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 l, Claims 1-7, drawn to a method, in the reply filed on 05/15/2026 is acknowledged. The traversal is on the ground(s) that “the present claims can be considered to fall in the exception defined by combination 4 as highlighted above, i.e., a process (e.g., claims 1-7) and an apparatus or means specifically designed for carrying out the said process (e.g., claims 8-10, 12-13, 15-17, and 19).”. This is not found persuasive because the Restriction Requirement on 03/20/2026 clearly discloses that;
in paragraph 2: “Where a group of inventions is claimed in a national stage application, the requirement of unity of invention shall be fulfilled only when there is a technical relationship among those inventions involving one or more of the same or corresponding special technical features. The expression “special technical features” shall mean those technical features that define a contribution which each of the claimed inventions, considered as a whole, makes over the prior art.”; and
in paragraph 4: “The groups of inventions listed above do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical features for the following reasons: Group I to Group ll lack unity of invention because even though the inventions of these groups require the technical features, a method in claim 1, this technical feature is not special technical feature as it does not make a contribution over the prior art in view of Richter (US 2011/0070341-of record).”
Namely, even though there is a technical relationship among those groups of inventions, they do not involve any special technical features that define a contribution which each of the claimed inventions, considered as a whole, makes over the prior art. Thus, the requirement is still deemed proper and is therefore made FINAL.
Claims 8-10, 12-13, 15-17 and 19 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Information Disclosure Statement
The information disclosure statement (IDS)s submitted on 10/21/2024 and 02/11/2026 have been considered by the examiner.
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.
(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.
Claims 1 and 3-7 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Richter (US 2011/0070341-of record).
With respect to claim 1, Richter teaches a method in a press apparatus (“a device 1…for high-pressure treatment of products”, Pa [0056]) including a pressure vessel (“a high-pressure chamber 3”) arranged to hold a pressure medium (“high-pressure medium”) therein and a guiding passage (“a discharge line 17”) configured to connect the pressure vessel with a pressure medium sink (“a reservoir 11”) and to withdraw the pressure medium from the pressure vessel (3) by guiding the pressure medium from the pressure vessel (3) towards the pressure medium sink (11), thereby reducing a pressure in the pressure vessel (3), the guiding passage (17) comprising at least a first flow restriction (“a discharge valve 19”) configured to control an extent to which a pressure medium flow in the guiding passage (17) is obstructed or impeded by controlling an extent to which the pressure medium flow is permitted through the first low restriction (19), the first flow restriction (19) including a flow restriction body (“a valve body 22”) that is movable between at least a closed position and a maximally open position (“the discharge valve 19, which is configured as a check valve, comprises a valve body 22 which is displaceably supported in a valve chamber 21.”, Pa [0050]), wherein when the flow restriction body (22) is moved out of the closed position an opening is created, wherein a size of the opening is inversely proportional to a distance of the flow restriction body (22) from the maximally open position, wherein the extent to which the pressure medium flow is permitted through the first flow restriction (19) depends on the size of the opening (“While actuated by the pressure of the high-pressure medium 12 in the discharge line 17 the valve body 22 can move back against the force of the counter-pressure mechanism 23 out of the valve seat 24 so as to release an opening and to permit the outflow of the high-pressure medium 12. The size of the opening defines the outflow rate and thus the pressure decrease rate.”, Pa [0050]) if any, and wherein during controlled withdrawal of pressure medium from the pressure vessel (3) the size of the opening is determined at least by a first force acting on the flow restriction body (22) to urge the flow restriction body either towards the maximally open position or towards the closed position, controllably and selectively generated by an actuator (“actuator 20’”) (“Upon actuation of the actuator 20′ the valve body 22 can be moved out of the valve seat 24 against the force of the counter-pressure mechanism 23 so as to release an outflow opening.”, Pa [0056]; the first force is exerted by the actuator 20’.), a second force acting on the flow restriction body (22) to urge the flow restriction body towards the maximally open position, generated by a pressure of the pressure medium in the guiding passage (17) (“While actuated by the pressure of the high-pressure medium 12 in the discharge line 17 the valve body 22 can move back against the force of the counter-pressure mechanism 23 out of the valve seat 24 so as to release an opening and to permit the outflow of the high-pressure medium 12.”, Pa [0050]; the second force is exerted by the high-pressure medium 12 in the discharge line 17.), and a third force acting on the flow restriction body (22) to urge the flow restriction body towards the closed position if the first force acts on the flow restriction body (22) to urge the flow restriction body towards the maximally open position, or towards the maximally open position if the first force acts on the flow restriction body (22) to urge the flow restriction body towards the closed position, the third force (“the force of the counter-pressure mechanism 23”) generated by a counterforce mechanism (“a counter-pressure mechanism 23”) (“A counter-pressure mechanism 23, e.g. an adjustable pneumatic pressure cylinder, acts on the valve body 22 and holds it against a valve seat 24 formed to be complementary to the valve body 22. While actuated by the pressure of the high-pressure medium 12 in the discharge line 17 the valve body 22 can move back against the force of the counter-pressure mechanism 23 out of the valve seat 24 so as to release an opening and to permit the outflow of the high-pressure medium 12.”, Pa [0050]), wherein there is a predetermined relationship between the second force and the first force, for the third force (the second force directly linked to the pressure of the high-pressure medium 12 in the discharge line 17 and the first force exerted by the actuator 20’, adjust the size of the opening to obtain a desired pressure decrease rate, i.e. there is a predetermined relationship between the two forces), the method comprising:
determining a plurality of values of the second force such that corresponding values of the pressure of the pressure medium in the guiding passage (17) correspond to a pressure reduction sequence (see pressure reduction sequences with phases I, II and optionally Ill in Figs. 6-9) for reducing the pressure of the pressure medium in the guiding passage (17) over time (“After a fast pressure decrease in the first phase I the pressure reduction is controlled in a second phase II, depending on product, gas mixture and packaging film, in the critical range”, Pa [0069]; “in good time before the critical range a control operation …is chosen in order to carry out the pressure reducing process in an adjustable way, as is e.g. shown in Figs. 6 to 9.”, Pa [0070]);
determining, based on the predetermined relationship, a plurality of values of the first force corresponding to respective ones of the plurality of values of the second force (it is considered implicitly disclosed in Richter that each pressure value in the discharge line 17 corresponds to a value of the second force and that the actuator 20’ adjusts the position of the valve body 22 by exerting the first force thereon, so as to obtain a degree of opening of the valve 19 corresponding to the desired pressure reduction rate); and
during at least a portion of time while the pressure medium is being controllably withdrawn from the pressure vessel (3), controlling the actuator (20’) to generate the plurality of values of the first force such that the pressure of the pressure medium in the guiding passage (17) is reduced over time in accordance with the pressure reduction sequence (“Upon actuation of the actuator 20′ the valve body 22 can be moved out of the valve seat 24 against the force of the counter-pressure mechanism 23 so as to release an outflow opening. The size of the outflow opening and thus the outflow rate are continuously adjustable via the displacement path of the valve body 22.”, Pa [0056]; “in good time before the critical range a control operation …is chosen in order to carry out the pressure reducing process in an adjustable way, as is e.g. shown in Figs. 6 to 9.”, Pa [0070]).
With respect to claim 3, Richter as applied to claim 1 above further teaches that for the predetermined relationship, a combination of the first force and the second force is in balance with the third force while the flow restriction body is away from the closed position but not in the maximally open position (“While actuated by the pressure of the high-pressure medium 12 in the discharge line 17 the valve body 22 can move back against the force of the counter-pressure mechanism 23 out of the valve seat 24”, Pa [0050]; “Upon actuation of the actuator 20′ the valve body 22 can be moved out of the valve seat 24 against the force of the counter-pressure mechanism 23”, Pa [0056]; “the pressure decrease in the second phase takes place in that the actuator 20′ opens the discharge valve 19 mechanically, with the size of the opening between the valve body 22 and the valve seat 24 determining the pressure decrease rate. The pressure inside the high-pressure chamber 3 could thereby be lowered slowly over the critical pressure range.”, Pa [0067]; “In this second phase of the pressure decrease the pressure decrease rate can be considerably lower than in the first rapid phase of the pressure decrease”, Pa [0066]).
With respect to claim 4, Richter as applied to claim 1 above further teaches that the guiding passage (17) further comprises a second flow restriction (“the three-way valve 18”) configured to control the extent to which the pressure medium flow in the guiding passage is obstructed or impeded by controlling an extent to which the pressure medium flow is permitted through the second flow restriction, wherein the second flow restriction is arranged upstream of the first flow restriction, and the method further comprises, prior to at least the portion of time: controlling the second flow restriction to not impede or obstruct the pressure medium flow therethrough, thereby causing the pressure medium to be withdrawn from the pressure vessel by the pressure medium being guided from the pressure vessel towards the pressure medium sink via the guiding passage (“While the inlet of the three-way valve 18 is in communication with the discharge line 17, the first outlet of the three-way valve 18 continues to be in communication with the discharge valve 19.”, Pa [0057]; “Following the high-pressure treatment the pressure is reduced. In the first phase of the pressure decrease the three-way valve 18 is opened towards the discharge valve 19 …The pressure of the high-pressure medium 12 from the high-pressure chamber 3 is applied to the discharge valve 19. Under the action of this pressure the valve body 22 is moved out of the valve seat 24, so that the discharge valve 19 opens. The high-pressure medium 12 can now flow back via the discharge valve 19 into the reservoir 11.”, Pa [0063]).
With respect to claim 5, Richter as applied to claim 4 above further teaches that the controlled withdrawal of the pressure medium from the pressure vessel is for reducing the pressure in the pressure vessel from a high pressure level towards a low pressure level, and wherein the second flow restriction is capable of operating at one or more pressure levels which at least include the high pressure level and the first flow restriction is capable of operating at one or more pressure levels which at least include an intermediate pressure level between the high pressure level and the low pressure level, wherein said controlling of the actuator the actuator is carried out after the pressure in the pressure vessel has been reduced such that the pressure in the pressure vessel is equal to or less than the intermediate pressure level (“Following the high-pressure treatment the pressure is reduced. In the first phase of the pressure decrease the three-way valve 18 is opened towards the discharge valve 19 …The pressure of the high-pressure medium 12 from the high-pressure chamber 3 is applied to the discharge valve 19. Under the action of this pressure the valve body 22 is moved out of the valve seat 24, so that the discharge valve 19 opens. The high-pressure medium 12 can now flow back via the discharge valve 19 into the reservoir 11.”, Pa [0063]; “the pressure decrease in the second phase takes place in that the actuator 20′ opens the discharge valve 19 mechanically, with the size of the opening between the valve body 22 and the valve seat 24 determining the pressure decrease rate. The pressure inside the high-pressure chamber 3 could thereby be lowered slowly over the critical pressure range.”, Pa [0067]).
With respect to claim 6, Richter as applied to claim 4 above further teaches that said controlling of the actuator is carried out while the second flow restriction continues not to be obstructing or impeding the pressure medium flow (“the pressure decrease in the second phase takes place in that the actuator 20′ opens the discharge valve 19 mechanically with the size of the opening between the valve body 22 and the valve seat 24 determining the pressure decrease rate. The pressure inside the high-pressure chamber 3 could thereby be lowered slowly over the critical pressure range. In the embodiment of FIG. 3, a high pressure decrease rate can be achieved again in a third phase of the pressure decrease in that the three-way valve 18 is opened towards the bypass line 36.”, Pa [0067]; Richter teaches opening the three-way valve 18 towards the discharge valve 19 in the second phase as well.).
With respect to claim 7, Richter as applied to claim 5 above further teaches that one or more pressure operating levels at which the second flow restriction is capable of operating at is equal to or less than 6000 bar, and/or wherein one the one or more pressure operating levels at which the first flow restriction is capable of operating at is equal to or less than 400 bar (Figs. 6-9).
Claim Rejections - 35 USC § 103
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Richter (US 2011/0070341) as applied to claim 1 above, and further in view of Ting et al. (US 2006/0272709) (All of record).
With respect to claim 2, Richter as applied to claim 1 above does not explicitly teach that the predetermined relationship has been determined by, for the third force generated by the counterforce mechanism, a set of measurements of values of the second force resulting from different values of the first force generated by the actuator carried out prior to the determining of the plurality of values of the second force, the determining of the plurality of values of the first force, and the controlling of the actuator.
In the same field of endeavor, systems and methods of reducing the pressure in a highly pressurized chamber in a controlled manner, Ting teaches that these parameters, methods of measuring these parameters, and the resulting physical/mathematical correlations are known in the art and can be programmed, input, output, manipulated, and/or controlled by the controller 20 (Pa [0032]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Richter with the teachings of Ting to determine the relationship/correlation between the first force and the second force by measuring the sets of parameters of the first force and the second force in order to control the operation to carry out the pressure reducing process in an adjustable way.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YUNJU KIM whose telephone number is (571)270-1146. The examiner can normally be reached 8:00-4:00 EST M-Th; Flexing Fri.
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/YUNJU KIM/Primary Examiner, Art Unit 1742
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