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 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.
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a flow rate arrangement” and “a pressure arrangement” in claim 1 and 9.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
The flow rate arrangement recited in claim 8 recites the necessary structure for performing the function and therefore does not invoke 112(f). Further, the pressure arrangement recited in claim 2 recites the necessary structure for performing the function and therefore does not invoke 112(f).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation " the one or more control valves" in line 9. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-15 are rejected as being dependent on an indefinite claim.
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
US2020/0339401 teaches a clean in place system including a balance tank, liquid feed pumps, pipe heating systems and manifold valve 8 for introducing the cleaning fluid and control the fluid to circulate through different fluid lines including a circulation bath that by-passes a balance tank (para. 32-55, see fig. 2-3). However, US2020/0339401 does not teach or render obvious the flow rate arrangement or pressure arrangement as required by claim 1 discussed above with regard to the structures required by the means plus function interpretation.
US 2,239,397 teaches circulating a milk fluid though a series of pipe while the milk flows under high pressure so that it can be heated to higher temperature without boiling. It is specifically a purpose of the invention to provide a method of sterilizing fluid (liquid and semiliquid) products and especially milk products by subjecting them to high temperatures for a short time, in which the products throughout their treatment are kept under sufficient pressure to prevent any boiling at the heating surface and are rapidly agitated when the sterilizing heat is being applied so as to change the fluid film contacting the heater surface constantly and prevent overheating at this surface (page 1-2). Therefore, US 2,239,397 teaches a pressure arrangement configured to control the pressure of a circulating fluid above atmospheric pressure to prevent boiling. However, it does not teach how or why the pressure arrangement can be used for a clean in place system as required by claim 1 or the particular structure required by the pressure arrangement recited in claim 1. Nor does it teach isolating or by passing a balance tank to convert an atmospheric fluid circuit to a higher pressure circuit.
KR 20110060392 teaches a scale removal test apparatus for a boiler tube is provided to test the dissolution and corrosion rate of scales in a boiler tube and prevent the heat efficiency reduction and overheating of the boiler tube caused by scales. A scale removal test apparatus for a boiler tube comprises a reaction chamber(110), a circulation pipe(130), and a pump(120). The reaction chamber stores and heats a cleaning agent. A sample tube (170) on which scales are stuck is coupled to the circulation pipe that forms a circulation path for a cleaning agent. The pump circulates the cleaning agent along the circulation path of the circulation pipe by applying hydraulic pressure to the cleaning agent (abstract). The pressure gauges 143 and 144 are installed in the circulation pipe 130 to measure the pressure of the cleaning agent flowing in the circulation pipe 130. The pressure of the cleaning agent can be adjusted using the pressure gauges 143 and 144 (page 3-5). Therefore, KR 20110060392 teaches the structure of a pressure pump and pressure gauge for circulating a cleaning fluid through a pipe system. However, KR 20110060392 is directed to a scale removal test apparatus for a boiler tube and does not teach how or why the pressure arrangement can be used for a clean in place system as required by claim 1. KR 20110060392 is concerned with developing a new test apparatus that can test the tubes installed in the on-site power plant boiler to obtain cleaning condition data that can effectively descale the boiler tube and not related to the problem addressed by applicant of preventing boiling of the cleaning solution
Therefore the particular arrangement of structure required by claim 1 is not taught or rendered obvious by the prior art. Claims 2-15 require all limitations of claim 1 and therefore would be allowable for the same reasons as claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN FLANAGAN BERGNER whose telephone number is (571)270-1133. The examiner can normally be reached M-F 8:00-5:00.
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/ERIN F BERGNER/Primary Examiner, Art Unit 1713