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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07/10/2026 has been entered.
Response to Amendment
Claims 1-20 are pending.
Claims 14-20 are withdrawn.
Claims 1-2, 5, 7, and 9 are pending.
In view of the amendment, filed on 07/10/2026, the following rejections are withdrawn from the previous office action, mailed on 04/08/2016.
Rejection of claims 1 and 4-8 under 35 U.S.C. 103 as being unpatentable over Treffer et al. (US 2016/0185012).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 non-obviousness.
Claim(s) 1 - 10 are rejected under 35 U.S.C. 103 as being unpatentable over Treffer et al. (US 2016/0185012) in view of Gasior et al. (US 3,753,637).
Treffer et al. (US ‘012) discloses an apparatus for manufacturing pellets (equivalent to an extrusion apparatus), and specifically discloses the following technical features (see paragraphs [0068]-[0129] and Figures 1-13 of the description).
As to claim 1, Treffer et al. (US ‘012) discloses an apparatus for producing pellets selected from the group consisting of food pellets, plastic pellets, dietary supplement pellets, and pharmaceutical pellets, 1.c., for the continuous production of solid food supplements or pharmaceutical preparations. The extrusion apparatus comprising:
a perforated plate (104) (equivalent to an extrusion die), the perforated plate (104) comprising at least one orifice (106) having specific cross-sectional dimensions and shape;
a cutter (108), arranged in front of the orifices (106) and comprising pelletizing blades (1002), wherein the pelletizing blade (1002) is configured to cut pellets from the material strands exiting the orifices (106);
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A cooling fluid outlet (outlet generating the cooling fluid 108) configured to guide a flow of cooling fluid onto the orifice in a vertical or angled direction (p 17,119 - p 31,130 and fig 1-12); and a transportation fluid outlet configured to guide a flow of transportation fluid.
Treffer et al. (US ‘012) is silent on explicitly disclosing the flow of transportation fluid laterally passed over the die in front of the orifice, as claimed in claim 1.
However, it would have been obvious for one of ordinary skill in the art, prior to the time of applicant’s invention, to alter a flow of transportation fluid, as taught by Treffer et al. (US ‘012), so to laterally passes over the die in front of the orifice in order to more efficiently provide an interaction between viscosity forces and surface forces which results in improving the produced food products. Further, it should be noted that such limitations are more directed to the manner in which a claimed apparatus is to be utilized and therefore it is not germane to the issue of patentability of the machine itself.
Further, Treffer et al. (US ‘012) fail to disclose the cutter and the cooling fluid outlet are arranged on a common movable carrier that allows movement of the cutter and the cooling fluid outlet, as claimed in claim 1.
Moreover, Treffer et al. (US ‘012) fail to disclose an additional means to generate an additional flow of cooling fluid through a fluid outlet onto the cutter at a position removed from the orifice, as claimed in claims 2-3 and 9.
In the analogous art, Gasior et al. (US ‘637) discloses a cooling-knife type hot-melt granulator, and specifically discloses the following technical feature (see columns 2-5 of the description, Figures 1-5) the apparatus further comprises an additional device for generating an additional cooling fluid flow through a fluid outlet onto the blade 55 (corresponding to the cutter) at a position removed from the orifices. The technical feature in Gasior et al. (US ‘637) serves the same function as in the present invention in solving its technical problem, namely, for cooling the cutter. In other words, Gasior et al. (US ‘637) provides a technical teaching. As for the specific direction in which the fluid is introduced, a vertical or angled direction is likewise a conventional arrangement.
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As to claim 1, Gasior et al. (US ‘637) teach the cutter (8, col. 2, line 40), the cooling fluid outlet (nozzle assembly 10, col. 4, lines 13-24) are arranged on a common movable carrier (a movable housing 14, col. 2, lines 47-49) that allows movement of the cutter (8, col. 2, line 40), the cooling fluid outlet (nozzle assembly 10, col. 4, lines 13-24) in front of the extrusion die (die plate 7 with passageways 27, col. 3, lines 2-6) between an idle position, removed from the at least one orifice (passageways 27, col. 3, lines 2-6), and an operative position, where a cooling air flow is directed onto the at least one orifice (passageways 27, col. 3, lines 2-6) when in operation, and where the cutter (8, col. 2, line 40) pelletizes the material strand exiting the at least one orifice when in operation. (col. 3, lines 1-6, and Fig. 3)
As to claim 2, Gasior et al. (US ‘637) teach an additional cooling fluid outlet configured to guide an additional flow of cooling fluid onto the cutter at a position removed from the orifice. (See Fig. 3)
As to claim 3, Gasior et al. (US ‘637) disclose further comprising a source of fluid pressure and/or fluid ducts connected to the cooling fluid outlet and the additional cooling fluid outlet. (See Fig. 3)
As to claim 9, Gasior et al. (US ‘637) disclose the cutter (8, col. 2, line 40), the cooling fluid outlet (nozzle assembly 10, col. 4, lines 13-24) and the additional cooling fluid outlet are arranged on a common movable carrier (a movable housing 14, col. 2, lines 47-49) that allows movement of the cutter (8, col. 2, line 40), the cooling fluid outlet (nozzle assembly 10, col. 4, lines 13-24), and the additional cooling fluid outlet in front of the die (die plate 7 with passageways 27, col. 3, lines 2-6) between an idle position, removed from the orifice, and an operative position, where a cooling air flow is directed onto the orifice when in operation, and where the cutter pelletizes the material strand exiting the orifice when in operation. (col. 3, lines 1-6, and Fig. 3)
It would have been obvious for one of ordinary skill in the art, prior to the time of Applicant’s invention, to modify the extrusion apparatus as taught by Treffer et al. (US ‘012), through arranging the cutter and the cooling fluid outlet on a common movable carrier to allow movement of the cutter and the cooling fluid outlet in order to provide pelletizing equipment which may be easily assembled and disassembled without special procedure, as suggested by Gasior et al. (US ‘637): col. 1, lines 35-37.
Further, It would have been obvious for one of ordinary skill in the art, prior to the time of Applicant’s invention, to modify the extrusion apparatus as taught by Treffer et al. (US ‘012), through providing an additional means to generate an additional flow of cooling fluid through a fluid outlet onto the cutter at a position removed from the orifice in order to in order to maximize contact of the coolant with the blades and to utilize centrifugal force through the remainder of the revolution toward the die face to fling off excess coolant, as suggested by Gasior et al. (US ‘637): col. 1, lines 56-59.
As to claim 10, Treffer et al. (US ‘012) disclose the cooling air flow is directed into the pelletizing knives (1002) of the cutter (108) at the operative position where the cutter (108) pelletizes the material strand.
Claims 11 - 13 are rejected under 35 U.S.C. 103 as being unpatentable over Treffer et al. (US 2016/0185012) in view of Gasior et al. (US 3,753,637) and further in view of Yoshinobu et al. (JP H07249538), the prior art submitted by Applicant.
As to claims 11, 12, and 13, modified Treffer et al. (US ‘012) disclose the cooling fluid (108) is configured to flow along a cooling flow axis, and the material strand is configured to be extruded through the at least one orifice via an exit axis, however, fail to disclose the cooling flow axis is oriented at an angle of less than 60° relative to the exit axis, as claimed in claim 11, also fail to disclose the cooling flow axis and the exit axis are substantially anti-parallel, as claimed in claim 12, and further, fail to disclose the cooling flow axis and the exit axis are substantially colinear, as claimed in claim 13.
In the analogous art, Yoshinobu et al. (JP ‘538) disclose the cooling fluid is configured to flow along a cooling flow axis, and the material strand is configured to be extruded through at least one orifice along an outlet axis, wherein the cooling flow axis is oriented at an angle relative to the outlet axis. An orientation of the cooling flow axis relative to the outlet axis at an angle of less than 60°, less than 45°, or less than 30° is a conventional parameter setting.
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Yoshinobu et al. (JP ‘538) disclose the cooling fluid is configured to flow along a cooling flow axis, and the material strand is configured to be extruded through the at least one orifice via an exit axis, wherein the cooling flow axis is oriented at an angle of less than 60° relative to the exit axis, as claimed in claim 11, and the cooling flow axis and the exit axis are substantially anti-parallel, as claimed in claim 12, and moreover, the cooling flow axis and the exit axis are substantially colinear, as claimed in claim 13.
It would have been obvious for one of ordinary skill in the art, prior to the time of applicant’s invention, to modify the means to generate a flow of cooling fluid through a fluid outlet, as taught by Treffer et al. (US ‘012), through orienting a cooling flow axis to be at an angle of less than 60° relative to the exit axis or through orienting a cooling flow axis and the exit axis to be substantially anti-parallel or through orienting cooling flow axis and the exit axis to be substantially colinear in order to improve the workability of the apparatus through increasing the molding speed which greatly contributes to the mass productivity, as suggested by Yoshinobu et al. (JP ‘538): see ¶ [0005].
Response to Arguments
Applicant’s arguments, filed on 07/10/2026, with respect to claim(s) 1-13 have been considered but are moot in view of the above new grounds of the rejections.
Applicant’s arguments that the newly added limitations to claim 1 is not covered by the cited prior art of Treffer et al. (US ‘012) and Gasior was not found persuasive.
As it has been clarified above in the body of the rejection, Treffer et al. (US ‘012) fail to disclose the cutter and the cooling fluid outlet are arranged on a common movable carrier that allows movement of the cutter and the cooling fluid outlet, as claimed in amended claim 1. However, Gasior et al. (US ‘637) teach the cutter (8, col. 2, line 40), the cooling fluid outlet (nozzle assembly 10, col. 4, lines 13-24) are arranged on a common movable carrier (a movable housing 14, col. 2, lines 47-49) that allows movement of the cutter (8, col. 2, line 40), the cooling fluid outlet (nozzle assembly 10, col. 4, lines 13-24) in front of the extrusion die (die plate 7 with passageways 27, col. 3, lines 2-6) between an idle position, removed from the at least one orifice (passageways 27, col. 3, lines 2-6), and an operative position, where a cooling air flow is directed onto the at least one orifice (passageways 27, col. 3, lines 2-6) when in operation, and where the cutter (8, col. 2, line 40) pelletizes the material strand exiting the at least one orifice when in operation. (col. 3, lines 1-6, and Fig. 3)
Therefore, rejections of claims 1-13 are appropriately maintained for the reasons discussed above in the body of the rejection.
Finally, after a full review of the submitted remarks in view of prior art rejections, it has been concluded that there are differences in interpreting the claimed subject matter and the cited references by the Applicant and the Office. Therefore, Examiner would like to suggest that if Applicant’s Counsel believes an interview can benefit the prosecution of the instant application, Applicant’s Counsel is kindly invited to contact the undersigned examiner.
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lipscomb (US 2016/0346981) discloses the cutter and the cooling fluid outlet are arranged on a common movable carrier that allows movement of the cutter and the cooling fluid outlet, as claimed in claim 1. (See Fig. 2)
Correspondence Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEYED MASOUD MALEKZADEH whose telephone number is (571)272-6215. The examiner can normally be reached M-F 8:30AM-5:00PM.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SUSAN D. LEONG can be reached at (571)270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEYED MASOUD MALEKZADEH/Primary Examiner
Art Unit 1754 09/30/2026
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