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 without traverse of Group I (claims 1-19) in the reply filed on 03/04/2026 is acknowledged.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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)(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.
Claim(s) 1-19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Mielnik et al. (U.S. Patent No. 8,621,824).
Regarding claim 1: Mielnik discloses a method for processing cans in a can processing installation, wherein the method comprises:
supplying a sterilization medium into a can via a sterilization apparatus (Fig. 1; via sterilant supply 314);
internally sterilizing the can by the supplied sterilization medium, while the can is transported to a filling station (Fig. 11; via filling zone, decontamination zone, DZ);
flushing the can in the filling station with a flushing gas as a result of which the sterilization medium is flushed out of the can (Fig. 11; via aeration zone, AZ); and
filling the flushed can in the filling station with a filling material (Fig. 11; via filling zone, FZ).
Regarding claim 2: wherein at least one of the supplying a sterilization medium includes supplying a hydrogen peroxide as the sterilization medium (via “decontaminating bottles and the like using vaporized hydrogen peroxide”), and the flushing the can includes flushing the can in the filling station with a carbon dioxide as the sterilization medium (via AZ).
Regarding claim 3: wherein at least one of the following conditions is met:
the sterilization medium is one of gaseous and substantially gaseous during at least one of supply and internal sterilization (claim 1; “sterilizing bottles with a gaseous sterilant”);
the supplied sterilization medium is supplied such that at least one of it does not condense in the can and it retains its gaseous state in the can; and
the supplied sterilization medium remains substantially in the can until flushing.
Regarding claim 4: wherein at least one of:
the can is transported at least one of linearly and upright through the sterilization apparatus during the supply of the sterilization medium, see for example (Figs. 1, 3, 4, & 11; via upright bottles 14); and
the can is transported upright to the filling station during internal sterilization (via bottles 14 upright in the turntables).
Regarding claim 5: wherein at least one of:
the flushing gas is supplied via a flushing gas supply channel of the filling station during flushing, see for example (Figs. 1-4 & 11; via “sterilizing bottles with a gaseous sterilant”); and
the sterilization medium is flushed into a flushing gas discharge channel of the filling station during flushing (via vaporized hydrogen peroxide).
Regarding claim 6: further comprising: suctioning the sterilization medium from the can in the filling station (Fig. 1; via 752 “exhaust”).
Regarding claim 7: further comprising at least one of:
supplying the flushing gas via a central flushing gas supply channel of the filling station during flushing (Fig. 11; via VHP);
flushing the sterilization medium into an annular flushing gas discharge channel of the filling station during flushing; and
suctioning the sterilization medium from the can in the filling station during flushing of the can in the filling station (Fig. 1; via 752; “Exhaust” in the filling station or Fig. 11; via 184).
Regarding claim 8: wherein: the sterilization medium is supplied by means of at least one nozzle of the sterilization apparatus (Fig. 10A; via nozzle 632).
Regarding claim 9: wherein: the at least one nozzle comprises at least one stationary nozzle (Fig. 10A; via 632), and the can moves past the at least one stationary nozzle during the supply of the sterilization medium (Fig. 11; via conveying path of the bottles by DZ).
Regarding claim 10: wherein: the at least one nozzle comprises at least one movable nozzle and the at least one movable nozzle moves with the can during the supply of the sterilization medium (claim 1; “plurality of injectors movable with said bottles”).
Regarding claim 11: wherein: a sterilization medium outlet quantity at the at least one nozzle is constant (via “gas constant” and/or “the injection rate remains constant”), or a sterilization medium outlet quantity at the at least one nozzle is adjusted depending on a transport speed of the can along the at least one nozzle.
Regarding claim 12: wherein: the sterilization medium is dispensed in pulsed form from the at least one nozzle (Figs. 3-4; via dispensing of VHP through injector 162; the injection takes place in stages as 162 moves in/out of bottle 14).
Regarding claim 13: wherein at least one of:
the sterilization medium is dispensed in pulsed form from the at least one nozzle with a pulse frequency that is adjusted to a frequency of cans moving past the at least one nozzle (Figs. 3-4; via dispensing of VHP through injector 162; the injection takes place in frequency as 162 moves in/out of bottle 14).
the sterilization medium is dispensed in pulsed form from the at least one nozzle with a pulse duration that is adjusted to a transport speed at which the can is moved past the at least one nozzle; and
the sterilization medium is dispensed in pulsed form from the at least one nozzle with one or more pulses per can.
Regarding claim 14: wherein the at least one nozzle comprises at least one of:
a nozzle that supplies the sterilization medium vertically from above and centrally into the can (Fig. 3; via 162 and/or Fig. 10A; via 632);
a nozzle that supplies the sterilization medium vertically from above and off-center into the can; and
a nozzle that supplies the sterilization medium from above into the can at an angle to a vertical axis of the can.
Regarding claim 15: wherein the at least one nozzle comprises at least one of:
a nozzle that supplies the sterilization medium from above into the can at an angle of between 10° and 20° to a vertical axis of the can (Fig. 10A; via the angled opening of nozzle 632); and
a nozzle that supplies the sterilization medium from above into the can at an angle of 15° to a vertical axis of the can, (Fig. 10A; via the angled opening of nozzle 632).
Regarding claim 16: further comprising: sterilizing at least one portion of the filling station via the sterilization medium flushed out of the can, see for example (Figs. 3-4; via some of the VHP out of 164 sprayed outside of bottle 14).
Regarding claim 17: further comprising sterilizing at least one of a filling material outlet of the filling station and a sealing surface of the filling station via the sterilization medium flushed out of the can, see for example (Figs. 4; via the injected VHP is flushed outside of bottle 14).
Regarding claim 18: the filled can is not pasteurized in the can processing installation, see for example (Figs. 1-4; no pasteurization mentioned by the reference).
Regarding claim 19: a can processing installation, comprising:
a sterilization apparatus that is configured to supply a sterilization medium into cans (Figs. 3-4; via 164); and
a can filling apparatus that is arranged downstream of the sterilization apparatus and comprises at least one filling station configured for flushing the cans for flushing the sterilization medium out of the cans and for filling the cans with a filling material, see for example (Fig. 11; via DZ is upstream of the FZ).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMEH TAWFIK whose telephone number is (571)272-4470. The examiner can normally be reached Mon-Fri. 8:00 AM - 4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelle Self can be reached at 571-272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAMEH TAWFIK/Primary Examiner, Art Unit 3731
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