred to a cooling tank 20 (chiller transport assembly) with a conveyor belt 22 installed at the upper part thereof so that the food 1 can automatically and continuously move.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Shelemey, as modified above, to transfer the plurality of poultry appendages from the distal end of the thermal transport device to a chiller transport assembly in view of Jeong since both are directed to methods of treating food products by conveying the food products through containers of thermal treatment liquid, since food from a thermal transport device to a chiller transport assembly is known in the art as shown by Jeong, since moving food to a cooling tank (chiller) and cooling it preserves the food (Jeong, Paragraph 0009), since transferring to a chiller for cooling can allow the poultry appendages to be stored and/or transferred instead of requiring immediate consumption before bacteria growth renders the poultry appendages inedible, and since cooling time can be adjusted by increasing or decreasing the movement time of the conveyor belt (Jeong, Paragraph 0016), i.e. cooling time can be adjusted/controlled by using a chiller transport assembly.
Claim(s) 3 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shelemey (US 20140272050 A1) in view of Zhou (CN 209807042 U), Babka (US 5262185 A), Van Leeuwen (US 20160000138 A1), Fetterman (US 20130220143 A1), and Jeong (KR 101026779 B1), and further in view of Baker (US 20170095112 A1).
Regarding claim 3, Shelemey, as modified above, is silent on the chiller transport assembly comprising a selection element, wherein the method further comprises: operating the selection element in a first mode to transfer the plurality of poultry appendages onto a chiller transport device of the chiller transport assembly.
Baker teaches (Paragraph 0072, 0073) a method of operating a food product cooking system wherein a sensor looks for and detects the leading edge of the food product exiting the cooking chamber, and when a food product is detected an exit conveyor (selection device) is stopped and temperature probes are used to collect temperatures from the food product, wherein, if all data points of the product fall within the programmed temperature range, the exit conveyor (selection device) is driven forward (first mode) dropping the cooked food product into a heated product holding unit.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Shelemey, as modified above to provide the chiller transport assembly with a selection element and to operate the selection element in a first mode to transfer the plurality of poultry appendages onto a chiller transport device of the chiller transport assembly in view of Baker since both are directed to methods of heat treating food products transported on conveyors, since a selection device that transfers a food product from a heat treatment area to a subsequent area of an apparatus (where providing a chiller subsequent to the heat treatment is area is obvious in view of Jeong for the reasons stated above with regard to claim 2) is known in the art as shown by Baker, since a selection device can ensure that food products have desired parameters before sending to the chiller thus avoiding unnecessary processing of improperly treated food products, since the selection device can be used to discard undercooked or overcooked products (Baker, Paragraph 0073), ensuring consumers have food products with the desired heat treatment level and removing the need for manual disposal, and since operating the selection device to transfer the food products to the next area after heating (which is the chiller in the case of Shelemey as modified above) prevents the need to manually transfer the food to the chiller, providing convenience to users.
Regarding claim 4, Shelemey is silent on chilling plurality of poultry appendages using a cooling element of the chiller transport device.
As stated above with regard to claim 2, Jeong teaches (Paragraph 0001, 0034-0035; Fig. 2 #1, 2, 10, 20, 22) a high-efficiency low-temperature sterilization cooler wherein food 1 is fed into the heating tank 10 (fluid container) and sterilized while moving through the heated water along a conveyor belt 2 (thermal transport device), wherein food 1 that has completed the sterilization process in the heating tank 10 is transferred to a cooling tank 20 (chiller transport assembly) with a conveyor belt 22 installed at the upper part thereof so that the food 1 can automatically and continuously move. Jeong further teaches (Paragraph 0036, 0038; Fig. 2 #60) food 1 heated during the low-temperature sterilization process and introduced into the cooling water tank 20 (chiller) is cooled (chilled) while moving in the water along a conveyor belt 22, wherein water in the cooling water tank is cooled by through a heat pump 60 (cooling element) and circulated to the cooling water tank.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Shelemey, as modified above, to chill the plurality of poultry appendages using a cooling element of the chiller transport device in view of Jeong since both are directed to methods of treating food products by conveying the food products through containers of thermal treatment liquid, since chilling food using a cooling element of a chiller transport device is known in the art as shown by Jeong, since moving food to a cooling tank (chiller) and cooling it preserves the food (Jeong, Paragraph 0009), since chilling the poultry appendages with a cooling element can allow the poultry appendages to be stored and/or transferred instead of requiring immediate consumption before bacteria growth renders the poultry appendages inedible, and since cooling time can be adjusted by increasing or decreasing the movement time of the conveyor belt (Jeong, Paragraph 0016).
Claim(s) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shelemey (US 20140272050 A1) in view of Zhou (CN 209807042 U), Babka (US 5262185 A), Van Leeuwen (US 20160000138 A1), and Fetterman (US 20130220143 A1), and further in view of Miyake (JP 2009165586 A).
Regarding claim 5, Shelemey, as modified above, is silent on detecting that an error has occurred; and based on detecting that the error has occurred, activating a notification comprising at least one of an audible alert, a visual alert, a physical alert, or an electronic alert sent to a computer device.
Regarding claim 6, Shelemey, as modified above, is silent on the error comprising at least one of: detecting that the temperature of the thermal treatment liquid has fallen below a temperature threshold; or detecting that the fill level of the thermal treatment liquid within the fluid container of the thermal transport assembly has fallen below a fill level threshold.
Miyake teaches (Paragraph 0014-0015, 0082, 0084; Fig. 1 #31, 51, 53; Fig. 10 #e7) a method of operating an ultrasonic sterilizer, wherein food 51 is immersed in water (thermal treatment liquid) within a treatment tank 31 and sterilized, wherein a heater may be used to control the temperature of the water, and wherein when the water level in the treatment tank 31 falls below a threshold value (error has occurred) as detected by a water level sensor 53, a control unit 131 turns on an LED lamp e7 (visual alert) to notify the operator of this.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Shelemey as modified above to activate a notification comprising a visual alert based on detecting that an error has occurred wherein the error comprises detecting that the fill level of the thermal treatment liquid within the fluid container has fallen below a fill level threshold as taught by Miyake since both are directed to methods of treating food products by immersion in thermal treatment liquid within a fluid container, since activating a notification comprising a visual alert based on detecting that an error has occurred wherein the error comprises detecting that the fill level of the thermal treatment liquid within the fluid container has fallen below a fill level threshold is known in the art as shown by Miyake, since the level sensor indicates when the water in the treatment tank becomes insufficient (Miyake, Paragraph 0018), thus preventing food from being improperly or incompletely treated by insufficient thermal treatment liquid, and since an LED lamp (visual alert) with notify an operator that the water has fallen below the threshold level (Miyake, Paragraph 0084) thus ensuring that the error is addressed and preventing inadequate food treatment.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shelemey (US 20140272050 A1) in view of Zhou (CN 209807042 U), Babka (US 5262185 A), Van Leeuwen (US 20160000138 A1), and Fetterman (US 20130220143 A1), and further in view of Girdhar (US 20170265501 A1) and Nace (US 20080279997 A1).
Regarding claim 8, Shelemey, as modified above, is silent on the lower temperature threshold and the upper temperature threshold being between 140 degrees Fahrenheit and 170 degrees Fahrenheit.
As shown above, Fetterman teaches (Paragraph 0011, 0054; Fig. 1 #100, 130, 170) a method of operating an apparatus and system for low-temperature cooking, wherein an apparatus 100 is immersed in fluid (thermal treatment liquid) within a cooking container (fluid container) and a controller 170 can regulate the temperature of the cooking fluid by setting a target temperature range including a high temperature target (upper temperature threshold) and a low temperature target (lower temperature threshold), wherein the controller 170 can alternate between sending a full power signal to the heating element 130 (activating a heating assembly) when the sensed fluid temperature is below the low target temperature and withholding the power signal to the heating element 130 (deactivating the heater assembly) when the sensed fluid temperature is above the high temperature target. Fetterman further teaches (Paragraph 0018) typical low-temperature cooking temperatures are, for example, 134-183 °F (which encompasses the claimed range of 140 degrees Fahrenheit to 170 degrees Fahrenheit).
Additionally, Girdhar teaches (Paragraph 0003) a method and apparatus for batch processing of large quantities of chicken parts, wherein chicken pieces on a stainless steel conveyor belt are moved through a hot water bath at a temperature from about 145° F to about 195° F (which overlaps with the claimed range of 140 degrees Fahrenheit to 170 degrees Fahrenheit).
Furthermore, Nace teaches (Paragraph 0002, 0015) an improved method for processing poultry, wherein carcasses are put in a scalding tank where they are treated with water at about 138-142 degrees F (which overlaps with the claimed range of 140 degrees Fahrenheit to 170 degrees Fahrenheit).
Thus, cooking poultry at temperatures that overlap with the claimed range of limits for the upper and lower threshold temperatures are known in the art.
Additionally, the claimed lower temperature threshold and the upper temperature threshold between 140 degrees Fahrenheit and 170 degrees Fahrenheit would have been used during the course of normal experimentation and optimization procedures in the method of Shelemey, as modified above, based upon factors such as the intended treatment time (where a higher liquid temperature would raise the poultry appendage temperature faster), the initial temperature of the poultry appendages, the type of treatment (where processes like cooking, thawing, and sterilization require different temperatures), the desired extent of heating (fully cooking or just warming), the size and density of the poultry appendages, etc. Furthermore, the Applicant does not appear to have identified any unique or unexpected benefit from the claimed lower temperature threshold and the upper temperature threshold between 140 degrees Fahrenheit and 170 degrees Fahrenheit that would render it non-obvious.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shelemey (US 20140272050 A1) in view of Zhou (CN 209807042 U), Babka (US 5262185 A), Van Leeuwen (US 20160000138 A1), and Fetterman (US 20130220143 A1), and further in view of Akehurst (WO 2016151335 A1) and Lewis (US 4291472 A).
Regarding claim 10, as shown above, Shelemey teaches (Paragraph 0001, 0016; Fig. 1 #5, 15, 20) a device and method for cooking food by submerging it in a hot liquid (thermal treatment liquid), wherein two endless conveyor belts, forming an upper conveyor 15 and a lower conveyor 20 (thermal transport device) are positioned inside a cooker reservoir 5 containing a cooking liquid.
Shelemey is silent on a length of the conveyor belt being between 20 feet and 30 feet. Shelemey is further silent on an average linear speed of the conveyor belt being between 2 feet per second and 4 feet per second.
However, the claimed length of the conveyor belt between 20 feet and 30 feet and average linear speed of the conveyor belt between 2 feet per second and 4 feet per second would have been used during the course of normal experimentation and optimization procedures in the method of Shelemey, as modified above, based upon factors such as the available space and production time, the length of the fluid container (where the conveyor must be long enough to move the poultry appendages through the fluid container), the intended treatment temperature (where a lower temperature would require a longer conveyor or slower speed for a greater heating effect), the type of treatment (cooking, thawing, sterilization), the desired extent of heating (fully cooking or just warming), the size and density of the poultry appendages, etc. Furthermore, the Applicant does not appear to have identified any unique or unexpected benefit from the claimed length of the conveyor belt between 20 feet and 30 feet and average linear speed of the conveyor belt between 2 feet per second and 4 feet per second that would render it non-obvious.
Further, since Shelemey is silent with regards to the length and speed of the conveyor, one of ordinary skill in the art would have been motivated to look to the art for suitable length and speeds.
Akehurst teaches (Page 12, lines 32-35) submerging a poultry carcass conveyed through a decontamination station at a rate of 1 m/s (3.3 ft/s).
Selection of a known operational parameter (a speed of the conveyor belt being between 2 feet per second and 4 feet per second) based on its suitability for its intended use (conveying a food product through a treatment system) supports a prima facie obviousness determination (See MPEP 2144.07).
Lewis teaches (Col. 2, lines 42-43; Col. 6, line 5) a novel apparatus for drying articles, such as fruit, wherein the apparatus comprises a conveyor means 24 feet long.
Selection of a known operational parameter (a length of the conveyor belt being between 20 feet and 30 feet) based on its suitability for its intended use (conveying a food product through a treatment system) supports a prima facie obviousness determination (See MPEP 2144.07).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Bullard (US 11246318 B1) teaches a submersion conveyor system for processing materials that need to be completely submersed in a processing liquid, such as food products.
Almquist (US 3041658 A) teaches an apparatus for scalding poultry.
Dyck (US 20160242428 A1) teaches antimicrobial formulations and sanitation methods for meat processing, for example, for processing poultry products.
Cowe (US 20140322418 A1) teaches water-bath cooking and heating food.
Tang (US 20160029685 A1) teaches processing systems for heating an item immersed in the immersion fluid to a target temperature.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AUSTIN P TAYLOR whose telephone number is (571)272-2652. The examiner can normally be reached M-F 8:30am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Erik Kashnikow can be reached at (571) 270-3475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AUSTIN PARKER TAYLOR/Examiner, Art Unit 1792
/ERIK KASHNIKOW/Supervisory Patent Examiner, Art Unit 1792