DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16th, 2013 is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Sheet
The information disclosure statements (IDS’s) submitted on 11/30/2023 and 11/10/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 7, 8, 10, and 11 objected to because of the following informalities:
Claim 7 recites, “The filling machine according claim 6…” However, it appears the claim should instead recite, “The filling machine according to claim 6…”
Claim 8 recites, “clean zone around at least one station (140a, 140b, 140c), and…” However, it appears that the claim should remove the element identifiers so that the claim recites, “clean zone around at least one station
Claim 10 recites, “The filling machine according to claim 8 and 9…” which is in improper dependent form in accordance with USPTO practices. See MPEP 608.01(n). As such, claim 10 will not be examined on the merits. See MPEP 608.01(n)(F).
Claim 10 further recites, “…the filling region comprises a at least one fluid inlet…” However, it appears the claim should instead recite, “…the filling region comprises an at least one fluid inlet…”
Appropriate correction is required.
Claim Rejections – 35 USC §112(b)
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.
Claims 1-13 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 pre-AIA the applicant regards as the invention.
Regarding claim 1, the claim recites the limitation "a working step on the containers," and later claims “the station comprises a hot air supply for executing a work step on the containers.” It is unclear if these two steps comprise the same working step, or if those limitations refer to the same step. Claim 11 is also rejected under 35 USC 112(b) for the same reason as claim 1. For purposes of examination, the working steps will be treated as the same step.
Regarding claims 2-10 and 12-13 are also rejected under 35 USC 112(b) due to their dependence upon rejected claims 1 and 11.
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 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, 8-9 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Auer (US 8,944,079).
Regarding claim 1, Auer discloses a filling machine (Figure 1, #1) comprisinga working chamber (Figure 1, #2) comprising side walls, a ceiling and a floor (Col 6, lines 23 - 31 describes a working chamber #2 with side walls, a ceiling, and a floor),
wherein containers (Figure 1, #9) comprising
container top ends facing the ceiling (Figure 1 illustrates the containers with top ends facing the ceiling), and
container bottom ends facing the floor (Figure 1 illustrates the containers with bottom ends facing the floor)
are conveyed through the working chamber (Figure 1, #2) by a conveyer (Figure 1, #12), from an inlet side to an outlet side (Figure 1 illustrates the conveyor #12 moves in a conveying direction #26 from the inlet side #7 to the outlet side #8),
wherein the working chamber comprises
a station (Figure 1, #13 - #17) within the working chamber configured to execute a working step on the containers (Described in col 6, lines 41-46), wherein
the station (Figure 1, #15) comprises a hot air supply for executing a work step on the containers (Described in col 5, lines 7-8),
wherein the working chamber further comprises an extraction duct for extracting hot air supplied by the hot air supply to the outside of the working chamber (Described in col 5, lines 26-34 wherein an exhaust system is implemented in the preheating zone, the sterilization zone, and the drying zone).
Regarding claim 8, Auer further discloses at least one fluid inlet (Figure 1, #22), wherein said at least one fluid inlet comprises a convex fluid inlet surface facing the working chamber (Shown in figures 1 and 2) and displaying a plurality of through openings configured to supply the working chamber with a fluid for creating a clean zone around at least one station (Plurality of openings shown in figure 2. Described further in col 6, lines 51-60), and wherein said at least one fluid inlet is fluidly connected to a supply conduit for supplying the fluid to the working chamber (Shown in figure 2).
Regarding claim 9, Auer further discloses wherein the working chamber is divided into a filling region and a closing region by a wall extending transversely within the working chamber (Shown in figure 1 and described in col 6, lines 41-46), wherein the filling region is proximal to the inlet side and the closing region is proximal to the outlet side (Shown in figure 1).
Regarding claim 11, Auer discloses a method for handling hot air in a filling machine (Figure 1, #1) comprising the steps of:
A. Providing a filling machine (Figure 1, #1) comprising:a working chamber (Figure 1, #2) comprising side walls, a ceiling and a floor (Col 6, lines 23 - 31 describes a working chamber #2 with side walls, a ceiling, and a floor),
wherein containers (Figure 1, #9) comprisingcontainer top ends facing the ceiling (Figure 1 illustrates the containers with top ends facing the ceiling), and
container bottom ends facing the floor (Figure 1 illustrates the containers with bottom ends facing the floor)
are conveyed through the working chamber (Figure 1, #2) by a conveyer (Figure 1, #12), from an inlet side to an outlet side (Figure 1 illustrates the conveyor #12 moves in a conveying direction #26 from the inlet side #7 to the outlet side #8), wherein the working chamber comprises
a station (Figure 1, #13 - #17) within the working chamber configured to execute a working step on the containers (Described in col 6, lines 41-46), whereinthe station (Figure 1, #15) comprises a hot air supply for executing a work step on the containers (Described in col 5, lines 7-8),
wherein the working chamber further comprises an extraction duct for extracting hot air supplied by the hot air supply to the outside of the working chamber (Described in col 5, lines 26-34 wherein an exhaust system is implemented in the preheating zone, the sterilization zone, and the drying zone), and
B. extracting said hot air supplied by the hot air supply by using the extraction duct (Described in col 5, lines 26-34).
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Auer in view of Palaniappan (US 6,120,730).
Regarding claim 2, Auer does not specifically teach wherein the extraction duct is located at a vertical level below the container top ends, when the containers are conveyed.
Palaniappan teaches wherein the extraction duct is located at a vertical level below the container top ends, when the containers are conveyed (Figure 1 illustrates an exhaust system #41 located below the top ends of containers #50).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Auer to incorporate the teachings of Palaniappan to include an exhaust system located below the container top ends with the motivation of providing a system that ensures removal of vapors and air from the system thus ensuring the system remains sterile, as recognized by Palaniappan in col 2, lines 26-54.
Claims 3-4 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Auer in view of Pennekamp (US 6,383,449).
Regarding claim 3, Auer does not specifically teach wherein the filling machine further comprises a fan configured for extracting the hot air through the extraction duct.
Pennekamp teaches wherein the filling machine further comprises a fan (Figure 1, #21) configured for extracting the hot air through the extraction duct (Described in col 2, line 23 - col 3, line 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Auer to incorporate the teachings of Pennekamp to include a fan with the motivation of providing a mechanical means by which air can be circulated and removed efficiently from the system, as recognized by Pennekamp in col 2, line 23 – col 3, line 4.
Regarding claim 4, Auer does not specifically teach wherein the filling machine further comprises a fan configured for extracting the hot air through the extraction duct.
Pennekamp teaches wherein the fan is configured with speed control for balancing the volume of hot air extracted through the extraction duct with the volume of hot air supplied via the hot air supply (Described in col 2, line 23 - col 3, line 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Auer to incorporate the teachings of Pennekamp to include a fan with the motivation of providing a mechanical means by which air can be circulated and removed efficiently from the system, as recognized by Pennekamp in col 2, line 23 – col 3, line 4.
Regarding claim 12, Auer does not specifically teach wherein the method further comprises the steps of: C. providing the filling machine according to claim 11, wherein the filling machine comprises a fan configured for extracting the hot air through the extraction duct, D. operating the fan for extracting hot air from the working chamber through the extraction duct to the outside.
Pennekamp teaches wherein the method further comprises the steps of: C. providing the filling machine according to claim 11, wherein the filling machine comprises a fan (Figure 1, #21) configured for extracting the hot air through the extraction duct (Described in col 2, line 23 - col 3, line 4), D. operating the fan for extracting hot air from the working chamber through the extraction duct to the outside (Described in col 2, line 23 - col 3, line 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Auer to incorporate the teachings of Pennekamp to include a fan with the motivation of providing a mechanical means by which air can be circulated and removed efficiently from the system, as recognized by Pennekamp in col 2, line 23 – col 3, line 4.
Regarding claim 13, Auer does not specifically teach E. providing the filling machine according to claim 12, wherein the fan is configured with a speed control, F. controlling the speed to the fan for balancing the volume of hot air extracted through the extraction duct with the volume of hot air supplied via the hot air supply by operating the speed control.
Pennekamp teaches E. providing the filling machine according to claim 12, wherein the fan is configured with a speed control (Described in col 2, line 23 - col 3, line 4), F. controlling the speed to the fan for balancing the volume of hot air extracted through the extraction duct with the volume of hot air supplied via the hot air supply by operating the speed control (Described in col 2, line 23 - col 3, line 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Auer to incorporate the teachings of Pennekamp to include a fan with the motivation of providing a mechanical means by which air can be circulated and removed efficiently from the system, as recognized by Pennekamp in col 2, line 23 – col 3, line 4.
Allowable Subject Matter
If the rejections under 35 USC 112(b) are overcome, claims 5-7 would be objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
See attached Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB A SMITH whose telephone number is (571) 272-3974 and email address is Jacob.Smith@uspto.gov. The examiner can normally be reached on M-F 7:30AM - 5:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached at (571) 270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACOB A SMITH/Examiner, Art Unit 3731