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 .
Response to Amendment/Arguments
The Amendment filed 2/25/2026 has been entered. Claims 1-12 remain pending on the application. Claims 1-3 are withdrawn, pursuant to Applicant’s election without traverse of claims 4-12 in the reply filed 9/23/2025.
Applicant argues that Examiner’s rejection to claim 1 fails because it relies on Berzaghi teaching that the tanks 92 are connected. Applicant argues that the cited line in pg. 13 lines 23-25, “As shown in Figures 2 and 3, each tank 92 is connected to one corresponding supply line 90. Additionally but not necessarily, tanks 92 may communicate one with the other” does not necessarily teach that the tanks are fluidly connected. Moreover, it would go against the teachings of Berzaghi to have the tanks to be fluidly connected because this would result in the concentration of sterilant in the lines to equalize whereas Berzaghi teaches the advantage of having the sterilant be at higher concentration on one side.
Examiner does not find this argument persuasive. The cited line uses “communicate” in the context of the tanks being connected to a supply line, meaning that the tanks communicating with each other means a physical fluid communication. In addition, a fluid communication between the tanks does not necessarily prevent the desired concentration gradient because the lines can be one-way and/or controlled by valves. While Berzaghi does not explicitly teach one-way lines or valves, the possibility of these features means that having the tanks be in fluid communication does not necessarily go against the teachings of Berzaghi, which supports the interpretation that Berzaghi does teach the tanks in fluid communication.
Applicant also argues:
With respect to the limitation of a fluid heater placed on a portion of said pre-washing delivery branch and configured to heat fluid flowing in said portion of pre-washing delivery branch of claim 4, the Examiner cites the heater of Carlson and submits there would be a motivation to combine Carlson with Berzaghi because there is a need for a heating device in Berzaghi to maintain an adequately high temperature of the fluid in order to achieve a desired concentration of residual. As noted, nowhere does Berzaghi refer to any need for a heating device. Instead, Berzaghi explicitly states that "... the rinsing agent collected by the collecting apparatus 80F at rinsing station RIF comprises the maximum possible quantity of dissolved cleaning agent. Furthermore, the temperature of the collected rinsing agent at rinsing station R1F is sufficiently high for prewashing containers 2 coming out from bath 11, since such temperature is almost equal to that of the rinsing agent that fills bath 69." Berzaghi at p. 17, lns. 17-24.
As this clearly indicates (and suggests as another advantage of the system) Berzaghi actually views the lack of any need for incorporating a heating device into the prewashing stations
- since the fluid is already "sufficiently high" for the prewashing the containers - as an intended feature of the described system. Therefore, Applicant respectfully submits that Berzaghi actually teaches away from the proposed modification to incorporate the heater of Carlson in a manner directly contradicting the Examiner's proposed motivation to combine these references in application to the fluid heater limitation of claim 4.
The Proposed Modification of Berzaghi In View of Carlson And Wong Fails To Teach A Fluid Heater Placed On A Portion Of The Pre-Washing Delivery Branch
The Examiner also relies on Carlson as teaching a modification of Berzaghi wherein a fluid heater is placed on a portion of the pre-washing delivery branch and configured to heat fluid flowing in the portion of the pre-washing delivery branch, e.g., a heat exchanger incorporated in the line branch (91) on the delivering apparatus (77F or 77P). Applicant must again disagree.
Carlson states that "[c]ity tap water is supplied at an inlet 150 at approximately 15 gallons per minute and flows into a double pass reverse osmosis filter system 152, and then through a heat exchanger 156" and that "[t]he steam heat exchanger 156 is generally provided with factory steam and is effective to raise the temperature of the fluid passing therethrough to a temperature between 140° F. to 160° F." Carlson at col. 7, lns. 10-14 and 19-22. Therefore, Carlson only teaches use of a heat exchanger (156) for heating new water entering in the system.
In Berzaghi, fresh rinsing agent is introduced into the system from tank (94) through supply line (90L) to sprinkling devices (78L). Berzaghi at p. 17, lns. 9-11 and FIG. 1:
Therefore, applying the teaching of Carlson would result in providing a heat exchanger in Berzaghi here:
rather than on the deliver apparatus (77F and/or 77P).
…
Moreover, the Examiner's proposed modification of Berzaghi in view of Carlson would be unsuitable to maintain an adequately high temperature of the fluid in order to achieve a desired concentration of residues, since fresh rinsing agent entering in the system at tank (94) does not contain any residues. Therefore, Applicant respectfully asserts that the proposed modification of Berzaghi in view of Carlson does not teach or suggest the limitation of a fluid heater placed on a portion of the pre-washing delivery branch and configured to heat fluid flowing in the portion of the pre-washing delivery branch as set forth in independent claim 4.
Examiner respectfully disagrees. Just because Berzaghi teaches that the fluid is at a sufficient temperature does not mean that a heater was not used to maintain that temperature in the first place and just not described by Berzaghi, and does not mean that there would not be a further advantage in raising the temperature to increase the concentration of sterilant. As stated previously, liquid sterilant flowing through the pipes would lose heat as it moves downstream and would therefore require a heater to maintain that sufficient temperature. Furthermore, the secondary reference is used to provide motivation to have a heater where liquid needs heating, not simply to have a heater positioned at the beginning of the line. This is especially obvious since fluid further downstream would have lost more heat and therefore is in greater need of heating to maintain a sufficient temperature.
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 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.
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 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.
Claims 4-12 are rejected under 35 U.S.C. 103 as being unpatentable over Berzaghi (WO 2020234392 A1, provided in Applicant’s IDS of 9/23/2025) in view of Carlson (US 5230824 A) and Wong (US 20170225212 A1).
Regarding claim 4, Berzaghi teaches A washing system for washing containers (abstract: A washing machine (1) includes a conveyor device (4) for advancing containers (2)) for pharmaceutical use (NOTE: this is a recitation of intended use), comprising:
at least one washing station (abstract: a second treatment station (P1L; R1P, R1U, R1L); Fig. 3) comprising a plurality of washing nozzles (Fig. 3: 78, 78L, 79 on the right side) and a collection device for collecting fluid dispensed from said washing nozzles (Fig. 3: basin 82L);
at least one pre-washing station (abstract: a first treatment station (P1F; R1F, R1P, R1U); Fig. 3) comprising a plurality of pre-washing nozzles (Fig. 3: nozzles 78, 79 on left side) and one collection device for collecting fluid dispensed from said pre-washing nozzles (Fig. 3: basin 82P);
a fluid recovery tank (Fig. 3: left most tank 92);
a washing circuit configured to place a fluid source in fluid communication with said washing nozzles (pg. 13 lines 6-8: and a corresponding supply line 90L for connecting sprinkling devices 78L to a corresponding source of treating agent (not shown in Figures 2 and 3)) and to place said fluid collection device of said at least one washing station in fluid communication with said fluid recovery tank (Fig. 3: vertical line connecting basin 82L with tank 92 on right side);
a pre-washing circuit comprising:
a pre-washing delivery branch placed in fluid communication with said recovery tank (Fig. 3: supply line 90 is connected to tank 92 on left side, which in turn is connected to tank 92 on the right side; pg. 13 lines 23-25: As shown in Figures 2 and 3 , each tank 92 is connected to one corresponding supply line 90. Additionally but not necessarily, tanks 92 may communicate one with the other) and placed in fluid communication with said pre-washing nozzles (Fig. 3: supply line 90 on left side); and
a pre-washing return branch placing said fluid collection device of said at least one pre-washing station in fluid communication with a drain (Fig. 3: vertical line connecting basin 82P with tank 92 on right side, whereby fluids are drained into tank 92);
wherein said pre-washing circuit further comprises a recirculation branch placed in fluid communication with said recovery tank and selectively placed in fluid communication with said pre-washing delivery branch (Fig. 3: supply line 90 is connected to tank 92 on left side, which in turn is connected to tank 92 on the right side; pg. 13 lines 23-25: As shown in Figures 2 and 3 , each tank 92 is connected to one corresponding supply line 90. Additionally but not necessarily, tanks 92 may communicate one with the other);
but does not teach
a fluid heater placed on a portion of said pre-washing delivery branch and configured to heat fluid flowing in said portion of pre-washing delivery branch;
wherein the pre-washing delivery branch is selectively placed in fluid communication with said pre-washing nozzles
wherein the recirculation branch is selectively placed in fluid communication with said pre-washing delivery branch
and
wherein when said recirculation branch is placed in fluid communication with said pre-washing delivery branch, said pre-washing delivery branch is not placed in fluid communication with said pre-washing nozzles.
Berzaghi teaches wherein the fluid collected in its first treatment station is essentially the same temperature as that of the fluid from the bath from which the containers emerged (pg. 22 lines 6-12: In the meantime , the advancing containers 2 drag out from bath 69 some of the rinsing agent contained therein and let such dragged rinsing agent to fall down within the basin 82F at rinsing station RIF. The rinsing agent gathered within basin 82F at rinsing station RIF has a temperature essentially equal to that of the dragged out rinsing agent). Berzaghi further teaches wherein it is advantageous for the rinsing fluid to be rich in the cleaning agent (pg. 23 lines 22-25: As containers 2 advance through the rinsing stations RIF, RIP , R1U, R1L , the same containers 2 carry less and less residuals of cleaning agent while the delivered rinsing agent becomes more and more rich of the above residuals).
Since the fluid collected may decrease in temperature as it travels through the pipes to be sprayed on the containers, and the solubility of the residuals would decrease as the temperature decreases, there is a need for a heating device to maintain an adequately high temperature in the fluid in order to achieve a desired concentration of residual.
Carlson teaches a similar washing/rinsing station device (abstract: An aqueous cleaning composition is employed in a machine for removing oil, dirt and grinding debris from a metal surface comprises a plurality of wash, rinse and dry stations separated to prevent contamination carryover from one station to the next). Carlson teaches a heater placed on the fluid delivery line that delivers fluid to be sprayed in a station (Fig. 8: 156; C7L19-21: The steam heat exchanger 156 is generally provided with factory steam and is effective to raise the temperature of the fluid passing therethrough to a temperature between 140.degree. F. to 160.degree. F; C7L23-24: The purified water is sprayed onto the blades 54 traveling through the compartment 20). The heat exchanger placed in this position provides a means of fulfilling the need of Berzaghi.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the line branch 91 on delivering apparatus 77F and/or 77P of Berzaghi to have a heat exchanger configured to heat the fluid being delivered to a desired temperature, as taught by Carlson, in order to maintain an adequately high temperature in the fluid in order to achieve a desired concentration of residual.
Berzaghi modified by Carlson still does not teach
wherein the pre-washing delivery branch is selectively placed in fluid communication with said pre-washing nozzles
wherein the recirculation branch is selectively placed in fluid communication with said pre-washing delivery branch
and
wherein when said recirculation branch is placed in fluid communication with said pre-washing delivery branch, said pre-washing delivery branch is not placed in fluid communication with said pre-washing nozzles.
Wong teaches a washing station for containers (abstract: A method of cleaning can bodies; Fig. 1). Wong teaches wherein valves positioned between the nozzles and the fluid delivery line and controlled by a controller are advantageous for being able to control the amount of fluid administered and thus also controlling the sterilization time (par. 18: wherein the controlling the time duration step includes sending a signal from a controller to a valve located between a reservoir of the washing solution and the first spray bar to substantially eliminate the first flow; Fig. 1: valves 18a-h; par. 48: A second controller 400 is provided to activate and deactivate (i.e. close and open) the valves 18a-h and control a concentration of the washing solution 204 in the reservoir 200).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Berzaghi modified by Carlson to have a valve on all lines 91, wherein the valves are controlled by a controller, as taught by Wong, in order to modify parameters of the sterilization process as desired, including the amount of fluid delivered and the sterilization time. Thus, the pre-washing delivery branch can be selectively placed in fluid communication with the pre-washing nozzles via the controller.
The valves of Wong also generally function to allow or shut off the flow between two components, which is useful for the recirculation branch of Berzaghi, which teaches that the tanks 92 may optionally communicate with each other (pg. 13 lines 23-25: As shown in Figures 2 and 3 , each tank 92 is connected to one corresponding supply line 90. Additionally but not necessarily, tanks 92 may communicate one with the other). Placing valves on the lines between the tanks would further help modify the desired flow rate of fluid in each washing station.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the lines between the tanks 92 of Berzaghi modified by Carlson and Wong to have a valve controlled by a controller, as taught by Wong, in order to further modify the desired flow rate of fluid in each washing station, which would help optimize the sterilization process as desired and grants greater versatility to the device.
Both of these valve additions would fulfill the limitation of wherein when said recirculation branch is placed in fluid communication with said pre-washing delivery branch, said pre-washing delivery branch is not placed in fluid communication with said pre-washing nozzles
because this limitation is a recitation of intended use, and so long as the apparatus is structurally capable of performing the function, the limitation would be satisfied. In this case, the controller can turn the valves on and off in order to place lines in or out of communication with each other.
Regarding claim 5, Berzaghi modified by Carlson and Wong teaches the washing system according to claim 4, as set forth above, and further teaches wherein said washing circuit further comprises:
a washing delivery branch (pg. 13 lines 6-8: and a corresponding supply line 90L for connecting sprinkling devices 78L to a corresponding source of treating agent (not shown in Figures 2 and 3)) selectively (see Wong modification in claim 4 rejection) placed in fluid communication with said fluid source and placed in fluid communication with said washing nozzles and a washing return branch which places said fluid collection device of said at least one washing station in fluid communication with said fluid recovery tank (Fig. 3: vertical line connecting basin 82L with tank 92 on right side).
Regarding claim 6, Berzaghi modified by Carlson and Wong teaches the washing system according to claim 5, as set forth above, but does not teach
wherein when said recirculation branch is placed in fluid communication with said pre-washing delivery branch, said washing delivery branch is not placed in fluid communication with said fluid source.
However, the valves of Wong also generally function to allow or shut off the flow between a fluid source and the fluid delivery line (Fig. 1: valves 18, reservoir 200), which is useful for the device of Bergazhi because placing a controller controlled valve on the line between the fluid source and the washing delivery branch is in line with the positioning taught by Wong and would serve the same purpose in Wong of being able to control the flow rate of the fluid and thus the sterilization time.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the line 91L of Berzaghi modified by Carlson and Wong to have a valve controlled by a controller, as taught by Wong, in order to further modify the desired flow rate of fluid in the second treatment station, which would help control the sterilization time and grants greater versatility to the device.
This modification enables Bergazhi modified by Carlson and Wong to read on the claim limitation, because this limitation is a recitation of intended use, and so long as the apparatus is structurally capable of performing the function, the limitation would be satisfied. In this case, the controller can turn the valves on and off in order to place lines in or out of communication with each other.
Regarding claim 7, Berzaghi modified by Carlson and Wong teaches the washing system according to claim 4, as set forth above, but does not teach wherein said fluid source is configured to dispense fluid heated to a predetermined temperature.
Carlson teaches a heater placed on the fluid delivery line that delivers fluid to be sprayed in a station using an external source of fluid(Fig. 8: 156; C7L10-11: City tap water is supplied at an inlet; C7L19-21: The steam heat exchanger 156 is generally provided with factory steam and is effective to raise the temperature of the fluid passing therethrough to a temperature between 140.degree. F. to 160.degree. F; C7L23-24: The purified water is sprayed onto the blades 54 traveling through the compartment 20). The heat exchanger placed in this position provides a means of fulfilling the need of Berzaghi. It would be advantageous for the device of Bergazhi to have its rinsing fluid heated to a desired temperature because this would increase the solubility of the residuals in the fluid, which is desired by Bergazhi (pg. 17 lines 14-16: As the rinsing agent is moved oppositely to the advancing direction of container 2 , the same rinsing agent is enriched of dissolved cleaning agent residuals).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the fluid source connected to line 91L Berzaghi modified by Carlson and Wong to have a heat exchanger configured to heat the fluid being delivered to a desired temperature, as taught by Carlson, in order to maintain an adequately high temperature in the fluid in order to achieve a desired concentration of residual as well as increase the sterilization capacity of the fluid.
Regarding claim 8, Berzaghi modified by Carlson and Wong teaches the washing system according to claim 4, as set forth above, and teaches further comprising a recirculation valve between said recirculation branch and said pre-washing delivery branch and switchable between an open position in which the recirculation valve places said pre-washing delivery branch in
fluid communication with said recirculation branch and a closed position in which the recirculation valve interrupts the fluid communication between said pre-washing delivery branch and said recirculation branch (see Wong modification in claim 4 rejection).
Regarding claim 9, Berzaghi modified by Carlson and Wong teaches the washing system according to claim 4, as set forth above, and teaches
wherein said pre-washing delivery branch further comprises:
a pre-washing main pipe fluidically connected with said recovery tank;
at least one pre-washing dispensing pipe fluidically connected with said pre- washing main pipe and with said pre-washing nozzles; and
a pre-washing dispensing valve placed on said pre-washing dispensing pipe and switchable between an open position in which the pre-washing dispensing valve places said main pre-washing pipe in fluid communication with said pre-washing dispensing pipe and a closed position in which the pre-washing dispensing valve interrupts the fluid communication between said main pre-washing pipe and said pre-washing dispensing pipe (see Wong modification in claim 4 rejection, wherein a valve placed on the lines 91 would segment the lines into two pipes whose communication is controlled by the valve).
Regarding claim 10, Berzaghi modified by Carlson and Wong teaches the washing system according to claim 8, as set forth above, and teaches wherein said pre-washing delivery branch further comprises:
a pre-washing main pipe fluidically connected with said fluid recovery tank;
at least one pre-washing dispensing pipe fluidically connected with said pre- washing main pipe and with said pre-washing nozzles; and
a pre-washing dispensing valve placed on said pre-washing dispensing pipe and switchable between an open position in which the pre-washing dispensing valve places said main pre-washing pipe in fluid communication with said pre-washing dispensing pipe
and a closed position in which the pre-washing dispensing valve interrupts the fluid communication between said main pre-washing pipe and said pre-washing dispensing pipe (see Wong modification in claim 4 rejection, wherein a valve placed on the lines 91 would segment the lines into two pipes whose communication is controlled by the valve);
and wherein when said recirculation valve is in the open position said pre-washing dispensing valve is in the closed position and when said recirculation valve is in the closed position said pre-washing dispensing valve is in the open position (NOTE: this limitation is a recitation of intended use, and so long as the apparatus is structurally capable of performing the function, the limitation would be satisfied. In this case, the controller can turn the valves on and off in order to place lines in or out of communication with each other).
Regarding claim 11, Berzaghi modified by Carlson and Wong teaches the washing system according to claim 9, as set forth above, and teaches wherein said fluid heater is placed on said pre- washing main pipe of said pre-washing delivery branch (see Carlson modification in claim 4 rejection).
Regarding claim 12, Berzaghi modified by Carlson and Wong teaches the washing system according to claim 4, as set forth above, and teaches wherein said washing circuit and said pre- washing circuit are in fluid communication with each other only through said fluid recovery tank (pg. 13 lines 23-25: As shown in Figures 2 and 3 , each tank 92 is connected to one corresponding supply line 90. Additionally but not necessarily, tanks 92 may communicate one with the other; NOTE: if the tanks are connected, this would be the only direct physical connection between the pipes of the two stations)
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHANGRU CHEN whose telephone number is (571)272-1201. The examiner can normally be reached Monday-Friday 7:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Elizabeth A. Robinson can be reached on (571) 272-7129. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.C./Examiner, Art Unit 1796
/KEVIN JOYNER/Primary Examiner, Art Unit 1799