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 .
Priority
Acknowledgement is made of applicant’s claim for foreign priority under 35 U.S.C. 119. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
Receipt is acknowledged of Information Disclosure Statement(s) (IDS), filed 02 June 2025, which have been placed of record in the file. An initialed, signed, and dated copy of each PTO-1449 or PTO-SB-08 form is attached to the Office action.
Response to Preliminary Amendment
Receipt is acknowledged of a preliminary amendment, filed 02 June 2025, which has been placed of record and entered in the file.
Status of the claims:
Claims 1-20 are pending.
Claims 1-12 are amended.
Claims 13-20 are new.
Specification and Drawings:
Amendments to the specification and drawings have not been submitted in the amendment filed 02 June 2025.
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.
Claims 2-3, 6-7, 14, 16, 18, and 19 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 2 recites the limitation "the valve head" in lines 8-9. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the valve head" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the internal shutter portion" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the internal shutter portion" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation "the valve head" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claims 3, 14, 16, and 19 depend from claim 2 and are likewise rejected.
Claim Rejections - 35 USC § 102
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 1-2, 4, 6-13, 18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Parisini et al. (US Patent No. 10,059,476), cited by applicant.
With respect to claim 1, Parisini et al. disclose a filling device for filling a flexible container with a pourable product (filler apparatus 30 for filling flexible bags 400 with flowable product, col. 4, lines 29-39, fig. 2), the filling device comprising a product inlet (product inflow tube 110, fig. 2), a filler valve device (filler head assembly 100, fig. 2) connected to an aseptic chamber (filler chamber 60, fig. 2) comprising a product outlet (central opening in floor plate 64 of chamber 60, fig. 2, col. 5, l. 45-51), which is arranged connectable to a spout of the flexible container (fitment collar 408 of bag 400, fig. 8), the filler valve device comprising: an axially movable internal shutter having a center axis (leading head structure 102 having a center axis, upper position shown in fig. 4, lower position shown in fig. 5), an upper end (upper end shown in fig. 4) and a lower end (downwardly extending tip 106, fig. 4), the lower end being kept within the aseptic chamber during the axial movement of the internal shutter (tip 106 is within chamber 60 during axial movement, figs. 4, 5), wherein the internal shutter encloses a product space defined by an inner wall of the internal shutter (cavity 104 defined by internal wall of structure 102, fig. 13), the product space having an inlet end (location where product inflow tube 110 meets cavity 104, fig. 13) and an outlet end (opening of tip 106, fig. 13); and an axially movable valve (valve 108, fig. 13), which is coaxially arranged in the internal shutter (fig. 2) and being movable to a closed position in which the valve seals the outlet end (figs. 4, 6) or to an open position in which the valve opens the outlet end to release the pourable product from the product space (fig. 5), wherein the valve is arranged in a non-contact manner at an axial distance from the spout both in the open and closed position (valve 108 is spaced from fitment collar 408 in open and closed positions, figs. 5-6, 14).
With respect to claim 2, Parisini et al. disclose the internal shutter (leading head structure 102) and the valve (valve 108) are arrangeable to: an upper closed position, in which the lower end of the internal shutter is arranged within the aseptic chamber at a distance (D) from the product outlet, and the valve is arranged to seal the product space towards the outlet end (fig. 4), a lower closed position in which the internal shutter is arranged in a fluid-tight contact with a rim of the spout of the flexible container and the valve head is arranged to seal the product space towards the outlet end (fig. 6), and a lower open position, in which the internal shutter is arranged in a fluid-tight contact with a rim of the spout of the flexible container and the valve head is arranged to open the product space and the outlet end towards the product outlet (fig. 5).
With respect to claim 4, Parisini et al. disclose the filler valve device comprises means to fix the spout in an aligned manner with the filler valve device (the fitment collar 408 is held stationary by fitment holder assembly 350, fig. 5, col. 4, l. 54-65).
With respect to claim 6, Parisini et al. disclose the valve head comprises sealing means arranged in fluid tight contact with the internal wall of the product space to provide a fluid tight seal in the closed position (valve 108 includes a tapered portion contacting the internal wall of the cavity 104, fig. 14, col. 5, l. 33-44).
With respect to claim 7, Parisini et al. disclose the sealing means has a circular shape in cross-section or comprises at least one rounded portion in contact with the inner wall of the internal shutter portion (the tapered portion of the valve includes a circular shape cross-section, as fitment collar 408 is circular and cavity 104 is annular, col. 4, l. 29-49, col. 5, l. 33-44).
With respect to claim 8, Parisini et al. disclose the internal shutter portion comprises outlet sealing means at the lower end thereof (exterior surfaces of tip 106, fig. 14), the sealing means being configured to provide the fluid-tight contact with the spout of the flexible container (tip 106 contacts fitment collar 408 to seal, fig. 14, col. 5, l. 33-44).
With respect to claim 9, Parisini et al. disclose a method of filling a flexible container with a pourable product with a filling device (filler apparatus 30 for filling flexible bags 400 with flowable product, col. 4, lines 29-39, fig. 2) comprising a product inlet (product inflow tube 110, fig. 2), an axially movable filler valve device (filler head assembly 100, upper position and lower position, figs. 4, 5) and comprising an axially movable valve (valve 108, lower position and upper position shown in figs. 6, 5) fluidly connected to a product space (cavity 104) and a product outlet (central opening in floor plate 64 of chamber 60, fig. 2, col. 5, l. 45-51), the method comprising connecting a spout of the flexible container to the product outlet (fitment collar 408 of bag 400 is connected to central opening, fig. 4), connecting the filler valve device to the spout in a closed position in a fluid tight manner wherein the valve is arranged at an axial distance (D2) from the spout (tip 106 and leading head structure 102 are connected to fitment collar 408 while valve 108 is in lower position, fig. 14); filling the container by moving the valve away from the product outlet to an open position at an axial distance D3 in a non-contact manner with the spout and releasing the pourable product contained in the product space via the product outlet and the spout to the flexible container (valve 108 is moved to upper position to release product and fill the bag 400 through the fitment collar 408, fig. 5); and stopping the filling when the flexible container has reached a desired filling level by bringing the valve to the lower closed position in which it seals the product space towards the product outlet at an axial distance D2 from the spout (valve 108 is lowered to stop product flow and seal cavity 104, fig. 6).
With respect to claim 10, Parisini et al. disclose moving the filler valve device to an upper closed position, in which the filler valve device is arranged at a distance D from the product outlet or the spout (structure 102 is in the upper position and valve 108 is in the closed position, fig. 4).
With respect to claim 11, Parisini et al. disclose the filling device comprises an axially movable internal shutter (leading head structure 102) which comprises the valve (valve 108) arranged coaxially with the internal shutter in the product space (cavity 104), and wherein the internal shutter is connected to an aseptic chamber (filler chamber 60) comprising the product outlet (central opening in floor plate 64).
With respect to claim 12, Parisini et al. disclose the axial distance D2 (fig. 6) is smaller than the axial distance D3 (fig. 5), which is smaller than the axial distance D (fig. 4).
With respect to claim 13, Parisini et al. disclose the filler valve device comprises means to fix the spout in an aligned manner with the filler valve device (the fitment collar 408 is held stationary by fitment holder assembly 350, fig. 5, col. 4, l. 54-65).
With respect to claim 18, Parisini et al. disclose the valve head comprises sealing means arranged in fluid tight contact with the internal wall of the product space to provide a fluid tight seal in the closed position (valve 108 includes a tapered portion contacting the internal wall of the cavity 104, fig. 14, col. 5, l. 33-44).
With respect to claim 20, Parisini et al. disclose the valve head comprises sealing means arranged in fluid tight contact with the internal wall of the product space to provide a fluid tight seal in the closed position (valve 108 includes a tapered portion contacting the internal wall of the cavity 104, fig. 14, col. 5, l. 33-44).
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.
Claims 3, 5, 14-17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Parisini et al. in view of Knitl et al. (EP 3,896,026).
With respect to claim 3, Parisini et al. disclose that in the lower closed or open position the internal shutter is arranged to be in contact with the rim of the spout (figs. 5, 6), but fail to disclose the internal shutter is in contact with the rim without substantially entering the spout interior inside the periphery of the spout.
Knitl et al. disclose a similar filling device including an internal shutter that in the lower closed or open position is in contact with the rim of the spout without substantially entering the spout interior inside the periphery of the spout (bottom of valve housing 12 rests on top of cap 31, fig. 5A).
It 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 to modify the device of Parisini et al. to replace the internal shutter that enters the spout with the internal shutter that is in contact with the rim without substantially entering the spout interior inside the periphery of the spout as taught by Knitl et al., as the substitution of an art recognized equivalent for the sealing of mechanical elements. MPEP 2144.06 II.
With respect to claims 5, 15, 16, and 17, Parisini et al. disclose the valve (valve 108) comprises a shaft and a valve head (fig. 4), and wherein the product space has a tapering shape towards the outlet end (cavity 104 has tapered shape, fig. 13).
Parisini et al. fail to disclose the valve head has a larger transversal cross-sectional extension than the shaft.
Knitl et al. disclose a similar filling device including a shaft and a valve head (valve 20 and cone 21 on shaft, fig. 5A) in which the valve head has a larger transversal cross-sectional extension than the shaft (fig. 5A).
It 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 to modify the device of Parisini et al. to replace the shaft and valve head having the same cross-section with the valve head having a larger transversal cross-sectional extension than the shaft as taught by Knitl et al., as the substitution of an art recognized equivalent for providing a linearly moveable mechanical element. MPEP 2144.06 II.
With respect to claim 14, Parisini et al. disclose the filler valve device comprises means to fix the spout in an aligned manner with the filler valve device (the fitment collar 408 is held stationary by fitment holder assembly 350, fig. 5, col. 4, l. 54-65).
With respect to claim 19, Parisini et al. disclose the valve head comprises sealing means arranged in fluid tight contact with the internal wall of the product space to provide a fluid tight seal in the closed position (valve 108 includes a tapered portion contacting the internal wall of the cavity 104, fig. 14, col. 5, l. 33-44).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Krulitsch et al. (DE 10 2014109809) disclose a filling device.
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/LINDA J. HODGE/Examiner, Art Unit 3731