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 .
Election/Restrictions
Applicant's election with traverse of Group I (claims 24-38) in the reply filed on May 04, 2026 is acknowledged. The traversal is on the ground(s) that the method claims of Group II have been amended to specifically recite using the device of claim 24 of Group I. Accordingly. There is unity of invention between the method claims of Group II and the device claims of Group I, so that both groups should be examined in the application. This argument is found persuasive and claims 39-45 (the previously claim 46 of Group II has been canceled) of Group II are hereby rejoined and fully examined for patentability under 37 CFR 1.104.
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statement (IDS) is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: a direction Q (figs. 1-2).
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the drawing of “strainer bars (claim 31”, “a recovery device (claim 32)”, “a housing or casing (claim 33)”, “an aspiration device (claim 34)”, “an inert gas supply (claim 35)”, “a trub shearing device (claim 36)”, “water cooled drives (claim 37)”, and “breaker rings and/or cake breaker (claim 38)” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
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.
If claim limitations in this application that use the word "means" (or "step"), they 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, if claim limitations in this application that do not use the word "means" (or "step"), they 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 § 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.
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 24-26, 32-34, and 39 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Borjesson et al. (hereinafter “Borjesson”) (US 2005/0160923 A1).
Regarding claim 24, Borjesson discloses a device for pressing configured as a screw press (1), comprising: a worm shaft (3); a pressing chamber (fig. 1) in which a pressed material or pressed cake is pressable by the worm shaft (3) (see para. 15); a strainer basket (see the drawing #1 below) that bounds the pressing chamber in a radial direction; and means for supplying (11) an extraction agent (see para. 22) into the pressing chamber, the extraction agent being a fat dissolver (see “a fat and/or protein dissolving washing agent” in para. 19 and 22).
Drawing #1:
PNG
media_image1.png
248
438
media_image1.png
Greyscale
Regarding claim 25, the device for pressing according to claim 24, wherein the means for supplying the extraction agent are configured to supply the extraction agent in a liquid state (see “liquid: in para. 16).
Regarding claim 26, the device for pressing according to claim 24, wherein the means for supplying an extracting agent includes an extracting agent source (10) and at least one extracting agent outlet (11) arranged so as to introduce the extracting agent into the pressing chamber (fig. 4).
Regarding claim 32, the device for pressing according to claim 24, further comprising a recovery device (see “recovered” in para. 21) for the extraction agent.
Regarding claim 33, the device for pressing according to claim 24, further comprising a housing or casing (5) that encapsulates the device for pressing in a gas-tight manner.
Regarding claim 34, the device for pressing according to claim 24, further comprising an aspiration device (4), which achieve a compression of a waste matter.
Regarding claim 39, a method for pressing, comprising the steps of:
introducing a pressed material (2) (see fig. 1) or a pressed cake through a feed opening (7) into a device according to claim 24 configured as a screw press (1);
transporting and pressing the pressed material or the pressed cake with the worm shaft through the pressing chamber so that a liquid is pressed out of the pressed material or the pressed cake, and the pressed liquid emerges from the pressing chamber through openings (40) (see para. 15);
providing an extraction agent from the means for supplying an extraction agent, wherein the extraction agent is a fat solvent (see para. 19 and 22);
supplying the extraction agent from the means for supplying the extraction agent into the press chamber in a liquid state (see para. 16, 19, 22); and
cooling the press cake and/or the pressed liquid with aid of the extraction agent and dissolving oil contained in the press cake (see “a fat and or protein dissolving washing agent” in para. 22), wherein the extraction agent with the dissolved oil emerges from the pressing chamber through openings and evaporates (see the last five lines of para. 15).
Claims 24-34, 36-40, and 45 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schulz (WO 2008/116457 A1).
Regarding claim 24, Schulz discloses a device for pressing configured as a screw press (fig. 1), comprising: a worm shaft (4, 7); a pressing chamber (22) in which a pressed material or pressed cake is pressable by the worm shaft (fig. 1); a strainer basket (2) that bounds the pressing chamber in a radial direction (fig. 1); and means for supplying (13-21) an extraction agent into the pressing chamber (fig. 1), the extraction agent being a fat dissolver (see “super critical carbon dioxide” in abstract, which is a fat dissolver).
Regarding claim 25, the device for pressing according to claim 24, wherein the means for supplying (13-21) the extraction agent are configured to supply the extraction agent in a liquid state (see page 5, second paragraph of the English translation).
Regarding claim 26, the device for pressing according to claim 24, wherein the means for supplying an extracting agent (13-21) includes an extracting agent source (13) and at least one extracting agent outlet (21) arranged so as to introduce the extracting agent into the pressing chamber (fig. 20).
Regarding claim 27, the device for pressing according to claim 26, wherein the means for supplying an extracting agent (13-21) further includes an extracting agent line (fig. 2) that connects the extracting agent source (13) to the at least one extracting agent outlet (21), and at least one of an extracting agent valve (17-20), an extracting agent pump (15) and a heat exchanger (16) that is arranged in a region of the extracting agent line (fig. 2).
Regarding claim 28, the device for pressing according to claim 26, wherein the at least one extraction agent outlet (21) is configured and arranged so that the extraction agent is introduced into the pressing chamber close to the worm shaft (fig. 2).
Regarding claim 29, the device for pressing according to claim 26, further comprising a sealed region arranged at least in a region (see a “region 24” between the left throttle (6) and the right throttle (6) in fig. 2) immediately adjacent to the extraction agent outlet (21) in a conveying direction.
Regarding claim 30, the device for pressing according to claim 29, wherein the sealed region is formed by a tube (2) that delimits the pressing chamber in the radial direction (fig. 2).
Regarding claim 31, the device for pressing according to claim 29, wherein the sealed region (24) is formed so that openings between strainer bars in the sealed region(24) are at least partially sealed (see “the extruder zone (24) is an extruder area in a closed strainer provided” on page 4, paragraph 6 of the English translation).
Regarding claim 32, the device for pressing according to claim 24, further comprising a recovery device (see “The extract dissolved in the supercritical carbon dioxide is recovered” on page 2, first paragraph of the English translation) for the extraction agent.
Regarding claim 33, the device for pressing according to claim 24, further comprising a housing or casing (fig. 2) that encapsulates the device for pressing in a gas-tight manner (see “gas -tight” on page 4, fifth paragraph, last line of the English translation).
Regarding claim 34, the device for pressing according to claim 24, further comprising an aspiration device (see a cooling section (30) on page 5, sixth paragraph of the English translation. With the aid of the cooling section (30), the pre-pressed material is exposed to the ambient air and thereby cooled).
Regarding claim 36, the device for pressing according to claim 24, further comprising a trub shearing device (7).
Regarding claim 37, the device for pressing according to claim 24, further comprising water-cooled drives (14) (see “The cooler (14) can be realized as a cold water” on page 5, second paragraph, last line of the English translation).
Regarding claim 38, the device for pressing according to claim 24, further comprising a cake breaker (7) for opening the pressed cake before the pressed cake leaves the device.
Regarding claim 39, Schulz discloses a method for pressing, comprising the steps of:
introducing a pressed material or a pressed cake through a feed opening (9) into a device according to claim 24 configured as a screw press (1) (fig. 2);
transporting and pressing the pressed material or the pressed cake with the worm shaft through the pressing chamber so that a liquid is pressed out of the pressed material or the pressed cake, and the pressed liquid emerges from the pressing chamber through openings (see page 4 of the English translation, starting from the second paragraph);
providing an extraction agent from the means for supplying an extraction agent, wherein the extraction agent is a fat solvent (see the rejection of claim 24 above);
supplying the extraction agent from the means for supplying the extraction agent into the press chamber in a liquid state (see the rejection of claims 24-25 above); and
cooling the press cake and/or the pressed liquid with aid of the extraction agent and dissolving oil contained in the press cake, wherein the extraction agent with the dissolved oil emerges from the pressing chamber through openings and evaporates (see a cooling process on page 4, paragraphs 3-5 of the English translation).
Regarding claim 40, the method for pressing according to claim 39, wherein the extraction agent is at least partially non-polar (see “carbon dioxide” in the abstract, CO2 is a nonpolar molecule).
Regarding claim 45, the method for pressing according to claim 39, including introducing the extraction agent into the pressing chamber at a temperature of less than 70°C (see page 3, paragraph 3, which discloses the press have a temperature of at most 55°C).
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.
Claim 35 is rejected under 35 U.S.C. 103 as being unpatentable over Schulz in view of Banke et al. (hereinafter “Banke”) (DE 10 2015 116 626 B3).
Regarding claim 35, the device for pressing according to claim 24, Schulz discloses the invention substantially as claimed as set forth above. Schulz does not disclose the device includes an inert gas supply.
Banke discloses a device for pressing configured as a screw press having inert gas supply (74) connected to a promotion line (72) of the system (see page 10, paragraph 7 of the English translation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a promotion line of the extraction agent of Schulz with an inert gas supply, as taught by Banks, for safety reason.
Claims 41-43 are rejected under 35 U.S.C. 103 as being unpatentable over Schulz.
Regarding claim 41, Schulz discloses the invention substantially as claimed as set forth above. Schulz discloses the extraction agent has a vapor pressure of 20-50 bar at a temperature up to 20°C (see page 4, paragraph 3 of the English translation). Schulz does not expressly disclose the extraction agent has a vapor pressure of 1.1 to 7 bar at a temperature of 60°C. As the Applicant has not set forth any criticality to the selection of a vapor pressure of 1.1 to 7 bar at a temperature of 60°C, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make a vapor pressure of the extraction agent of Schulz of 1.1 to 7 bar at a temperature of 60°C, because such selection or determination would be the result of routine optimization and does not itself warrant patentability, as one would arrive at such optimization through routine engineering and design practice.
Regarding claims 42-43, as to the extracting agent has an enthalpy of vaporization of 280 kJ/kg to 400 kJ/kg at atmospheric pressure and a condensation temperature of between about 10°C and 40°C at atmospheric pressure. Schulz discloses the evaporation of the extraction agent is vented to the atmosphere (see page 2, paragraph 1 of the English translation), but Schulz does not expressly disclose an enthalpy of vaporization of 280 kJ/kg to 400 kJ/kg at atmospheric pressure and a condensation temperature of between about 10°C and 40°C at atmospheric pressure. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the extraction agent of Schulz with an enthalpy of vaporization of 280 kJ/kg to 400 kJ/kg at atmospheric pressure and a condensation temperature of between about 10°C and 40°C at atmospheric pressure, because such selection or determination would be the result of routine optimization and does not itself warrant patentability, as one would arrive at such optimization through routine engineering and design practice.
Claim 44 is rejected under 35 U.S.C. 103 as being unpatentable over Schulz in view of Chen et al. (hereinafter “Chen”) (CN 107033059 A).
Regarding claim 44, the method for pressing according to claim 39, Schulz discloses the invention substantially as claimed as set forth above. Schulz discloses the extraction agent is super critical carbon dioxide (see the abstract). Schulz does not disclose the extraction agent is at least one of n-butane and isopentane.
Chen discloses that liquid butane is well known for dissolving fat (see page 3, paragraph 4 of the English translation). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use liquid butane as an extraction agent to dissolve oil in the press of Schulz, as taught by Chen, since both of the extraction agents (CO2 and butane) are old and well known in the art for dissolving oil and one ordinary skill in the art would have made a choice for convenience or economic reason.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. These prior arts disclose various screw presses having extracting agent (US 2009/0126583 A1 and 2006/0283799 A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIMMY T NGUYEN whose telephone number is (571)272-4520. The examiner can normally be reached Mon-Fri 8:30am-5pm.
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, CHRISTOPHER L TEMPLETON can be reached at 571-270-1477. 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.
JIMMY T. NGUYEN
Primary Examiner
Art Unit 3725
/JIMMY T NGUYEN/ Primary Examiner, Art Unit 3725
Prosecution Insights