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 § 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shmilovich et al. (US 2023/0332933) hereinafter known as Shmilovich.
With regards to claim 12 and 2, Shmilovich discloses a system for operating a clean-in-place (CIP) apparatus (Abstract; a multi-sensor device is for monitoring in real time a flowing fluid substance)([0047]; “The sensor devices 27 used in the monitoring systems shown in FIGS. 2 and 3 can be used to identify when a maintenance/cleaning (e.g., CIP—Clean-In-Place) procedures are done…”) and methods for monitoring maintenance and dispensing/delivery of fluids (e.g., beverages, water, chemical, gases) to ensure that the fluid is dispensed with proper properties, configured to perform a cleaning routine on equipment ([0047]; maintenance/cleaning (e.g., CIP—Clean-In-Place) procedures) [0062]([0067] teaches the cleaning of pipelines.), the cleaning routine comprising a plurality of cleaning stages [0067][0068], the system and method comprising:
one or more sensors [0009][0066] coupled to the equipment by a fluid carrier configured to support passage of fluid ([0045]; “These sensor devices can be configured to connect to the fluid pipes/conduits 23, attach to the walls of the pipes/conduits 23,…”)
wherein the one or more sensors are configured to generate first data representing measurements on the fluid ([0050]; “…signals/data indicative of the color of served beverages (e.g., beer) is also generated by the monitoring system 20 or 30,… the optical absorbance or transmittance of the dispensed beverage is determined utilizing different light wavelength…”)([0062]; Fig. 3; step S2);
a controller ([0048]; control unit 24) configured to:
process the first data to determine second data indicative of a characteristic of the fluid ([0048]; “The control unit 24 can collect in real-time and on-site the measurement signals/data from the sensor devices 27, and immediately process the same to generate respective indications and/or control signals.”)([0062]; “The collected measurement signals/data is processed and analyzed in step S2 to determine measured properties and/or conditions that affect the quality of the dispensed/delivered fluid…”)[0067] and
control, based on the second data indicative of the characteristic of the fluid ([0062]; “In step S3 analysis routines and preferences are used by the systems for fluid (e.g., beverage) maintenance, system cleaning, and other routine procedures thereof. Step S4 determines based on the different analysis and data processing improved quality control procedures for the different fluid dispensing/delivery systems from which the signals/data been collected.”), the CIP apparatus in real time [0034] as the CIP apparatus performs a first cleaning stage ([0067]; rinsing stage P10) of the plurality of cleaning stages on the equipment ([0067][0068]; rinsing stage P10, pipeline cleaning stage P12, final rinsing stage P14), wherein
Shmilovich do not specifically disclose controlling the CIP apparatus comprises causing the CIP apparatus to stop the first cleaning stage. However, the reference teaches that during the rinsing stage P10, the pipelines are being rinsed ([0055][0056] teaches the use of CIP solutions) based on readings from the sensors and rinse timer (t1) that is activated during the initial rinsing stage [0067]. [0068] teaches that for step P12, the pipelines of the dispensing/delivery system are being cleaned by a solution and the solution is identified by the type of solution, based on the readings from the optical, and/or pH, electrical conductivity sensors, a second cleaning timer (t2) is then activated during the pipelines cleaning stage [0068]. It would have been obvious to one of ordinary skill within the art to have rinsing stage’s P10 rinse timer P11 to stop at a specific time that would allow the transition to the pipeline cleaning stage P12. The motivation is to stop the rinsing stage P10 and allow the pipeline cleaning stage P12 to rinse and clean CIP residue from the said pipelines.
With regards to claim 13 and 3, Shmilovich discloses the system and method of claim 12 and 2, wherein controlling the CIP apparatus further comprises causing the CIP apparatus to initiate a second cleaning stage ([0068]; pipeline cleaning stage P12) of the plurality of cleaning stages upon completion of the first cleaning stage ([0067]; initial rinsing stage P10).
With regards to claim 14 and 4, Shmilovich discloses the system and method of claim 12 and 2, wherein the controller is further configured to determine whether the fluid is deemed to be sufficiently clean based on the second data indicative of the characteristic of the fluid, wherein controlling the CIP apparatus comprises causing the CIP apparatus to stop the first cleaning stage if the fluid is deemed to be sufficiently clean. [0071]
With regards to claim 15 and 5, Shmilovich do not specifically disclose the system and method of claim 14 and 4, wherein determining whether the fluid is deemed to be sufficiently clean comprises comparing the second data to a threshold value. However, the reference [0069] teaches “After system maintenance is completed, the system can check in step P16 the state of the pipelines (e.g., based on the readings from the optical, and/or pH, electrical conductivity sensors). Further, [0071] teaches “ If it is determined in step P16 that state of the pipelines is good, the system can pass the control to step P1, for carrying out fluid dispensing/delivery.” Also, [0066] teaches “The state/condition of the fluid can be determined by sensor data generated by an optical sensor and/or the electrical conductivity sensor. The sensors are used to determine if the fluid is in a good state/condition. It would have been obvious to one of ordinary skill within the art to establish threshold values for the system/sensors for the purpose of determining if the fluid is good/cleaned and if not cleaned, repeat the cleaning process.
With regards to claim 16 and 6, Shmilovich do not disclose the system and method of claim 12 and 2, wherein controlling the CIP apparatus comprises causing the CIP apparatus to stop the first cleaning stage upon passage of a margin of error of additional wash time. ([0069]; “…the system can decide to repeat the cleaning steps P12-P13 and the final rinsing steps P14-P15 of the maintenance, and recommend different time durations t2′ and/or t3′, … for these steps to obtain the desired results… the system can decide to repeat the entire maintenance process of steps P10-P15, and recommend different time durations t1′, t2′ and/or t3′, … for these steps to obtain the desired results.”; This rejection is in view of claim 12 and 2 based on the stopping of the rinsing stage P10)
With regards to claim 17 and 8, Shmilovich discloses the system and method of claim 12 and 2, wherein the one or more sensors comprise optical sensors, and wherein the first data represent optical measurements on the fluid performed by the one or more optical sensors. [0009][0066][0074]
With regards to claim 18 and 9, Shmilovich discloses the system and method of claim 12 and 2, wherein the one or more sensors comprise a first sensor (Fig. 12; flowrate 56p) positioned upstream from the equipment and a second sensor (Fig. 12; pressure sensor 56f) positioned downstream from the equipment, and wherein the first data represent a change in a characteristic of the fluid as passing through the first sensor [0037][0067][0078] and the fluid as passing through the second sensor [0013][0076][0086].
With regards to claim 19 and 10, Shmilovich discloses the system and method of claim 12 and 2, wherein processing the first data to determine second data indicative of the characteristic of the fluid comprises determining whether the fluid contains a target substance. [0016][0048][0059]
With regards to claim 20 and 11, Shmilovich discloses the system and method of claim 12 and 2, wherein the characteristic of the fluid comprises at least one selected from the group consisting of a concentration of a target substance, a color of the fluid, a turbidity of the fluid [0016][0050][0051].
With regards to claim 21, Shmilovich discloses the system of claim 12, further comprising a housing ([0072]; Fig. 6; 50) removably attachable to the fluid carrier ([0045]; “These sensor devices can be configured to connect to the fluid pipes/conduits 23, attach to the walls of the pipes/conduits 23, barrels/kegs 22b, or valves 21v, and/or to be integrated into the walls of the pipes/conduits 23, barrels 22b, or valves 21v.”)[0072] in correspondence with a sight glass ([0074]; “…comprises at least one optical inspection window (defined by an opening, or transparent wall section) 52n, for passage of optical signals therethrough.”), wherein the housing defines a first cavity ([0074; optical sensor structure 52c), wherein at least one sensor of the one or more sensors is disposed in the first cavity of the housing and is aligned with the sight glass [0074].
With regards to claim 22, Shmilovich discloses the system of claim 21, wherein the housing comprises a first housing member ([0073]; lid 50d)([0072]; bottom shell package portion 50s), a second housing member ([0073]; top packing shell 50r), and a latching mechanism ([0073]; latch mechanism 50h) configured to latch the first housing member to the second housing member. [0072][0073]
With regards to claim 23 and 7, Shmilovich discloses the system and method of claim 12 and 2, wherein controlling the CIP apparatus comprises overriding a time-based execution of the first cleaning stage. (see the rejection of claim 12)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bennett et al. (US 2019/0062178)
Khan et al. (US 2022/0135434)
Lindstrom et al. (US 2026/0035267)
Tokhtuev et al. (US 2016/0258870)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUGH H MAUPIN whose telephone number is (571)270-1495. The examiner can normally be reached M-F 7:30 - 5:00 pm.
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/HUGH MAUPIN/ Primary Examiner, Art Unit 2884