Page 1 of 32

UNITED STATES PATENT AND TRADEMARK OFFICE

UNITED STATES DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

Address: COMMISSIONER FOR PATENTS

P.O. Box 1450

Alexandria, Virginia 22313-1450

www.uspto.gov

APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.

14/418,597 01/30/2015 Dieter-Rudolf Krulitsch 40047-221US1 4661

69713 7590 11/04/2020

OCCHIUTI & ROHLICEK LLP

50 Congress Street

Suite 1000

Boston, MA 02109

EXAMINER

STCLAIR, ANDREW D

ART UNIT PAPER NUMBER

3799

NOTIFICATION DATE DELIVERY MODE

11/04/2020 ELECTRONIC

Please find below and/or attached an Office communication concerning this application or proceeding.

The time period for reply, if any, is set in the attached communication.

Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the

following e-mail address(es):

INFO@ORPATENT.COM

PTOL-90A (Rev. 04/07)

Page 2 of 32

UNITED STATES PATENT AND TRADEMARK OFFICE

____________________

BEFORE THE PATENT TRIAL AND APPEAL BOARD

____________________

Ex parte DIETER-RUDOLF KRULITSCH

__________________

Appeal 2020-001448

Application 14/418,597

Technology Center 3700

____________________

Before JAMES P. CALVE, WILLIAM A. CAPP, and

LEE L. STEPINA, Administrative Patent Judges.

CALVE, Administrative Patent Judge.

DECISION ON APPEAL

STATEMENT OF THE CASE

Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals from the decision

of the Examiner to reject claims 10–27 and 31–33.

2

Appeal Br. 1. We have

jurisdiction under 35 U.S.C. § 6(b). Appellant presented argument at an oral

hearing conducted on October 22, 2020.

We AFFIRM IN PART.

1 “Appellant” refers to “applicant” as defined in 37 C.F.R. § 1.42. Appellant

identifies KHS GmbH as the real party in interest. Appeal Br. 1.

2 Claims 1–9 and 28–30 are cancelled. Appeal Br. 59, 63 (Claims App.).

Page 3 of 32

Appeal 2020-001448

Application 14/418,597

2

CLAIMED SUBJECT MATTER

Claim 19, the sole independent claim, is reproduced below.

19. An apparatus comprising a can-filling machine for filling

cans with liquid filling-material, said can-filling machine

comprising

a rotor that rotates about a vertical machine-axis and that

defines filling positions for filling cans;

a filling element disposed in one of said filling positions,

said filling element comprising a filling-element housing

comprising a first housing-section that defines a liquid

channel that extends along a filling-element axis and

through said first housing-section to a delivery orifice

through which a controlled flow of liquid filling-material

enters a can,

a sealing tulip that is movable along said filling-element

axis between a raised position, at which said sealing tulip

releases said can, and a lowered position, at which said

sealing tulip seals against an orifice edge of said can,

a bellows that surrounds said filling-element axis and at

least a portion of said filling-element housing and that

forms seals with said filling-element housing and said

sealing tulip at first and second ends thereof, wherein said

bellows seals a transition between said sealing tulip and

said filling-element housing, whereby there is no sliding

seal to seal said transition between said tulip and said

filling-element housing, and

a valve disposed in said liquid channel and configured to

control flow of said liquid filling-material through said

delivery orifice,

wherein, during operation of said filling element, either a

filling pressure or a pre-tensioning pressure acts on inner

surfaces of both said sealing tulip and said bellows and

also presses said sealing tulip against said orifice edge.

Appeal Br. 61–62 (Claims App.).