DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
This Action is in response to the Request for Continued Examination filed 06/11/2026.
The status of the Claims is as follows:
Claims 8, 19 have been cancelled;
Claims 1, 10, 11, 18 have been amended;
Claims 1-7, 9-18 and 20 are pending and have been examined.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/11/2026 has been entered.
Claim Interpretation
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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 1-7, 9-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Forestelli (US 20170299455) in view Griesbeck et al. (US 5729340; Griesbeck)
Regarding Claim 1 Forestelli discloses an installation (100) for producing containers filled with a liquid (par 15), comprising at least one transport device (130) configured to transport containers (30) along a predetermined transport path, comprising a filling device (115) configured to fill the containers (30), comprising a closure device (120) configured to close the filled containers (30), and an inspection device (10) that inspects the filled and closed containers (155), wherein said inspection device (10) is arranged downstream (Fig. 5) of the closure device (120) along the transport path, wherein the inspection device (10) is configured to output at least one measured value which is characteristic of a composition of the filling product (par 4, 40, 155, 218, 219) filled into the containers (30), wherein the installation has a spectrometer (par 9, 11, 91-92) and/or a monochromator (par 18) and/or a radiation device having a variable emission spectrum (par 18, 21-24)
However Forestelli does not expressly disclose the installation has a discharge device which is arranged downstream of the inspection device in the transport direction of the containers and which is configured to discharge containers from the transport path, taking into account a result output by the inspection device wherein the inspection device is configured for real time online inspection of the containers.
Griesbeck teaches an installation that includes an inspection station (abstract; Col 1 lines 1-5). Griesbeck further teaches the installation has a discharge device which is arranged downstream of the inspection device in the transport direction of the containers and which is configured to discharge containers from the transport path, taking into account a result output by the inspection device wherein the inspection device is configured for real time online inspection of the containers removing containers with undesirable inspection results from product flow for the purposes of improving the efficiency of the apparatus. (Col 2 line 50- Col 3 line 14) of Griesbeck suggests that such a modification removes containers with undesirable inspection results from product flow for the purposes of improving the efficiency of the apparatus.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the installation taught by Forestelli to include a discharge device which is arranged downstream of the inspection device in the transport direction of the containers and which is configured to discharge containers from the transport path, taking into account a result output by the inspection device wherein the inspection device is configured for real time online inspection of the containers as taught by Griesbeck since (Col 2 line 50- Col 3 line 14) of Griesbeck suggests that such a modification removes containers with undesirable inspection results from product flow for the purposes of improving the efficiency of the apparatus.
Regarding Claim 2 Forestelli in view of Griesbeck discloses the invention as described above. Forestelli further discloses the inspection device (10) is configured to inspect for inspecting the beverage containers during their transport. (par 51, 64, 108)
Regarding Claim 3 Forestelli in view of Griesbeck discloses the invention as described above. Forestelli further discloses the measured value is characteristic of a property of the liquid which a concentration of a substance, and a concentration of components of the liquid. (par 78-80, 141, 218)
Regarding Claim 4 Forestelli in view of Griesbeck discloses the invention as described above. Forestelli further discloses the measured value to be output is selected from a group of measured values. (par 212- 213)
Regarding Claim 5 Forestelli in view of Griesbeck discloses the invention as described above. Forestelli further discloses the inspection device (10) has a radiation device (11) configured to direct radiation on- to the containers and a radiation detector device (12) configured to detect the radiation passing through the containers (30).
Regarding Claim 7 Forestelli in view of Griesbeck discloses the invention as described above. Forestelli further discloses the installation has an evaluation device configured to evaluate the measured values output by the inspection device. (par 179-184)
Regarding Claim 9 Forestelli in view of Griesbeck discloses the invention as described above. Forestelli further discloses the installation
However, Forestelli does not expressly disclose the installation has at least one further inspection device which is configured to inspect the filled containers.
Griesbeck teaches an installation that includes an inspection device (Col 2 - Col 3). Griesbeck further teaches the installation has at least one further inspection device which is configured to inspect the containers providing additional inspection improving the efficiency of the apparatus. (Col 5 lines 10-30)
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the installation taught by Forestelli to include the installation has at least one further inspection device which is configured to inspect the filled containers as taught by Griesbeck since (Col 5 lines 10-30) of Griesbeck suggests that such a modification provides additional inspection improving the efficiency of the apparatus.
Regarding Claim 11 Forestelli in view of Griesbeck discloses a method for producing liquid containers, wherein a transport device (130) transports containers (30) along a predetermined transport path and a filling device (110) fills the containers (30) and a closure device (120) closes the filled containers (30), and an inspection device (10) inspects the filled and closed containers, wherein said inspection device (10) is arranged downstream (Fig. 5) of the closure device (120) along the transport path, wherein the inspection device (10) outputs at least one measured value which is characteristic of a composition of the filling product filled into the containers. (par 155)
However Forestelli does not expressly disclose the installation has a discharge device which is arranged downstream of the inspection device in the transport direction of the containers and which is configured to discharge containers from the transport path, taking into account a result output by the inspection device wherein the inspection device is configured for real time online inspection of the containers.
Griesbeck teaches an installation that includes an inspection station (abstract; Col 1 lines 1-5). Griesbeck further teaches the installation has a discharge device which is arranged downstream of the inspection device in the transport direction of the containers and which is configured to discharge containers from the transport path, taking into account a result output by the inspection device wherein the inspection device is configured for real time online inspection of the containers removing containers with undesirable inspection results from product flow for the purposes of improving the efficiency of the apparatus. (Col 2 line 50- Col 3 line 14) of Griesbeck suggests that such a modification removes containers with undesirable inspection results from product flow for the purposes of improving the efficiency of the apparatus.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the installation taught by Forestelli to include a discharge device which is arranged downstream of the inspection device in the transport direction of the containers and which is configured to discharge containers from the transport path, taking into account a result output by the inspection device wherein the inspection device is configured for real time online inspection of the containers as taught by Griesbeck since (Col 2 line 50- Col 3 line 14) of Griesbeck suggests that such a modification removes containers with undesirable inspection results from product flow for the purposes of improving the efficiency of the apparatus.
Regarding Claim 12 Forestelli in view of Griesbeck discloses the invention as described above. Forestelli further discloses the inspection device inspects the containers during movement of the containers. (par 51, 64, 108)
Regarding Claim 13 Forestelli in view of Griesbeck discloses the invention as described above. Forestelli further discloses radiation device (11) directs radiation onto the containers and a detector device (12) detects radiation passing through the containers.
Regarding Claim 14 Forestelli in view of Griesbeck discloses the invention as described above. Forestelli further discloses the inspection device carries out a spectroscopic measurement. (par 9, 11, 91-92)
Regarding Claim 15 Forestelli in view of Griesbeck discloses the invention as described above. Forestelli further discloses the measured values recorded by the inspection device are compared with comparative values. (par 179-184)
Regarding Claim 16 Forestelli in view of Griesbeck discloses the invention as described above. Forestelli further discloses the installation
However, Forestelli does not expressly disclose the installation has a further inspection device which is configured for inspecting the containers.
Griesbeck teaches an installation for producing containers including an inspection device. Griesbeck further discloses the installation has a further inspection device which is configured for inspecting the containers providing additional quality control measures for the purposes of improving the efficiency of the apparatus. (Col 1 lines 40-56, Col 2 lines 42-45, 64- Col 3 line 1)
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the installation of Forestelli with the second inspection device of Griesbeck since Col 1 lines 40-56, Col 2 lines 42-45, 64- Col 3 line 1 of Griesbeck suggests that such a modification provides additional quality control measures for the purposes of improving the efficiency of the apparatus.
Regarding Claim 17 Forestelli in view of Griesbeck discloses the invention as described above. Forestelli further discloses the installation
However, Forestelli does not expressly disclose the installation has a further inspection device is configured to check the container itself for defects in the container, the presence of foreign bodies in the container, or a filling level of the filling product.
Griesbeck teaches an installation for producing containers including an inspection device. Griesbeck further discloses the installation has a further inspection device is configured to check the container itself for defects in the container providing additional quality control measures for the purposes of improving the efficiency of the apparatus. (Col 1 lines 40-56, Col 2 lines 42-45, 64- Col 3 line 1)
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the installation of Forestelli with the second inspection device of Griesbeck since Col 1 lines 40-56, Col 2 lines 42-45, 64- Col 3 line 1 of Griesbeck suggests that such a modification provides additional quality control measures for the purposes of improving the efficiency of the apparatus.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Forestelli (US 20170299455) in view Griesbeck (US 5729340) and further in view of Piana (US 20120032364)
Regarding Claim 10 Forestelli in view of Griesbeck discloses the invention as described above. Forestelli further discloses the installation
However, Forestelli does not expressly disclose the installation has an assigning device which is configured to assign to an inspected container, which filling device has filled that particular container.
Piana teaches an installation that produces a container that includes an inspection device. Piana further teaches the installation has an assigning device which is configured to assign to an inspected container, which filling device has filled that particular container providing automatic adjustment for the installation for the purposes of improving the efficiency of the apparatus. (par 54-55, 68-69; 82-86)
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the apparatus to modify the installation of Forestelli to include an assigning device as taught by Piana since par 54-55, 68-69; 82-86 of Piana suggests that such a modification provides automatic adjustment for the installation for the purposes of improving the efficiency of the apparatus.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Forestelli (US 20170299455) in view Griesbeck (US 5729340) and further in view of Cochran et al. (US 20070107801)
Regarding Claim 18 Forestelli in view of Griesbeck discloses the invention as described above. Forestelli further discloses the installation
However, Forestelli in view of Griesbeck does not expressly disclose the determination of at least one measured value and the determination of a plurality of the measured values of filling product, and/or the determination of data from the measured values generated by the inspection device or data derived therefrom is based on machine learning methods.
Cochran teaches an installation for producing containers that includes an inspection device that outputs at least one measured value. Cochran further teaches the determination of at least one measured value and the determination of a plurality of the measured values of filling product, and/or the determination of data from the measured values generated by the inspection device or data derived therefrom is based on machine learning methods providing quality control devices for the purposes of improving the efficiency of the apparatus. (par 53, 64, 70)
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the installation of Forestelli to include determining data based on machine learning methods as taught by Cochran since par 53, 64, 70 suggests that such a modification provides quality control devices for the purposes of improving the efficiency of the apparatus.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Forestelli (US 20170299455) in view Griesbeck (US 5729340) and further in view of Gyula (US 20100116026)
Regarding Claim 20 Forestelli in view of Griesbeck discloses the invention as described above. Forestelli further discloses the installation
However, Forestelli in view of Griesbeck does not expressly disclose the filling device has a first reservoir configured for storing a first component of a beverage and a second reservoir configured for storing a second component of a beverage.
Gyula teaches an installation for producing containers that includes an inspection device and a filling device. Gyula further teaches the filling device has a first reservoir configured for storing a first component of a beverage and a second reservoir configured for storing a second component of a beverage providing dispensing devices for precise control of beverage components for the purposes of improving the efficiency of the apparatus. (par 54, 58)
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the filling device of Forestelli to include a first reservoir and a second reservoir as taught by Gyula since par 54, 58 of Gyula suggests that such a modification provides dispensing devices for precise control of beverage components for the purposes of improving the efficiency of the apparatus.
Response to Arguments
Applicant's arguments filed 06/11/2026 have been fully considered but they are not persuasive.
Applicant’s Argument: Griesbeck does not teach “the inspection device is configured for real time online inspection of the containers”.
Examiner’s Response: At Col 2 lines 50- Col 3 line Griesbeck discloses the following:
“ Bottles that fail sidewall inspection or contour, height and/or color inspection are automatically ejected by actuation of ejection device 31 when any unacceptable bottle becomes aligned with ejection device 31. A container 32 is provided for collecting unacceptable bottles which are ejected. Ejector devices are well known and need not be described in great detail. Basically, the ejector device 31 is activated at the end of a time delay interval which allows the unacceptable bottle to travel the distance from the inspection zone to the ejector device. Triggering the two cameras 3 and 15 and ejection device 31 occurs when a bottle 5 cuts the light beam of a photodetector 33 which precedes inspection station 1 and which takes into account a delay interval whose length depends on the speed of bottle conveyance.” (emphasis added)
The Examiner interprets the ejection device operating according to the speed of the conveyor and the triggering of the sensors as “inspection device is configured for real time online inspection of the containers”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHINYERE J RUSHING-TUCKER whose telephone number is (571)270-5944. The examiner can normally be reached 4 pm - 11:59 pm Monday - Friday.
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/CHINYERE J RUSHING-TUCKER/Examiner, Art Unit 3731
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