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 .
Response to Amendment
Receipt is acknowledged of an amendment, filed 16 June 2026, which has been placed of record and entered in the file.
Status of the claims:
Claims 1, 4-12, 17, and 20-21 are pending.
Claims 1, 5, 7-9, 11-12, and 17 are amended.
Claim 21 is new.
Claims 2-3, 13-16, and 18-19 are canceled.
Specification and Drawings:
Amendments to the specification and drawings have not been submitted in the amendment filed 16 June 2026.
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 21 is 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 21 is ambiguous as the phrase “the valve comprises a shaft and a valve head” appears to be redundant. Claim 1, on which claim 21 depends sets forth “the valve comprises a shaft and a valve head” in line 12.
Claim 21 recites “the shutter” in line 2. There is insufficient antecedent basis for this limitation in the claim. It appears that --internal-- should be inserted before “shutter”.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 4-12, 17, and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Parisini et al. (US Patent No. 10,059,476), cited by applicant, in view of Knitl et al. (EP 3,896,026).
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 comprises a shaft and a valve head (valve 108 comprising a shaft and a valve head, fig. 4), and 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), wherein 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).
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 in a similar type of filling device that it is old and well known to have 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. In this instance, a skilled artisan would have recognized that the substitution of the internal shutter that does not enter the spout from the Knitl et al. reference for the internal shutter that enters the spout of the Parisini et al. reference involves no more than the predictable use of prior art elements according to their established functions, and that one of ordinary skill in the art could have substituted one known element for another and the results of the substitution would have been predictable.
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 5, the Parisini et al. system, as modified by Knitl et al. above, teaches the system of claim 1, wherein the valve head has a larger transversal cross-sectional extension than the shaft (Knitl et al., valve 20 and cone 21 on shaft, fig. 5A), and wherein the product space has a tapering shape towards the outlet end (cavity 104 has tapered shape, fig. 13).
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), wherein 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).
Parisini et al. disclose that in the lower closed 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 an interior of the spout inside a periphery of the spout.
Knitl et al. disclose in a similar type of filling device and method that it is old and well known to have an internal shutter that in the lower closed 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 method of Parisini et al. to replace providing 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. In this instance, a skilled artisan would have recognized that the substitution of the internal shutter that does not enter the spout from the Knitl et al. reference for the internal shutter that enters the spout of the Parisini et al. reference involves no more than the predictable use of prior art elements according to their established functions, and that one of ordinary skill in the art could have substituted one known element for another and the results of the substitution would have been predictable.
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 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 17, the Parisini et al. system, as modified by Knitl et al. above, teaches the system of claim 1, wherein the valve head has a larger transversal cross-sectional extension than the shaft (Knitl et al., valve 20 and cone 21 on shaft, fig. 5A), and wherein the product space has a tapering shape towards the outlet end (cavity 104 has tapered shape, fig. 13).
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).
With respect to claim 21, the Parisini et al. system, as modified by Knitl et al. above, teaches the device of claim 1, wherein the valve comprises a shaft and a valve head (valve 108 comprising a shaft and a valve head, fig. 4), the lower end of the shutter is connected to an outlet sealer that is configured to directly contact and seal the spout in a fluid tight manner (Knitl et al., the lower end of the valve housing 12 contacts and seals the spout, fig. 5A), wherein the valve head of the valve has a larger transversal cross-section than the shaft (Knitl et al., fig. 5A), and the inner wall of the internal shutter has a tapered profile (Knitl et al., fig. 5A), and wherein the aseptic chamber defines a lower opening configured to receive the spout (Parisini et al., lower opening in fitment holder assembly 350, fig. 1), and the lower end of the internal shutter is disposed at a recessed position within the aseptic chamber relative to the lower opening, such that the internal shutter is configured to contact the spout entirely within the aseptic chamber (Parisini et al., figs. 4, 13, 14).
Response to Arguments
With respect to the rejection of claims 2-3, 6-7, 14, 16, 8, and 19 under 35 U.S.C. 112(b), the claim amendments and applicant’s arguments have been considered and are persuasive. The rejection is hereby withdrawn. The addition of new claim 21 has necessitated the ground of rejection under 35 U.S.C. 112(b), above.
With respect to the rejection of claim 1 under 35 U.S.C. 103 over Parisini et al. in view of Knitl et al., applicant’s arguments have been fully considered but are not persuasive.
Applicant argues that Parisini et al. fail to disclose “wherein in the lower closed or open position the internal shutter is arranged to be in contact with the rim of the spout without substantially entering an interior of the spout inside a periphery of the spout”.
In response, in the present amendment, claim 1 has been amended to include the subject matter of claims 2 and 3. Now canceled claim 3 included the limitation “wherein in the lower closed or open position the internal shutter is arranged to be in contact with the rim of the spout without substantially entering the spout interior inside the periphery of the spout. In the previous Office action, claim 3 was rejected under 35 U.S.C. 103 over Parisini et al. in view of Knitl et al. (EP 3,896,026).
Knitl et al. disclose in a similar type of filling device that it is old and well known to have 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. In this instance, a skilled artisan would have recognized that the substitution of the internal shutter that does not enter the spout from the Knitl et al. reference for the internal shutter that enters the spout of the Parisini et al. reference involves no more than the predictable use of prior art elements according to their established functions, and that one of ordinary skill in the art could have substituted one known element for another and the results of the substitution would have been predictable.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Applicant has provided no arguments with respect to the Knitl et al. reference, and the rejection of claim 1 under 35 U.S.C. over Parisini et al. in view of Knitl et al. is deemed proper.
Applicant has submitted no specific arguments with respect to independent claim 9, other than that claim 9 defines over the references for the same reasons as claim 1. The arguments have been fully responded to above.
Applicant has provided no arguments pointing out errors with respect to the rejections of dependent claims 4-8, 10-12, 17, and 20, and these rejections are still deemed proper.
With respect to new dependent claim 21, applicant argues that claim 21 depends from claim 1, and is therefore allowable, and recites further limitations not disclosed or made obvious.
In response, the Parisini et al. system, as modified by Knitl et al. above, teaches the device of claim 1, wherein the valve comprises a shaft and a valve head (valve 108 comprising a shaft and a valve head, fig. 4), the lower end of the shutter is connected to an outlet sealer that is configured to directly contact and seal the spout in a fluid tight manner (Knitl et al., the lower end of the valve housing 12 contacts and seals the spout, fig. 5A), wherein the valve head of the valve has a larger transversal cross-section than the shaft (Knitl et al., fig. 5A), and the inner wall of the internal shutter has a tapered profile (Knitl et al., fig. 5A), and wherein the aseptic chamber defines a lower opening configured to receive the spout (Parisini et al., lower opening in fitment holder assembly 350, fig. 1), and the lower end of the internal shutter is disposed at a recessed position within the aseptic chamber relative to the lower opening, such that the internal shutter is configured to contact the spout entirely within the aseptic chamber (Parisini et al., figs. 4, 13, 14).
In view of all of the above, the rejections are deemed proper.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/LINDA J. HODGE/Primary Examiner, Art Unit 3731
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