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 .
Drawings
The drawings filed on 10/27/25 are informal, since the letters, numbers and lead lines are not uniform in nature throughout the Figures.
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.
Claim(s) 1, 2, 4, 5 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tompkins, Jr. (4513797).
Regarding claim 1, the Tompkins, Jr. reference discloses a filling assembly (Fig. 4) for filling a container with a flowable material, comprising: a nozzle assembly (10) that is configured to direct outflow of dispensed material primarily laterally so as to contact the upright wall of the container (see Figure 5).
Regarding claim 2, wherein the nozzle assembly includes a nozzle body (12) with at least one lower material outlet (42) and at least one upper material outlet (44) above the at least one lower material outlet.
Regarding claim 4, wherein the nozzle body (12) includes an internal structure (i.e., bottom edge of outlet 44) to divert a portion of downward flowing material through the upper material outlet (44), and a lower structure (40) to divert a remaining portion of downward flowing material through the lower material outlet (42).
Regarding claim 5, wherein the internal structure primarily diverts material that is flowing downward along a radially outward portion of a downward material
flow path in the nozzle body. Inherent to the operation of the device.
Regarding claim 7, wherein the nozzle assembly includes a nozzle body (12) with a material outlet (42, 44) and an internal vent tube (50), and the nozzle body is configured such that at least some dispensed material flows below the vent tube before reaching the material outlet. See Figure 4.
Claim(s) 1, 7 - 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Day et al. (2724535).
Regarding claim 1, the Day et al. reference discloses a filling assembly (Figs. 1 and 2) for filling a container (26) with a flowable material, comprising: a nozzle assembly (Fig. 2) that is configured to direct outflow of dispensed material primarily laterally so as to contact the upright wall of the container (see 74 in Figure 2).
Regarding claim 7, wherein the nozzle assembly includes a nozzle body (20) with a material outlet (74) and an internal vent tube (56), and the nozzle body is configured such that at least some dispensed material flows below the vent tube before reaching the material outlet (see Figure 2).
Regarding claim 8, wherein the nozzle assembly includes a tubular sleeve (30) disposed about the nozzle body (see Figure 2), and the nozzle body is movable axially relative to the tubular sleeve for dispensing material. See Figures 1 and 2 and col. 4, lines 34 – 60).
Regarding claim 9, wherein a portion of the dispensed material intersects and flows through an axis of the vent tube before reaching the material outlet. Inherent to the device. See vent inflow and liquid outflow in Figure 2.
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 (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 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.
Claim(s) 2 - 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Day et al. in view of Tompkins, Jr.
Regarding claim 2, the Day et al. reference discloses the invention as claimed, discussed supra, but doesn’t disclose at least one upper material outlet. However, the Tompkins, Jr. reference discloses a filling assembly having at least one lower material outlet (42) and at least one upper material outlet (44) above the at least one lower material outlet (see Figure 5) so that the flow does not serve to break up the liquid into a turbulent flow that creates foam. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date (col. 4, lines 61 – 66). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date to modify the Day et al. device to have upper and lower material outlets as, for example, taught by the Tompkins, Jr. reference in order to further reduce foaming by decreasing turbulent flow.
Regarding claim 3, wherein the nozzle assembly of Day et al. further includes a tubular sleeve (30) disposed about the nozzle body (see Figure 2), and the nozzle body is movable axially relative to the tubular sleeve for dispensing material. See Figures 1 and 2 and col. 4, lines 34 – 60.
Regarding claim 4, wherein the Tompkins et al. reference further teaches the nozzle body (12) includes an internal structure (i.e., bottom edge of outlet 44) to divert a portion of downward flowing material through the upper material outlet (44).
Regarding claim 5, wherein the internal structure primarily diverts material that is flowing downward along a radially outward portion of a downward material
flow path in the nozzle body. Inherent to the operation of the device.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over the Tompkins, Jr. and Day et al.
Regarding claim 6, the Tompkins, Jr. and Day et al. references disclose filling assemblies, discussed supra, but don’t disclose the internal structure and the at least one upper material outlet are collectively configured, positioned and sized such that a volumetric flow through the at least one upper material outlet is between 20% and 50% of a total volumetric flow from the nozzle. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to configure, position and size a volumetric flow through the at least one upper material outlet to be between 20% and 50% of a total volumetric flow from the nozzle in the aforementioned devices, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The Kiholm reference (6135167) discloses a filling assembly (Figure 3) for filling a container (49) with a flowable material, comprising: a nozzle assembly (10; Fig. 2) that is configured to direct outflow of dispensed material primarily laterally so as to contact the upright wall of the container (see Figure 3).
The Waxlax reference (3741263) discloses a filling assembly (Fig. 1) for filling a container (9) with a flowable material, comprising: a nozzle assembly (Figs. 2 and 3) that is configured to direct outflow of dispensed material primarily laterally so as to contact the upright wall of the container (see 12; Figure 2).
The Manas reference (3175591) a filling assembly (110) having nozzle assembly (111; see Figs. 5 and 6) with outlet orifices (113’) and vent (120).
The Huntley reference (1371244) a filling assembly (Fig. 2) having nozzle assembly with outlet orifices (21) and vent (20).
The Fogg reference (5083593) a filling assembly (Figs. 8 and 9) having nozzle assembly with outlet orifice (65), tubular sleeve (61) and vent (63).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY LEWIS MAUST whose telephone number is (571)272-4891. The examiner can normally be reached Monday - Thursday, 7am - 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig Schneider can be reached at 571-272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY L MAUST/ Primary Examiner, Art Unit 3753
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