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 .
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 2 is/are rejected under 35 U.S.C. 102(a)(2) as being unpatenable over Meura (EP 2,764,080).
In claim 2, Meura discloses the invention as claimed including a brewing plant, comprising a hot water storage device (figure 2 “eau de process”), including a high temperature portion and a low temperature portion,
at least one high temperature water inlet, at least one high temperature water outlet, at least one low temperature water inlet, at least one low temperature water outlet (generally inlet and outlet);
a mash container (OP1)
a lauter tun or a mash filter flow (OP2) connected with the mash container by a mash conduit (directional arrows);
a wort kettle (OP4), including a lauter wort inlet, a wort outlet, and an exhaust vapor condenser (generally reservoir adjacent to black box in figure 2) including a low temperature water connection and a high temperature water connection,
wherein the lauter wort inlet is directly or indirectly connected through a lauter wort conduit with the wort cooler (OP6), where the wort is transferred to the mash filter.
wherein the hot water storage device includes at least one first hot water storage container OP1, or comprised of a high temperature portion and at least one second hot water storage container that includes or forms the low temperature portion (see figure 4 and para. 0009-0015.).
Claim Rejections - 35 USC § 103
Claim(s) 1,3-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Meura.
In claims 1,3,9 and 10, Meura discloses a brewing plant, comprising a hot water storage device (figure 2 “eau de process”), including a high temperature portion and a low temperature portion,
at least one high temperature water inlet, at least one high temperature water outlet, at least one low temperature water inlet, at least one low temperature water outlet (generally inlet and outlet);
a mash container (OP1), capable of being connected by a common connection,
a lauter tun or a mash filter flow (OP2) connected with the mash container by a mash conduit (directional arrows);
a wort kettle (OP4), including a lauter wort inlet, a wort outlet, and an exhaust vapor condenser (generally reservoir adjacent to black box in figure 2) including a low temperature water connection and a high temperature water connection,
wherein the lauter wort inlet is directly or indirectly connected through a lauter wort conduit with the lauter tun or the mash filter (see directional arrows),
wherein the at least one low temperature water outlet of the hot water storage device is connected with the low temperature water connection of the exhaust vapor condenser and the high temperature water inlet of the hot water storage device is flow connected with the high temperature water connection of the exhaust vapor condenser,
wherein the hot water storage device includes at least one first hot water storage container OP1, which includes or forms the high temperature portion and at least one second hot water storage container that includes or forms the low temperature portion
What Meura does not disclose is the use of the hot water storage comprised of two storage containers and the connection to the mash inlet. However, Meura in a further emobiment teaches that it is old ad well known in the art of brewing to provide a hot water storage device configured as an arrangement of two or more hot water storage containers (eau de process) that is flow connected through a fresh water conduit with a fresh water storage, and wherein the at least one high temperature water outlet of the hot water storage device is flow connected through a mash water conduit with a hot water inlet of the mash container/filter (see figure 3).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to provide the embodiment of Meura with the storage and routing requirements as taught by Meura in a further embodiment for the purpose of recapturing a heated process medium to reduce manufacturing costs.
In claims 4-8, The modified invention of Meura discloses the invention as claimed including various optimal fluid temperatures during the brewery process. What Meruea does not disclose is the utilization of temperatures of the fluid at various process steps from 90-99C for the purpose of manufacturing an brewed beverage. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have provided Meura with the temperature range. This range is week known in the brewer business and is needed to assist in removing the wort from the utilized grains.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Back, Wolter, Knudsen and Michel have been cited to show the state of the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL R DURAND whose telephone number is (571)272-4459. The examiner can normally be reached M-F 730-400.
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.
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.
/PAUL R DURAND/Supervisory Patent Examiner, Art Unit 3754 August 25, 2026
Prosecution Insights