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 claims 1-14, 18, and 20 in the reply filed on 31 July 2026 is acknowledged.
Response to Amendment
Claim amendments filed 31 July 2026 are acknowledged. Claims 1-14, 18, and 20 are pending with claims 15-17 and 19 being cancelled.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-14, 18, and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the suction side" in line 7 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 8, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 9, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regrading claim 10, the phrase “the plenum” in line 2 of the claim has insufficient antecedent basis in the claim. For clarity the limitation should read “the at least one plenum” as established earlier in the claim. Additionally, line 4 of the claim recites “an associated temperature sensor for indicating pressure within the plenum”. It is unclear how a temperature sensor would indicate the pressure. For the purpose of this examination, it has been interpreted, based on the current specification, that the associated temperature sensor indicates the temperature within the plenum.
Claims 2-14, 18, and 20 are rejected due to their dependence on claim 1.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mencacci (US 4179986 A).
Regarding claim 1, Mencacci teaches a retort system (abstract), comprising: a vessel defining an interior volume (Figure 1 vessel “22” with heat treatment tunnel “82”), the vessel including at least one door moveable between open and closed positions (body is selectively opened and closed by a door, column 3 line 27); a support arrangement within the interior volume for receiving at least one product holding structure holding one or more packaged products to be treated (Figure 1 container supporting carts “34” in vessel “22” and Figure 3 cart “34” made of trays “60” for receiving container “c”); a heat exchange system, including a liquid circulation path having a discharge side (Figure 1 fluid control and circulation system “100” with inlet passage “26”), the heat exchange system configured to move a heat exchange liquid from the suction side to the discharge side (Figure 1 pump “106” draws water through conduit “107” and circulates it through conduits “108” and “110” into the inlet passage “26”); wherein the discharge side is fluidly connectable to a distribution feed system configured for feeding heat exchange liquid into the at least one product holding structure (Figure 1 inlet passage “26” connects to tunnel “82”); wherein the suction side is fluidly connectable to pull heat exchange liquid from a lower region of the interior volume (Figure 1 conduit “107” connected to lower side of vessel “22”); a control system (fluid control and circulation system, column 4 lines 60-61) configured to: (a) operate the heat exchange system such that heat exchange fluid is (i) pulled from the interior vessel volume via the suction side (pump drawing hot water through conduit from the lower portion of the vessel, column 5 lines 16-18), (ii) delivered through the pump and back to the interior vessel volume via the discharge side (pump circulates water through the valved conduits and into and through the inlet passage, column 5 lines 18-19), (iii) into the at least one product holding structure via the distribution feed system (Figure 1 water flows from inlet passage “26” through carts “34”), and (iv) through and out of the at least one product holding structure to the interior vessel volume (Figure 1 water flows through carts “34” and out of overflow port “94” and collected in lower portion of vessel “22”); (b) monitor an indicator of a fill condition of the at least one product holding structure (heat treatment liquid is directed into tunnel until tunnel is filled with water, column 7 lines 19-21); (c) after indicator indicates that the fill condition is achieved, drain some heat exchange liquid from the interior vessel volume (pump is then started to circulate water from pool through suction conduit, column 7 lines 26-28), until a target processing level for the heat exchange liquid within the interior vessel volume and external of the at least one product holding structure has been reached, wherein the target processing level is below a level of heat exchange liquid within the at least one food product holding structure (Figure 1 water level “112” below top of heat treatment tunnel “82” filled with water).
Regarding claim 2, Mencacci teaches wherein the target processing level is high enough to submerge a set of bottom outlet openings of the at least one product holding structure (Figure 3 trays “60” filled with containers “c” include a perforated bottom plate “62”, and water is circulated through tunnel must completely fill all voids of the tunnel, column 4 lines 47-48).
Regarding claim 3, Mencacci teaches wherein the draining operation occurs via a drain path that is separate from the liquid circulation path or that partially overlaps with the liquid circulation path (Figure 1 water can be drained by opening conduit “124”).
Regarding claim 11, Mencacci teaches wherein the liquid circulation path includes a direct steam injection heating arrangement for injecting steam into the liquid circulation path between the suction side and the discharge side of the liquid circulation path for heating heat exchange liquid (liquid is reheated by direct steam injection into the pump lines, column 2 lines 25-27).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 4-5, 8, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Mencacci in view of Dodrill (US 5283033 A).
Regarding claim 4, Mencacci teaches all aspects of the current invention as described above except wherein the control system is configured such that prior to step (a), the interior vessel volume is filled with heat exchange liquid to a preheat wherein the preheat level comprises a first preheat level and a second preheat level, the first preheat level being below the at least one product holding structure and the second preheat level being at a height that submerges part of the at least one product holding structure, wherein filling the interior vessel volume from the first preheat level to the second preheat level is not initiated or continued unless and until a temperature of the heat exchange liquid in the interior vessel volume is above a temperature of the packaged products. However, Dodrill teaches wherein the control system is configured such that prior to step (a), the interior vessel volume is filled with heat exchange liquid to a preheat level (while packages are loaded into the processing tank on one or more racks, water in preparation tank is heated to the specified temperature, column 13 lines 43-46), wherein the preheat level comprises a first preheat level and a second preheat level, the first preheat level being below the at least one product holding structure (Figure 4a water in preparation tank “30” preheating not in contact with product racks “22”) and the second preheat level being at a height that submerges part of the at least one product holding structure (Figure 4b water filled processing tank “24” from preheated water in preparation tank “30”), wherein filling the interior vessel volume from the first preheat level to the second preheat level is not initiated or continued unless and until a temperature of the heat exchange liquid in the interior vessel volume is above a temperature of the packaged products (after water in hot water tank reaches desired temperature, temperature controller closes steam valve and pump is activated causing water to flow from hot water tank to processing tank, column 13 lines 10-12 and 15-17).
Mencacci and Dodrill are considered analogous to the current invention because all are in the field of immersion retort apparatuses. Therefore, it would have been obvious to one of ordinary skill in the art to combine the retort vessel taught by Mencacci with the preheat operation taught by Dodrill because Dodrill teaches that such a process provides control over the retort vessel pressure to minimize package deformation or failure (column 3 lines 30-31).
Regarding claim 5, Mencacci teaches all aspects of the current invention except wherein the control system includes: a differential pressure monitoring system for monitoring a differential pressure across a pump of the heat exchange system; and/or a flow monitoring system associated with the liquid circulation path for monitoring volumetric flow along the liquid circulation path; and/or a distribution feed system liquid level monitoring system for monitoring a level of heat exchange fluid within the distribution feed system; and/or a distribution feed system pressure level monitoring system for monitoring a pressure condition in the distribution feed system; and/or an interior vessel volume pressure level monitoring system; and/or an interior vessel volume liquid level monitoring system for monitoring a level of the heat exchange liquid within the interior vessel volume and external of the at least one product holding structure; and/or a vessel temperature monitoring system for monitoring a temperature of the heat exchange fluid in the interior vessel volume and an external of the at least one product holding structure; and/or a distribution feed system temperature monitoring system for monitoring a temperature of the heat exchange liquid in the distribution feed system. However Dodrill teaches wherein the control system includes: a differential pressure monitoring system for monitoring a differential pressure across a pump of the heat exchange system; and/or a flow monitoring system associated with the liquid circulation path for monitoring volumetric flow along the liquid circulation path; and/or a distribution feed system liquid level monitoring system for monitoring a level of heat exchange fluid within the distribution feed system; and/or a distribution feed system pressure level monitoring system for monitoring a pressure condition in the distribution feed system; and/or an interior vessel volume pressure level monitoring system; and/or an interior vessel volume liquid level monitoring system for monitoring a level of the heat exchange liquid within the interior vessel volume and external of the at least one product holding structure; and/or a vessel temperature monitoring system for monitoring a temperature of the heat exchange fluid in the interior vessel volume and an external of the at least one product holding structure (Figure 3 temperature probe “46” in processing vessel “24”); and/or a distribution feed system temperature monitoring system for monitoring a temperature of the heat exchange liquid in the distribution feed system (Figure 3 temperature probe “34” in preparation tank “30”).
Mencacci and Dodrill are considered analogous to the current invention as described above. Therefore, it would have been obvious to one of ordinary skill in the art to combine the retort system taught by Mencacci with the temperature probes taught by Dodrill because Dodrill teaches such temperature measurements allow the control system to advantageously calculate the pressure in the container and control the pressure in the processing vessel to prevent damage to the containers (column 17 lines 20-25).
Regarding claim 8, the combination of Mencacci and Dodrill teaches wherein the vessel temperature monitoring system and the distribution feed system temperature monitoring system are provided, and the control system is further configured such that a different temperature between the systems in excess of a set threshold is utilized to teach a control action, such as an alarm or an alert (Figure 2 after water “14” and container “16” are same temperature, the come-down phase is initiated causing hot water to be pumped out of the vessel and cold water pumped in Figure 4d-4f, Dodrill).
Mencacci and Dodrill are considered analogous to the current invention as described above. Therefore, it would have been obvious to one of ordinary skill in the art to combine the retort system taught by Mencacci with the temperature probes taught by Dodrill because Dodrill teaches such temperature measurements allow the control system to advantageously calculate the pressure in the container and control the pressure in the processing vessel to prevent damage to the containers (column 17 lines 20-25).
Regarding claim 12, Mencacci teaches all aspects of the current invention except wherein the liquid circulation path further includes a heat exchanger for heating heat exchange liquid. However, Dodrill teaches wherein the liquid circulation path further includes a heat exchanger for heating heat exchange liquid (Figure 7 heat exchanger “90”).
Mencacci and Dodrill are considered analogous to the current invention as discussed above. Therefore, it would have been obvious to one of ordinary skill in the art to combine the steam injection heater as taught by Mencacci with the heat exchanger taught by Dodrill because Dodrill teaches that the process water can be both heated during the “come-up” phase or cooled during the “come-down” phase with the heat exchanger instead of processing a full tank of water making it more economical than conventional immersion retort systems (column 15 lines 24-26).
Claims 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Mencacci in view of Mencacci2 (US 4003302 A).
Regarding claim 5, Mencacci teaches all aspects of the current invention except wherein the control system includes: a differential pressure monitoring system for monitoring a differential pressure across a pump of the heat exchange system; and/or a flow monitoring system associated with the liquid circulation path for monitoring volumetric flow along the liquid circulation path; and/or a distribution feed system liquid level monitoring system for monitoring a level of heat exchange fluid within the distribution feed system; and/or a distribution feed system pressure level monitoring system for monitoring a pressure condition in the distribution feed system; and/or an interior vessel volume pressure level monitoring system; and/or an interior vessel volume liquid level monitoring system for monitoring a level of the heat exchange liquid within the interior vessel volume and external of the at least one product holding structure; and/or a vessel temperature monitoring system for monitoring a temperature of the heat exchange fluid in the interior vessel volume and an external of the at least one product holding structure; and/or a distribution feed system temperature monitoring system for monitoring a temperature of the heat exchange liquid in the distribution feed system. However Mencacci2 teaches wherein the control system includes: a differential pressure monitoring system for monitoring a differential pressure across a pump of the heat exchange system; and/or a flow monitoring system associated with the liquid circulation path for monitoring volumetric flow along the liquid circulation path (pump directs water to flow through processing tunnel, column 5 lines 44-47, and it has been determined that the rate of flow should be such that the liquid entering the tunnel leaves in about 30 seconds, column 6 lines 41-44); and/or a distribution feed system liquid level monitoring system for monitoring a level of heat exchange fluid within the distribution feed system; and/or a distribution feed system pressure level monitoring system for monitoring a pressure condition in the distribution feed system; and/or an interior vessel volume pressure level monitoring system; and/or an interior vessel volume liquid level monitoring system for monitoring a level of the heat exchange liquid within the interior vessel volume and external of the at least one product holding structure; and/or a vessel temperature monitoring system for monitoring a temperature of the heat exchange fluid in the interior vessel volume and an external of the at least one product holding structure; and/or a distribution feed system temperature monitoring system for monitoring a temperature of the heat exchange liquid in the distribution feed system.
Mencacci and Mencacci2 are considered analogous to the current invention because all are in the field of retort apparatuses. Therefore, it would have been obvious to one of ordinary skill in the art to combine the retort system taught by Mencacci with the flow monitoring taught by Mencacci2 because Mencacci2 teaches such flow monitoring advantageously provides the heating medium to the retort system with only about one degree temperature drop (column 2 lines 54-57).
Regarding claim 7, the combination of Mencacci and Mencacci2 teaches wherein the flow monitoring system is used, at least in part, to verify that the fill condition is achieved, wherein the fill condition is the at least one product holding structure is filled with heat exchange liquid (Figure 1 pump “102” and flow control valves “108” to fill vessel with water to a level over the top of tunnel “66”, Mencacci2).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Mencacci in view of Greve (US 7712202 B2).
Regarding claim 13, Mencacci teaches all aspects of the current invention including wherein the at least one product structure includes a first product holding structure and a second product holding structure (Figure 1 plurality of carts “34” and “34’”); wherein an actuation system is configured to moved the first and second product holding structures between insertion /removal heights within the vessel and processing heights within the vessel at which processing heights the first and second product holding structures engage with the distribution feed system (Figure 1 carts “24” are moved into vessel via wheels “42” and track “32” to come into contact with water inlet “27” and held into sealing engagement with hand screw “83”), but does not teach wherein the actuation system comprises: a first elongate bladder positioned for moving the first product holding structure, but not the second product holding structure, and a second elongated bladder positioned for moving the second product holding structure, but not the first product holding structure; and/or a first elongate bladder positioned for moving a first lift rail associated with the first product holding structure and a second left rail associated with the second product holding structure, wherein a degree of movement of the first lift rail is at least partly independent of a degree of movement the second lift rail, and visa versa. However, Greve teaches wherein the actuation system comprises: a first elongate bladder positioned for moving the first product holding structure, but not the second product holding structure, and a second elongated bladder positioned for moving the second product holding structure, but not the first product holding structure (one or more lift bladders configured to expand to lift and position the baskets, abstract, and one or more independent bladder lifting systems, column 2 lines 52-54); and/or a first elongate bladder positioned for moving a first lift rail associated with the first product holding structure and a second left rail associated with the second product holding structure, wherein a degree of movement of the first lift rail is at least partly independent of a degree of movement the second lift rail, and visa versa.
Mencacci and Greve are considered analogous to the current invention because all are in the field of retort apparatuses. Therefore, it would have been obvious to one of ordinary skill in the art to combine the actuation system taught by Mencacci with the bladder system taught by Greve because Greve teaches such a bladder structure provides secure rotation of the baskets while preventing unwanted shifting (abstract). While Greve does not explicitly teach a second bladder for a second product holding structure, Greve teaches the possibility of one or more independent bladder lifting systems (column 2 lines 52-54). Therefore, it would have been obvious to one of ordinary skill in the art to have a matching amount of lifting bladders and product holding structures to achieve the desired positioning through duplication of parts (See MPEP 2144.04 VA (B)).
Claims 5-6, 9, 14, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Mencacci in view of Johannes (US 20050249650 A1).
Regarding claim 5, Mencacci teaches all aspects of the current invention except wherein the control system includes: a differential pressure monitoring system for monitoring a differential pressure across a pump of the heat exchange system; and/or a flow monitoring system associated with the liquid circulation path for monitoring volumetric flow along the liquid circulation path; and/or a distribution feed system liquid level monitoring system for monitoring a level of heat exchange fluid within the distribution feed system; and/or a distribution feed system pressure level monitoring system for monitoring a pressure condition in the distribution feed system; and/or an interior vessel volume pressure level monitoring system; and/or an interior vessel volume liquid level monitoring system for monitoring a level of the heat exchange liquid within the interior vessel volume and external of the at least one product holding structure; and/or a vessel temperature monitoring system for monitoring a temperature of the heat exchange fluid in the interior vessel volume and an external of the at least one product holding structure; and/or a distribution feed system temperature monitoring system for monitoring a temperature of the heat exchange liquid in the distribution feed system. However, Johannes teaches wherein the control system includes: a differential pressure monitoring system for monitoring a differential pressure across a pump of the heat exchange system; and/or a flow monitoring system associated with the liquid circulation path for monitoring volumetric flow along the liquid circulation path; and/or a distribution feed system liquid level monitoring system for monitoring a level of heat exchange fluid within the distribution feed system (level of process fluid within storage vessel may be measured by level probe, paragraph [0038]); and/or a distribution feed system pressure level monitoring system for monitoring a pressure condition in the distribution feed system (Figure 1 storage vessel “14” equipped with pressure measuring device “106”); and/or an interior vessel volume pressure level monitoring system (Figure 1 pressure measuring device “102” in process vessel “12”); and/or an interior vessel volume liquid level monitoring system for monitoring a level of the heat exchange liquid within the interior vessel volume and external of the at least one product holding structure (level of process fluid in process vessel may be measured by level probe, paragraph [0038]); and/or a vessel temperature monitoring system for monitoring a temperature of the heat exchange fluid in the interior vessel volume and an external of the at least one product holding structure; and/or a distribution feed system temperature monitoring system for monitoring a temperature of the heat exchange liquid in the distribution feed system.
Mencacci and Johannes are considered analogous to the current invention because all are in the field of retort apparatuses. Therefore, it would have been obvious to one of ordinary skill in the art to combine the retort vessel taught by Mencacci with the additional system monitoring structures taught by Johannes because Johannes teaches additional sensors allow for the desired pressure and temperature profiled to be achieved and maintained in the process vessel (paragraph [0065]).
Regarding claim 6, the combination of Mencacci and Johannes teaches wherein the distribution feed system liquid level monitoring system is used, at least in part, to verify that the fill condition is achieved (fill valve is closed when target level of process fluid in the process vessel is reached and a certain amount of process fluid remains in storage vessel, paragraph [0051], Johannes) , wherein the fill condition is the at least one product holding structure being filled with heat exchange liquid (heat treatment liquid is directed into tunnel until tunnel is filled with water, column 7 lines 19-21, Mencacci).
Regarding claim 9, the combination of Mencacci and Johannes teaches wherein the distribution system pressure level monitoring system and the interior vessel pressure level monitoring system or provided (Figure 1 storage vessel “14” equipped with pressure measuring device “106” and pressure measuring device “102” in process vessel “12”), and this control system is further configured such that differential pressure between the systems in excess of a set threshold is utilized to take a control action, such as an alarm or alert (water can migrate from process vessel to storage vessel during retort if pressure differential between vessels becomes marginal, paragraph [0018], and valve in equalizer line is opened so that no pressure difference between process and storage vessels exists, paragraph [0048], Johannes).
Regarding claim 14, Mencacci teaches all aspects of the current invention except wherein the distribution feed system comprises at least one plenum within the interior vessel volume, and a vent path from the plenum into the interior vessel volume. However, Johannes teaches the distribution feed system comprises at least one plenum within the interior vessel volume (Figure 1 network of spray lines or pipes “30”), and a vent path from the plenum into the interior vessel volume (Figure 1 automatic proportional valve “40” in communication with headspace of vessel “12”).
Mencacci and Johannes are considered analogous to the current invention as described above. Therefore, it would have been obvious to one of ordinary skill in the art to combine the retort vessel taught by Mencacci with the plenum structure taught by Johannes because Johannes teaches the automatic proportional valve can advantageously program the overpressure in the vessel (paragraph [0034]) and the spray lines advantageously direct the process fluid toward the containers in the process vessel (paragraph [0032]).
Regarding claim 18, Mencacci teaches all aspects of the current invention except at least one level sensor for monitoring liquid level within the interior volume and external of the product holding structure. However, Johannes teaches at least one level sensor for monitoring liquid level within the interior volume and external of the product holding structure (level of process fluid in process vessel may be measured by level probe, paragraph [0038]).
Mencacci and Johannes are considered analogous to the current invention as described above. Therefore, it would have been obvious to one of ordinary skill in the art to combine the retort vessel taught by Mencacci with the level sensor taught by Johannes because Johannes teaches control of the fluid level enables uniform heating of the containers (paragraph [0049]).
Regarding claim 20, the combination of Mencacci and Johannes teaches wherein the system further comprises: a flow monitoring system associated with the liquid circulation path for monitoring volumetric flow along the liquid circulation path; and/or a liquid level monitoring system for monitoring a level of heat exchange fluid within the distribution feed system (level of process fluid within storage vessel may be measured by level probe, paragraph [0038], Johannes); and/or a distribution feed system temperature monitoring system for monitoring a temperature of the heat exchange liquid in the distribution feed system (Figure 1 storage vessel “14” is equipped with temperature measuring device “104”, Johannes).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Mencacci in view of Sauter (US 20140248573 A1) and Takano (US 20030053928 A1).
Regarding claim 10, Mencacci teaches all aspects of the current invention including wherein the distribution feed system comprises at least one plenum (Figure 1 inlet passage “26”), but does not teach the plenum includes each of: an associated temperature sensor for indicating temperature within the plenum; and an associated level sensor for indicating a level of heat exchange liquid within the plenum; wherein the control system is configured to take at least one control action based upon the temperature sensor indicating a predefined temperature condition and/or the level sensor indicating a predefined level condition. However, Sauter teaches the plenum includes an associated level sensor for indicating a level of heat exchange liquid within the plenum (level indicator in storage tank, paragraph [0069]) ; wherein the control system is configured to take at least one control action based upon the temperature sensor indicating a predefined temperature condition and/or the level sensor indicating a predefined level condition (if required the storage tanks are refilled with fresh water to a predefined level, paragraph [0084]), but does not teach the plenum includes an associated temperature sensor for indicating temperature within the plenum. However, Takano teaches an associated temperature sensor for indicating temperature within the plenum (Figure 1 thermometer “6” associated with shower pipe “24” and water dispersion plate “25”).
Mencacci, Sauter, and Takano are considered analogous to the current invention because all are in the field of retort apparatuses. Therefore, it would have been obvious to one of ordinary skill in the art to combine the retort vessel taught by Mencacci with the plenum level sensor taught by Sauter because Sauter teaches such a sensor allows for the stabile control of the level of heat treatment liquid in the tank by feeding additional heat treatment liquid from the outside (paragraph [0042]). Additionally, it would have obvious to one of ordinary skill in the art to combine the retort vessel taught by Mencacci with the plenum temperature sensor taught by Takano because Takano teaches that the use of such a temperature monitor is an element that is well known in the art (paragraph [0032]). Therefore, it would have been obvious to try a temperature sensor in the retort plenum to monitor the temperature conditions in the plenum with a reasonable expectation of success (See MPEP 2143 I (E)).
Conclusion
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/K.R.S./Examiner, Art Unit 1799
/DONALD R SPAMER/Primary Examiner, Art Unit 1799
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