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Paper No. 01 Filed: December 18, 2014
Filed on behalf of: Morris & Associates, Inc. By: Andrew Crain (andrew.crain@thomashorstemeyer.com) Robert Gravois (robert.gravois@thomashorstemeyer.com) Kenneth Knox (kenny.knox@thomashorstemeyer.com) THOMAS | HORSTEMEYER, LLP 400 Interstate North Parkway, SE Suite 1500 Atlanta, Georgia 30339 Tel: (770) 933-9500 Fax: (770) 951-0933
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE PATENT TRIAL AND APPEAL BOARD __________
MORRIS & ASSOCIATES, INC.
Petitioner,
v.
COOLING & APPLIED TECHNOLOGY, INC.
Patent Owner _________
Case No. To Be Assigned
U.S. Patent No. 6,397,622 _________
PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 6,397,622
UNDER 35 U.S.C. §§ 311-319 AND 37 C.F.R. § 42.100 et seq.
Case No. To Be Assigned Patent No. 6,397,622
i
TABLE OF CONTENTS
I. MANDATORY NOTICES UNDER 37 C.F.R. § 42.8(B) .......................... 1
A. Real Party-In-Interest (37 C.F.R. § 42.8(b)(1)) ................................... 1
B. Related Matters (37 C.F.R. § 42.8(b)(2)) ............................................. 1
C. Lead and Backup Counsel (37 C.F.R. § 42.8(b)(3)) and Service Information (37 C.F.R. § 42.8(b)(4)) ................................................... 1
II. COMPLIANCE WITH REQUIREMENTS FOR INTER PARTES REVIEW PETITION .................................................................................... 2
A. Grounds for Standing (37 C.F.R. § 42.104(a)) .................................... 2
B. Challenged Claims and Statutory Grounds (37 C.F.R. §§ 42.104(b)(1)-(2)) .................................................................................. 2
C. Claim Construction (37 C.F.R. § 42.104(b)(3)) ................................... 3
D. Unpatentability of the Construed Claims (37 C.F.R. § 42.104(b)(4)) ..................................................................................... 3
E. Supporting Evidence (37 C.F.R. § 42.104(b)(5))................................. 3
F. Fees (37 C.F.R. § 42.103) .................................................................... 4
III. OVERVIEW OF THE ’622 PATENT ......................................................... 4
A. Subject Matter of the ’622 Patent ......................................................... 4
B. Prosecution and Reexamination History of the ’622 Patent ................ 5
IV. PERSON OF ORDINARY SKILL IN THE ART ...................................... 8
V. CLAIM CONSTRUCTION .......................................................................... 9
A. semi-cylinder ........................................................................................ 9
B. at least one flight ................................................................................ 10
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and Morris.................
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gned 7,622
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.... 60
Case No. To Be Assigned Patent No. 6,397,622
iv
TABLE OF AUTHORITIES
CASES
In re Am. Acad. of Sci. Tech Ctr., 367 F.3d 1359 (Fed. Cir. 2004) ........................... 9 In re Donaldson Co., 16 F.3d 1189 (Fed. Cir. 1994) ................................................ 9 J.T. Eaton & Co. v. Atlantic Paste & Glue Co., 106 F.3d 1563 (Fed. Cir. 1997) ..... 7 MacAuto U.S.A. v. BOS GmbH & KG, IPR2012-00004, Paper 18 (Jan. 24, 2013) 15 MacAuto U.S.A. v. BOS GmbH & KG, IPR2012-00004, Paper 18, p. 19 (Jan. 24, 2013) ................................................................................................................. 17, 18 Ormco Corp. v. Align Tech., Inc., 463 F.3d 1299 (Fed. Cir. 2006) ........................... 7 Richdel, Inc. v. Sunspool Corp., 714 F.2d 1573 (Fed. Cir. 1983) ............................. 7
STATUTES
35 U.S.C. § 112 ¶ 6 ................................................................................. 9, 12, 13, 14 37 C.F.R. § 42.100(b) ................................................................................................ 9
Case No. To Be Assigned Patent No. 6,397,622
v
LIST OF EXHIBITS
Exhibit Description
Ex. 1001 U.S. Patent No. 6,397,622, including Ex Parte Reexamination Certificate (“the ’622 Patent”)
Ex. 1002 U.S. Patent Application No. 09/298,364, which is incorporated by reference in the ’622 Patent
Ex. 1003 File History for U.S. Patent No. 6,397,622
Ex. 1004 U.S. Patent No. 4,860,554 to Innes et al. (“Innes”)
Ex. 1005 U.S. Patent No. 4,788,831 to Crawford et al. (“Crawford”)
Ex. 1006 U.S. Patent No. 5,868,000 to Morris et al. (“Morris ’000”)
Ex. 1007 U.S. Patent No. 3,410,101 to Morris (“Morris ’101”)
Ex. 1008 Declaration of Douglas Smith, Ph.D.
Ex. 1009 Patent Owner’s Responses to Interrogatories
Ex. 1010 Deposition Transcript of Andrew C. Estes (with redactions)
Ex. 1011 Exhibit 6 to the Deposition of Andrew C. Estes
Ex. 1012 Patent Owner’s Infringement Contentions
Ex. 1013 Exhibit 7 to the Deposition of Andrew C. Estes
Case No. To Be Assigned Patent No. 6,397,622
1
I. MANDATORY NOTICES UNDER 37 C.F.R. § 42.8(B)
A. Real Party-In-Interest (37 C.F.R. § 42.8(b)(1))
The real party-in-interest for this Petition for Inter Partes Review is Morris
& Associates, Inc. (“Petitioner”).
B. Related Matters (37 C.F.R. § 42.8(b)(2))
U.S. Patent No. 6,397,622 (“the ’622 Patent”) is the subject of litigation
pending in the United Stated District Court for the Eastern District of Arkansas in
the action captioned Cooling & Applied Technology, Inc. v. Morris & Associates,
Inc. (Civil Action No. 4:14-cv-0368-BRW (E.D. Ark.)).
C. Lead and Backup Counsel (37 C.F.R. § 42.8(b)(3)) and Service Information (37 C.F.R. § 42.8(b)(4))
Lead Counsel Back-up Counsel N. Andrew Crain (Reg. No. 45,442) andrew.crain@thomashorstemeyer.com T: (770) 933-9500; F: (770) 951-0933 Postal & Hand-Delivery Address Thomas | Horstemeyer 400 Interstate North Parkway, SE Suite 1500 Atlanta, GA 30339
Robert Gravois (Reg. No. 67,224) robert.gravois@thomashorstemeyer.com T: (770) 933-9500; F: (770) 951-0933 Kenneth Knox (Reg. No. 71,306) kenny.knox@thomashorstemeyer.com T: (770) 933-9500; F: (770) 951-0933 Postal & Hand-Delivery Address Thomas | Horstemeyer 400 Interstate North Parkway, SE Suite 1500 Atlanta, GA 30339
Case No. To Be Assigned Patent No. 6,397,622
2
II. COMPLIANCE WITH REQUIREMENTS FOR INTER PARTES REVIEW PETITION
A. Grounds for Standing (37 C.F.R. § 42.104(a))
Pursuant to 37 C.F.R. § 42.104(a), Petitioner certifies that the ’622 Patent is
available for inter partes review and that Petitioner is not barred or estopped from
requesting an inter partes review challenging the ’622 Patent.
B. Challenged Claims and Statutory Grounds (37 C.F.R. §§ 42.104(b)(1)-(2))
Petitioner relies on the patents and printed publications listed below.
Exhibit Reference Filing Date Availability as Prior Art
Ex. 1004 U.S. Patent No. 4,860,554 to Innes et al. (“Innes”)
September 19th, 1988
35 U.S.C. § 102(b)
Ex. 1005 U.S. Patent No. 4,788,831 to Crawford et al. (“Crawford”)
September 8th, 1987
35 U.S.C. § 102(b)
Ex. 1006 U.S. Patent No. 5,868,000 to Morris et al. (“Morris ’000”)
September 8th, 1997
35 U.S.C. § 102(b)
Ex. 1007 U.S. Patent No. 3,410,101 to Morris (“Morris ’101”)
November 10th, 1966
35 U.S.C. § 102(b)
The relief requested by Petitioner is that claims 1-8 of the ’622 Patent be
found unpatentable and cancelled based on the following grounds:
Ground Claims Basis I 1 and 3-8 Obvious under 35 U.S.C. § 103(a) in view of Innes and
Crawford.
II 2 Obvious under 35 U.S.C. § 103(a) in view of Innes, Crawford, and Morris ’101.
III 1 and 3-8 Obvious under 35 U.S.C. § 103(a) in view of Innes and Morris ’000.
Case No. To Be Assigned Patent No. 6,397,622
3
IV 2 Obvious under 35 U.S.C. § 103(a) in view of Innes, Morris ’000, and Morris ’101.
C. Claim Construction (37 C.F.R. § 42.104(b)(3))
Petitioner submits the broadest reasonable construction in light of the
specification for a number of claim terms of the ’622 Patent in Section V below.
For claim elements that invoke means-plus-function treatment under 35 U.S.C.
§ 112 ¶ 6, Petitioner identifies the specific portions of the specification that
describe the structure that correspond to each claimed function in Section V below.
D. Unpatentability of the Construed Claims (37 C.F.R. § 42.104(b)(4))
An explanation of why claims 1-8 of the ’622 Patent are unpatentable under
the grounds identified above is provided in Section VI below.
E. Supporting Evidence (37 C.F.R. § 42.104(b)(5))
The exhibit numbers of the evidence relied upon to support the challenges
set forth herein and the relevance of the evidence to the challenges raised,
including identifications of the specific portions of the evidence that support the
challenges, are provided in the text and claim charts in Section VI below.
Additionally, an Exhibit List, including exhibit numbers and a brief description of
each exhibit, is provided above.
Case No. To Be Assigned Patent No. 6,397,622
4
F. Fees (37 C.F.R. § 42.103)
The undersigned submits that the fees ($9000 request fee and $14,000 post-
institution fee) set forth in 37 C.F.R. § 42.15(a) have been paid for this Petition.
The undersigned further authorizes payment for any additional fees that might be
due in connection with this Petition to be charged to Deposit Account No. 20-0778.
III. OVERVIEW OF THE ’622 PATENT
A. Subject Matter of the ’622 Patent
In a poultry processing facility, poultry carcasses are subjected to an
evisceration process. Ex. 1008, ¶ 12. After the evisceration process, the carcasses
are cleaned and chilled in a device known as a chiller to reduce the likelihood of
the growth of harmful bacteria, such as e. coli, salmonella, etc. Id.
The ’622 Patent claims a counter flow, re-circulating, externally refrigerated,
auger type of chiller having a semi-cylindrical tank. Ex. 1001, claims 1 and 8. As
described in the background of the ’622 Patent, in a “counter flow” chiller, chilled
water moves in an opposite direction relative to the direction in which poultry
carcasses move. Id. at 1:28-33. The background of the ’622 Patent admits that
counter flow chillers were well known in the art. Id.
The ’622 Patent admits that recirculation systems were well known in the
art. Id. at 1:43-53. In such systems, “[t]he chilled water enters the chiller at one
end, circulates through the chiller, and after being warmed by contact with the
Case No. To Be Assigned Patent No. 6,397,622
5
poultry carcasses, exits the chiller. The warmed water is again chilled by the
refrigeration unit and re-circulated through the chiller.” Id. at 1:49-53.
The background of the ’622 Patent also admits that auger type chillers
having walls of semi-cylindrical cross-sections were known in the art. Id. at 2:48-
49. According to the ’622 Patent, the semi-cylindrical shape results in water being
forced to flow in a helical path determined by the auger. Id. at 2:42-3:6.
B. Prosecution and Reexamination History of the ’622 Patent
The application that resulted in the ’622 Patent was filed on August 11, 2000
with two claims: independent claim 1 and dependent claim 2. Ex. 1003, p. 20.
During prosecution of the application that resulted in the ’622 Patent, one Office
Action was issued. Cooling & Applied Technology, Inc. (“Patent Owner”)
responded to the rejection of independent claim 1 by arguing that the cited
references did not teach “means for discharging chilling water from said inlet end
of said tank” and “means for ... introducing chilling water into said outlet end of
said tank.” Id. at 49. A Notice of Allowability issued thereafter. Id. at 60.
After waiting eleven years, Patent Owner filed a request for ex parte
reexamination of the ’622 Patent, claiming that previously-considered prior art had
not been adequately considered. Id. at 69 and 78-80. The Patent Office found that
Morris ’000 (Ex. 1006) and U.S. Patent No. 5,456,091 to Zittel (“Zittel”), raised
substantial new questions of patentability and ordered ex parte reexamination of
Case No. To Be Assigned Patent No. 6,397,622
6
the ’622 Patent. Id. at 173-175. In the Office Action that followed, the Examiner
rejected independent claim 1 as being anticipated by, or in the alternative obvious
over, Morris ’000. Id. at 183. The Examiner also rejected independent claim 1 as
being anticipated by, or in the alternative obvious over, Zittel. Id. at 185. The
Office Action also rejected claim 2 as being obvious over (i) Morris ’000 in view
of U.S. Patent No. 4,697,508, to Tallafus (“Tallafus”), and (ii) Zittel in view of
Tallafus. Id. at 186-187.
In response to the Office Action, Patent Owner substantially amended
independent claim 1 and added new claims 3-8. Id. at 264-267. Patent Owner
argued that the prior art failed to show or suggest the amended claim elements. Id.
at 269-271. However, as discussed in Section VI below, the prior art shows or
suggests each and every element of the claims.
During the ex parte reexamination, Patent Owner also filed a declaration
under 37 C.F.R. § 1.132 that included sales numbers and statements made by
Patent Owner’s president. Id. at 275-282. Patent Owner used this declaration to
argue that the combination of “(1) a tank where the entire inner surface of the tank
side walls is positioned parallel to the outer edges of the flights of the auger; (2) a
tank filled with chilling water to a water level above the shaft of the auger and
below the top of the flights of the auger; and (3) a tank where the entire inner
surface of the tank side walls conforms closely to the outer edges of the flights of
Case No. To Be Assigned Patent No. 6,397,622
7
the auger” resulted in commercial success, thereby demonstrating that the
independent claims of the ’622 Patent were not obvious. Id. at 271-272.
However, as discussed in Section VI below, all of these elements are indeed
shown or suggested by a single prior art reference, namely Innes (Ex. 1004).
Because the elements that Patent Owner contended resulted in commercial success
were known in the prior art, the purported commercial success should not have
been deemed pertinent to the obviousness inquiry. Ormco Corp. v. Align Tech.,
Inc., 463 F.3d 1299, 1312 (Fed. Cir. 2006) (“[I]f the feature that creates the
commercial success was known in the prior art, the success is not pertinent [to the
obviousness inquiry].”); see J.T. Eaton & Co. v. Atlantic Paste & Glue Co., 106
F.3d 1563, 1571 (Fed. Cir. 1997) (“[T]he asserted commercial success of the
product must be due to the merits of the claimed invention beyond what was
readily available in the prior art.”); see also, Richdel, Inc. v. Sunspool Corp., 714
F.2d 1573, 1580 (Fed. Cir. 1983) (finding commercial success immaterial to the
obvious inquiry when the patent owner failed to show that the commercial success
was due to features that were not already available in the prior art).
Case No. To Be Assigned Patent No. 6,397,622
8
Nonetheless, the Examiner issued a Notice of Intent to Issue Inter Partes
Reexamination Certificate,1 finding claims 1 and 2 patentable as amended. Ex.
1003, p. 302. The newly added claims 3-8 were also found patentable by the
Examiner. Id. In the Statement of Reasons for Patentability and/or Confirmation,
the Examiner stated that the prior art did not teach certain claim elements and that
the declaration under 37 C.F.R. § 1.132 was “found to be persuasive” and
“convincing.” Id. at 302-303. Patent Owner did not respond to the Examiner’s
Statement of Reasons for Patentability and/or Confirmation.
IV. PERSON OF ORDINARY SKILL IN THE ART
The technical field of the ’622 Patent is poultry chillers. Ex. 1001, 1:5-9
(“The present invention relates to auger type poultry chillers[.]”); Ex. 1008, ¶ 12.
A person of ordinary skill in the art of the of ’622 Patent at the time of the alleged
invention would typically have had a bachelor’s degree in science or engineering,
or a related field, and approximately two years of practical experience working
directly with poultry chillers in a poultry processing facility that operates poultry
chillers or by designing and manufacturing poultry chillers. Id. at ¶¶ 24-25.
1 The ’622 Patent was subject to an ex parte reexamination—not an inter partes
reexamination.
Case No. To Be Assigned Patent No. 6,397,622
9
V. CLAIM CONSTRUCTION
A claim subject to inter partes review is given its “broadest reasonable
construction in light of the specification of the patent in which it appears.” 37
C.F.R. § 42.100(b). “[C]laim language should be read in light of the specification
as it would be interpreted by one of ordinary skill in the art.” In re Am. Acad. of
Sci. Tech Ctr., 367 F.3d 1359, 1364 (Fed. Cir. 2004) (quoting In re Bond, 910 F.2d
831, 833 (Fed. Cir. 1990)). Petitioner submits the broadest reasonable construction
for a number of claim terms below. Petitioner reserves the right to apply different
claim constructions in different forums, as different claim construction standards
may be applicable.
As identified below, several claim limitations invoke means-plus-function
treatment under 35 U.S.C. § 112 ¶ 6. The broadest reasonable construction of a
claim limitation that invokes 35 U.S.C. § 112 ¶ 6 is the structure, material, or act
described in the specification as performing the entire claimed function and
equivalents to the disclosed structure, material, or act. In re Donaldson Co., 16
F.3d 1189, 1193 (Fed. Cir. 1994).
A. semi-cylinder
The term “semi-cylinder” is recited in claims 1 and 8. The ’622 Patent states
that “the longitudinal walls 70 form a semi-cylinder which conforms closely to the
Case No. To Be Assigned Patent No. 6,397,622
10
outer edges 72 of the auger 71.” Ex. 1001, 4:61-62. FIGS. 1 & 5 of the ’622 are
shown below and illustrate a semi-cylinder, as the term is used in the ’622 Patent.
As shown in FIGS. 1 and 5, the cylindrical tank has a longitudinal opening. So, for
the purposes of this inter partes review, the broadest reasonable interpretation of
“semi-cylinder” is “cylinder having a longitudinal opening.” See Ex. 1008, ¶ 27.
B. at least one flight
The phrase “at least one flight” is recited in claims 1 and 8. The ’622 Patent
states, “[t]he auger 10 may comprise one or more flights 11 which together form a
helical structure.” Ex. 1001, 4:2-4. In the ongoing litigation on the ’622 Patent,
Patent Owner submitted that the ordinary and accustomed meaning of “flight”
includes “one complete turn of something.” Ex. 1009, p. 8. Thus, for the purposes
of this inter partes review, Petitioner submits Patent Owner’s proposed
construction of this term, such that the phrase “at least one flight” means “at least
one complete turn of something.”
Case No. To Be Assigned Patent No. 6,397,622
11
C. wherein an entirety of said inner surface of said tank side walls is positioned parallel to said outer edges of said at least one flight of said auger
The phrase “wherein an entirety of said inner surface of said tank side walls
is positioned parallel to said outer edges of said at least one flight of said auger” is
recited in claims 1 and 8. The term “parallel” does not appear in the specification
of the ’622 Patent. However, Patent Owner acted as its own lexicographer and
clearly set forth and specified a definition of “parallel.” Specifically, during the ex
parte reexamination of the ’622 Patent, Patent Owner declared, “As used herein,
‘parallel’ means ‘everywhere equally distant.’” Ex. 1003, p. 268.
Thus, for the purposes of this inter partes review, Petitioner adopts Patent
Owner’s definition of “parallel.” As such, the phrase “wherein an entirety of said
inner surface of said tank side walls is positioned parallel to said outer edges of
said at least one flight of said auger” therefore means “wherein an entirety of said
inner surface of said tank side walls is positioned everywhere equally distant to
said outer edges of said at least one flight of said auger.” See Ex. 1012, pp. 8-9. It
should also be noted that the very dictionary definition of “parallel” cited and
relied upon by Patent Owner during the reexamination also provides as part of the
definition the term “concentric,” which is also relevant to this analysis. See Ex.
1003, pp. 256 and 268.
Case No. To Be Assigned Patent No. 6,397,622
12
D. means for removing the food product from said outlet end
The phrase “means for removing the food product from said outlet end” is
recited in claims 1 and 3 and invokes means-plus-function treatment under 35
U.S.C. § 112 ¶ 6. In the ongoing litigation on the ’622 Patent, Patent Owner has
submitted that the structure in the ’622 Patent that performs this recited function is
“an unloader,” mentioned in col. 4, lines 29-32, of the ’622 Patent. Ex. 1009, p. 8.
For the purposes of this inter partes review, Petitioner submits Patent Owner’s
position that the “unloader” in col. 1, lines 31-32,2 of the Ex Parte Reexamination
Certificate for the ’622 Patent is the structure that performs this recited function.
E. means for discharging chilling water from said inlet end of said tank
The phrase “means for discharging chilling water from said inlet end of said
tank” is recited in claims 1 and 4 and invokes means-plus-function treatment under
35 U.S.C. § 112 ¶ 6. In the ongoing litigation on the ’622 Patent, Patent Owner
has submitted that a “chilling water line” is provided in col. 4, lines 20-29, and
FIG. 2 of the ’622 Patent and performs the recited function. Ex. 1009, p. 8. For
the purposes of this inter partes review only, Petitioner submits Patent Owner’s
2 Col. 1, lines 31-32, of the Ex Parte Reexamination Certificate amends col. 4,
lines 29-32, of the ’622 Patent as originally issued.
Case No. To Be Assigned Patent No. 6,397,622
13
position that a chilling water line, provided in col. 4, lines 20-29, of the ’622
Patent, performs this recited function.
F. refrigerating means external to said outer surface of said tank for refrigerating the chilling water discharged from said inlet end of said tank
The phrase “refrigerating means external to said outer surface of said tank
for refrigerating the chilling water discharged from said inlet end of said tank” is
recited in claims 1, 6, and 7 and invokes means-plus-function treatment under 35
U.S.C. § 112 ¶ 6. The structure in the ’622 Patent that performs the recited
function is a refrigeration system and/or a heat exchanger mentioned in col. 4, lines
23-27, and FIG. 2 of the ’622 Patent. Ex. 1008, ¶ 31.
G. means for re-circulating chilling water from said refrigerating means and introducing chilling water into said outlet end of said tank
The phrase “means for re-circulating chilling water from said refrigerating
means and introducing chilling water into said outlet end of said tank” is recited in
claims 1 and 5 and invokes means-plus function treatment under 35 U.S.C.
§ 112 ¶ 6. In the ongoing litigation on the ’622 Patent, Patent Owner has
submitted that a “chilling water line” is provided in col. 4, lines 20-29, and FIG. 2
of the ’622 Patent and performs the recited function. Ex. 1009, p. 8. For the
purposes of this inter partes review, Petitioner submits Patent Owner’s position
that a c
perform
T
toward
treatmen
perform
lines 13
V
In
“substan
shaft w
dimensi
semicyl
worm i
tank’s a
chilling w
ms this recit
H.
The phrase
said inlet
nt under 3
ms the recit
3-23, and F
VI. CLATHE
A.
nnes descr
ntially sem
within the
ioned so a
lindrical an
s mounted
axis. Id. at
water line,
ted functio
means downwa
“means fo
t end” is
35 U.S.C.
ted functio
FIG. 3 of th
AIMS 1-8 E CITED P
Overview
In1.
ribes a cou
mi-cylindri
interior o
as to close
nd extend
d within th
4:67-5:1.
provided
on.
for slopiardly towa
for sloping
recited in
§ 112 ¶
on is a tan
he ’622 Pat
OF THEPRIOR AR
w of the C
nes (Ex. 1
unter-flow
cal form”
of the tank
ely approac
270° or m
he tank suc
14
in col. 4,
ing said ard said in
said tank
n claim 2
6. The
nk base or
tent. Ex. 1
E ’622 PART REFER
Cited Prior
004)
auger-styl
with a wo
k. Ex. 1
ch the sur
more around
ch that the
C
lines 20-
tank frnlet end
from said
and invok
structure
stand that
1008, ¶ 33.
ATENT ARENCES
r Art Refe
le poultry
orm (i.e.,
1004, 3:38
rface of th
d the worm
e worm’s
Case No. TPatent
-29, of the
rom said
d outlet en
kes means
in the ’62
t is referre
ARE OBV
erences
chiller ha
an auger)
8-44. “Th
he tank 3 w
m.” Id. at
shaft is co
To Be AssigNo. 6,397
e ’622 Pa
d outlet
nd downwa
s-plus-func
22 Patent
ed to in co
VIOUS OV
aving a tan
mounted
he worm
which may
t 3:44-46.
oaxial with
gned 7,622
atent,
end
ardly
ction
that
ol. 5,
VER
nk of
on a
4 is
y be
The
h the
Case No. To Be Assigned Patent No. 6,397,622
15
During operation, water, which may be pre-chilled by an external
refrigeration system, is provided to the tank through an inlet at the end of the tank
where poultry carcasses are unloaded from the tank. Id. at 4:12-14. The chilled
water flows towards an overflow pipe that is located on the end of the tank where
eviscerated carcasses are added. Id. at 3:50-52 and 2:37-38.
Innes discloses that the worm rotates, causing the poultry carcasses to
proceed from the input end to the output end of the tank. Id. at 2:51-52, 3:21-24,
and 4:17-25. When a carcass arrives at the output end of the tank, the carcasses are
removed using an unloader. Id. at 4:25-27; see, Ex. 1008, ¶ 15; see also, Ex. 1010,
171:14-172:4 (Andrew Estes, one of the inventors of the ’622 Patent, identifying
the discharge mechanism of Innes as being an unloader).
Although Innes was considered during the prosecution of the application that
resulted in the ’622 Patent, Innes was not later relied upon as a basis for rejection
during the ex parte reexamination, when all of the independent claims were either
substantially amended or added. See Ex. 1003, pp. 264-267. Therefore, arguments
presented herein using Innes as a basis for invalidity have not been previously
considered by the Patent Office. Moreover, even if the Patent Office had
previously considered the arguments presented herein (which it has not), the Board
would still be permitted to institute trial. MacAuto U.S.A. v. BOS GmbH & KG,
IPR2012-00004, Paper 18, p. 19 (Jan. 24, 2013) (“[The Board] is not required by
statute t
previou
C
carcasse
Chilled
discharg
1005, 3
A
through
the tank
provide
refriger
1005, 2
near the
A
that resu
rejection
were ei
the argu
to reject a
usly consid
Crawford
es through
water en
ged and flo
:10-13.
A portion o
h an overflo
k through
es this wate
ation syste
2:68-3:5. A
e outlet end
Although C
ulted in th
n during t
ther substa
uments pre
a Petition b
ered by the
Cr2.
describes
an elonga
nters the t
ows to the
of the chille
ow line. Id
a chilling
er to a refr
em chills th
Another ch
d of the tan
Crawford w
he ’622 Pat
the ex par
antially am
esented he
based upon
e Office[.]”
rawford (E
a drag-st
ated, open-
tank near
end of the
ed water, a
Id. at 3:5-1
water line
frigeration
he received
hilling wat
nk. Id. at 2
was conside
tent, Craw
rte reexam
mended or
rein using
16
n the fact
”).
Ex. 1005)
tyle poult
top tank.
the end
e tank wher
along with
0. Anothe
e that is in
system. I
d water thr
er line pro
2:68-3:5; E
ered during
wford was n
ination, w
added. E
Crawford
C
that certai
try chiller
Ex. 1005,
of the tan
re the carc
grease and
er portion o
n communi
Id. at 3:5-1
rough use
ovides the
Ex. 1008, ¶
g the prose
not later re
when all of
Ex. 1003, p
d as a basi
Case No. TPatent
in argumen
r that con
2:46-60; E
nk where
casses enter
d particles
of the chil
ication wit
13; Ex. 10
of a heat e
chilled wa
¶ 45.
ecution of
elied upon
f the indep
pp. 264-26
s for inval
To Be AssigNo. 6,397
nts or art w
nveys pou
Ex. 1008, ¶
carcasses
r the tank.
, exits the
led water e
th a pump
008, ¶ 44.
exchanger.
ater to the
the applica
n as a basis
pendent cla
67. There
lidity have
gned 7,622
were
ultry
¶ 16.
s are
Ex.
tank
exits
that
The
Ex.
tank
ation
s for
aims
fore,
e not
been pr
Office h
not), th
BOS Gm
is not r
argumen
M
rotates t
1006, 1
the tank
35. Th
carcasse
unloade
A
the ’622
invalidi
even if
(which
MacAut
reviously c
had previo
e Board w
mbH & KG
required by
nts or art w
Morris ’000
to move po
:6-8 and 1
k and is pro
he re-chille
es are outp
er removes
Although M
2 Patent, t
ity have no
f the Offic
they have
to U.S.A. v
considered
ously cons
would still
G, IPR2012
y statute t
were previo
M3.
0 describe
oultry carc
:18-30. Th
ovided to a
d water is
put. Id.
the carcas
Morris ’000
the argume
ot been pr
ce had pr
e not), the
v. BOS Gm
d by the P
sidered the
be permitt
2-00004, P
to rejected
ously cons
Morris ’000
s a counte
casses from
he water e
a refrigera
then return
When a p
ss from the
0 was cons
ents presen
reviously c
reviously c
Board wo
mbH & KG
17
atent Offi
e argumen
ted to insti
Paper 18, p
d a Petition
idered by t
0 (Ex. 1006
er-flow aug
m an inlet e
xits the tan
ation unit th
ned to the t
poultry car
e tank. Ex.
sidered du
nted herein
considered
considered
ould still b
G, IPR201
C
ce. More
nts present
itute trial.
p. 19 (Jan.
n based up
the Office[
6)
ger-style c
end to an o
nk at the e
hat re-chill
tank near t
rcass arriv
. 1008, ¶¶ 7
uring the ex
n using M
d by the Pa
d the argu
be permitte
2-00004, P
Case No. TPatent
eover, even
ted herein
See MacA
24, 2013)
pon the fa
[.]”).
chiller in w
outlet end
nd where c
ls the wate
the end of
es at the o
73 and 80.
x parte ree
Morris ’000
atent Offic
uments pre
ed to insti
Paper 18, p
To Be AssigNo. 6,397
n if the Pa
(which it
Auto U.S.A
(“[The Bo
act that ce
which an a
of a tank.
carcasses e
er. Id. at 1
the tank w
output end
.
examinatio
as a basis
ce. Moreo
esented he
tute trial.
p. 19 (Jan
gned 7,622
atent
t has
A. v.
oard]
rtain
auger
Ex.
enter
1:29-
where
d, an
on of
s for
over,
erein
See
n. 24,
2013) (“
fact that
M
Ex. 100
downwa
particul
sloped p
claims i
T
and 3-8
[1.P] chiller,
[1.A] aside waoutlet einlet enoutlet eside waand anlongitudand sai
“[The Boa
t certain ar
Morris ’101
07, 1:9-11.
ardly from
lar, a sadd
position. I
in either th
B.
The followi
are obviou
Claim LAn augercomprising
a tank comalls havingend, an inlnd, an outend, wherealls compr
n outer sudinal side d outlet w
ard] is not r
rguments o
M4.
1 describes
The tank
m the discha
dle beam 1
Id. Morris
he prosecut
Ground Crawfor
ing claim
us over Inn
Cl1.
Limitationr type foog:
mprising log an inlet elet wall cllet wall clein said lorise an innurface, whwalls, said
wall togeth
required by
or art were
Morris ’101
s a poultry
k is moun
arge end to
9 rises fro
s ’101 was
tion or the
I: Claimrd
charts and
nes and Cr
laim 1
ns od produc
ongitudinaend and anlosing saidlosing saidongitudinaner surfaceherein saidd inlet walher form a
18
y statute to
previously
(Ex. 1007
chiller tha
nted on a b
o the feed
om the ba
s not used
reexamina
s 1 and 3
d discussion
rawford.
Dct Ex. 10
flow foscillati
al n d d al e d ll a
Ex. 10consistscylindricontainand winterior Ex. 100coils 7
C
o rejected a
y considere
7)
at has an el
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end of the
se frame t
as a basis
ation of the
3-8 Are O
n below d
Disclosure04 (Innes)food chiling screw-
004 (Inness of a tankical form
n the desireater and
r a worm 4
04 (Innes),are mount
Case No. TPatent
a Petition b
ed by the O
longated cy
that the
e tank. Id.
to position
s for reject
e ’622 Pate
Obvious ov
demonstrate
e by the Pr), abstractler provi-feed.” s), 3:38-42k 3 of subs
of a sizeed quantitwhich in
[.]”
, 3:47-52: ted on the
To Be AssigNo. 6,397
based upon
Office[.]”).
ylindrical t
tank is slo
at 3:58-65
n the tank
ting any of
ent.
ver Innes
e that claim
rior Art t: “A counded with
2: “the chstantially se sufficienty of carcancludes in
“Refrigeraexterior o
gned 7,622
n the
.
tank.
oped
5. In
in a
f the
and
ms 1
nter-h an
hiller emi-
nt to asses n its
ation f the
Case No. To Be Assigned Patent No. 6,397,622
19
semi-cylinder having an inner surface and an outer surface;
tank 3 ... , and a suitable water inlet [is] provided at 8 at the output end of the chiller. A water overflow is provided at the input end 10[.]” Ex. 1004 (Innes), FIG. 1.
[1.B] an auger comprising a shaft and a helical blade, wherein said helical blade forms at least one flight having outer edges, wherein said helical blade and said inner surface of said tank side walls forms a helical path between said inlet end of said tank and said outlet end of said tank, said auger mounted for rotation within said tank and having an axis of rotation whereby rotation of said auger moves a food product along said helical path from said inlet end of said tank to said outlet end of said tank;
Ex. 1004 (Innes), 3:38-44: “the chiller consists of ... a worm 4 mounted on a shaft 5. The shaft 5 passes through a suitable seal in the end of the tank and is connected to and driven by a reciprocating drive 6.” Ex. 1004 (Innes), 4:10-12: “The worm picks up the carcasses and tumbles them about by the action of the paddles and the steps in the worm.” Ex. 1004 (Innes), 4:21-25: “because the average motion of the worm is such as to cause the carcasses to proceed down the tank from the evisceration line to the discharge end, the net motion of the carcasses is towards the discharge.” Ex. 1004 (Innes), 4:30-36: “By selecting a suitable rate of rotation, the carcasses can be agitated in the tank ... and, at the same time, the ratio of forward motion to backward motion can be adjusted to ensure that the dwell time in the tank is optimized to produce sufficient chilling of the carcass[.]” Ex. 1004 (Innes), 3:14-19: “Revolutions are indexed so that reverse revolutions are less than the forward revolutions and a net forward action occurs at a rate appropriate to retaining the carcasses in the chill
Case No. To Be Assigned Patent No. 6,397,622
20
system long enough to extract the body heat necessary to reduce the internal meat temperature[.]”
[1.C] a volume of chilling water, wherein said tank is filled with said volume of said chilling water to a water level above said shaft of said auger and below a top of said at least one flight of said auger,
Ex. 1004 (Innes), 3:49-52: “a suitable water inlet [is] provided at 8 at the output end 9 of the chiller. A water overflow is provided at the input end 10 and is designated 11.” Ex. 1004 (Innes), 2:32-38: “To chill poultry most efficiently, it would be preferable to use water as a chilling medium, ... with a surplus of water being added to the tank at the end of the tank where the chilled poultry is exited and the overflow of water occurring at the end where the unchilled poultry is received into the tank.” Ex. 1004 (Innes), 4:12-15: “Water from inlet 8, which may be prechilled, is introduced adjacent the output end of the tank tending to chill the carcasses at that end and is further cooled by the refrigeration coils 7[.]” Ex. 1004 (Innes), FIG. 1.
[1.D] wherein an entirety of said inner surface of said tank side walls is positioned parallel to said outer edges of said at least one flight of said auger and wherein said entirety of said inner surface of said tank side walls conforms closely to said outer edges of said one or more flights of said auger, thereby forcing said chilling water to flow along said helical path when said auger rotates and impeding a flow of said chilling water between said tank
Ex. 1004 (Innes), 3:44-47: “The worm 4 is dimensioned so as to closely approach the surface of tank 3 which may be semicylindrical and extend 270° or more around the worm.” Ex. 1004 (Innes), 4:67-5:1: “a screw-feed mechanism mounted within said tank with its axis coaxial with axis of said tank and its outer edges closely approaching the inner surface of said tank.”
Case No. To Be Assigned Patent No. 6,397,622
21
side walls and said outer edges of said at least one flight of said auger when said auger rotates; [1.E] means from removing the food product from said outlet end;
Ex. 1004 (Innes), 3:54-56: “A discharge mechanism 14 at the output end removes the carcasses from the chiller and discharges them for further processing.” Ex. 1004 (Innes), 4:25-27: “After tumbling and chilling in the cold water, the carcasses are discharged into the discharge chute 14.” Ex. 1004 (Innes), FIG. 1.
[1.F] means for discharging chilling water from said inlet end of said tank;
Ex. 1004 (Innes), 3:50-51: “A water overflow is provided at the input end 10 and is designated 11.” Ex. 1004 (Innes), FIG. 1. Ex. 1005 (Crawford), 3:5-10: “The chilled liquid then flows downstream through the tank 12 and exists [sic] adjacent the loading end of the tank 12 at either position 28 as water overflow which is discarded as waste water along with floating grease and particles, or at position 30 as water for recycle.” Ex. 1005 (Crawford), 5:8-9: “Further details of the tank 12 include an outlet 128 at position 30 for providing liquid to pump 32 for recycle.” Ex. 1005 (Crawford), FIG. 4.
[1.G] refrigerating means external to said outer surface of said tank for refrigerating the chilling water discharged from said inlet end of said
Ex. 1005 (Crawford), 3:10-13: “Recycled water exiting at position 30 enters pump 32 and is pumped through a cooling system 34, wherein the recycled water is
Case No. To Be Assigned Patent No. 6,397,622
22
tank; and cooled by giving off heat to a heat exchanger 36, such as a refrigeration unit.”
[1.H] means for re-circulating chilling water from said refrigerating means and introducing chilling water into said outlet end of said tank.
Ex. 1004 (Innes), 3:49-50: “[A] suitable water inlet provided at 8 at the output 9 of the chiller.” Ex. 1004 (Innes), 4:12-14: “Water from inlet 8, which may be prechilled, is introduced adjacent the output end[.]” Ex. 1004 (Innes), FIG. 1. Ex. 1005 (Crawford), 5:10-13: “Known in the art but not shown is a liquid inlet at position 24 for return of the cooled recycled liquid to the tank 12 at position 26.”
Claim element [1.A] recites, “a tank comprising longitudinal side walls
having an inlet end and an outlet end, an inlet wall closing said inlet end, [and] an
outlet wall closing said outlet end.” FIG. 1 of
Innes, a portion of which is shown to the right,
illustrates that Innes’s tank has longitudinal
side walls, an inlet wall, and an outlet wall.
Claim element [1.A] also recites, “wherein said
longitudinal side walls, said inlet wall and said
outlet wall together form a semi-cylinder.” The background of the ’622 Patent
admits that Innes discloses an auger chiller with a “semi-cylindrical” tank. Ex.
outlet wall
inlet wall side walls
Case No. To Be Assigned Patent No. 6,397,622
23
1001, 2:48-51, 1:19-24. See also, Ex. 1008, ¶¶ 35-36. Furthermore, Andrew
Estes, one of the named inventors of the ’622 Patent, has admitted that Innes’s tank
is a “semi-cylindrical tank.” Ex. 1010, 146:13-147:16; see also, Ex. 1011, p. 2
(Andrew Estes’s annotations of FIG. 1 of Innes).
Claim element [1.B] recites, “wherein said helical blade and said inner
surface of said tank side walls forms a helical path between said inlet end of said
tank and said outlet end of said tank.” Innes discloses an auger that “closely
approach[es]” the surface of the tank. Ex. 1004, 3:44-46. By virtue of this
configuration, as one of ordinary skill in the art would know, the auger and the
interior walls of the tank disclosed in Innes form a helical path between the inlet
end and the outlet end of the tank. Ex. 1008, ¶¶ 35 and 37.
Claim element [1.B] also recites, “whereby rotation of said auger moves a
food product along said helical path from said inlet end of said tank to said outlet
end of said tank.” The auger in Innes rotates such that carcasses move from the
inlet end to the outlet end of the tank. Ex. 1008, ¶¶ 35 and 38. The background of
the ’622 Patent also admits that Innes’s chiller uses an auger to move carcasses
from the input end to the output end of the tank. Ex. 1001, 1:19-24.
Claim element [1.C] recites, “wherein said tank is filled with said volume of
said chilling water to a water level above said shaft of said auger and below a top
of said at least one flight of said auger.” FIG. 1 of Innes, a portion of which is
Case No. To Be Assigned Patent No. 6,397,622
24
provided below, shows that the pipe for water overflow 11 is above the shaft 5,
indicating that the water level rises above the shaft of the auger. Ex. 1008, ¶¶ 35
and 39; see also Ex. 1010, 185:16-186:4 and 103:6-23 (Andrew Estes, one of the
named inventors of the ’622 Patent, describing how the overflow pipe 11 of Innes
sets the water level so that the water level
is above the auger shaft, and thereby
admitting the water level is above the
shaft). Additionally, FIG. 1 of Innes
shows that the top of the refrigeration
coils are higher than the shaft of the
auger, further indicating that the water
level is above the shaft of the auger, since the refrigeration coils would otherwise
be chilling air, which would be inefficient and contrary to the goal of chilling
poultry carcasses. Ex. 1008, ¶ 39. Because the top of the flight of Innes’s auger is
above the tank’s open top, the water level cannot be above the top of the flight. Id.
Accordingly, the chilling water in the tank in Innes satisfies claim element [1.C].
Claim element [1.D] recites, “said inner surface of said tank side walls is
positioned parallel to said outer edges of said at least one flight of said auger.”
Innes discloses that the auger is “coaxial” with the axis of the tank, and the outer
edges of the auger “closely approach” the inner surface of the tank. Ex. 1004,
top of flight
top of tank
top of coils
overflow pipe
shaft
Case No. To Be Assigned Patent No. 6,397,622
25
4:67-5:1, 3:44-47. To be coaxial is to have a common axis, or to be concentric,
which, notably, is the very term contained in the definition relied upon by Patent
Owner during the reexamination of the ’622 Patent. See Ex. 1003, pp. 256 and
268. In order to be “parallel” or “everywhere equally distant,” the axis of the tank
and the axis of the auger flights have to be the same, or concentric/coaxial. Thus,
in Innes, the inner surface of the tank side walls is positioned equally distant to the
outer edges of the flight of the auger. See Ex. 1008, ¶¶ 35 and 40.
Claim [1.D] also recites, “said inner surface of said tank side walls conforms
closely to said outer edges of said one or more flights of said auger.” The outer
edges of the auger in Innes “closely approach” the surface of the tank. Ex. 1004,
3:44-47 and 4:67-5:1. Thus, the inner surface of Innes’s tank has a similar shape,
and is near in space relative to, the outer edges of the one or more flights of the
auger. Ex. 1008, ¶¶ 35 and 41. By virtue of the auger being “coaxial” with the
axis of the tank and the auger’s outer edges “closely approaching” the inner surface
of the tank, chilling water in Innes is (i) forced to flow in a helical path along the
tank and (ii) impeded from flowing between the tank side walls and the outer edges
of the auger to the same extent as described in the ’622 Patent. Id.
Claim [1.E] recites, “means for removing the food product from said outlet
end.” Innes discloses a discharge mechanism, which includes an unloader that
removes food product from the outlet end of the tank. Ex. 1008, ¶¶ 35 and 42. In
Case No. To Be Assigned Patent No. 6,397,622
26
particular, a step associated with the auger uplifts carcasses and delivers the
carcasses to a discharge chute, thereby unloading the carcass from the tank. Id.
Innes’s unloader discharges birds from the tank
and is at least an equivalent to the unloader of
the ’622 Patent. Id. Indeed, Andrew Estes, one
of the named inventors of the ’622 Patent,
identified Innes’s discharge mechanism as being
an unloader. Ex. 1010, 171:14-172:4.
Claim element [1.F] recites, “means for
discharging chilling water from said inlet end of
said tank.” In Innes, the overflow pipe 11 at the input end 10 of the tank 3
performs the claimed function of discharging chilling water from the inlet end of
the tank. Ex. 1004, 3:50-51. Ex. 1008, ¶¶ 35 and 43. Also, Crawford discloses a
chilling water line that performs this recited function as well. Ex. 1005, 3:5-10,
5:8-9; Ex. 1008, ¶¶ 35 and 43. FIG. 4 of Crawford, a portion of which is provided
below, also illustrates this chilling water line. Additionally, the background of the
’622 Patent admits that Crawford discloses this claim element. See Ex. 1001, 1:27-
37, 1:43-53. Furthermore, during the reexamination of the ’622 Patent, Patent
Owner stated, “Crawford arguably teaches ‘means for discharging chilling water
from said inlet end of said tank[.]’” See Ex. 1003, pp. 85-86.
unloader
discharge chute
step
Case No. To Be Assigned Patent No. 6,397,622
27
Claim element [1.G] recites,
“refrigerating means external to said
outer surface of said tank for
refrigerating the chilling water
discharged from said inlet end of said
tank.” The cooling system and/or the
heat exchanger in Crawford is a refrigeration system that performs this recited
function while being outside of the tank. Ex. 1005, 3:10-13; Ex. 1008, ¶¶ 35 and
44. FIG. 4 of Crawford, a portion of which is provided above, also illustrates the
disclosed refrigeration system. Additionally, the background of the ’622 Patent
admits that Crawford discloses this claim element. See Ex. 1001, 1:25-37, 1:43-53.
Furthermore, during the reexamination of the ’622 Patent, Patent Owner stated,
“Crawford arguably teaches ... ‘refrigeration means external to said outer surface
of said tank for refrigerating the chilling water discharged from said inlet end of
said tank[.]’” See Ex. 1003, pp. 85-86.
Claim element [1.H] recites, “means for re-circulating chilling water from
said refrigerating means and introducing chilling water into said outlet end of said
tank.” Crawford discloses a chilling water line that performs this recited function.
Ex. 1005, 5:10-13; Ex. 1008, ¶¶ 35 and 45. FIG. 4 of Crawford, a portion of which
is provided above, illustrates this chilling water line. Additionally, the background
chilling water line [1.F]
chilling water line [1.H]
refrigeration system
Case No. To Be Assigned Patent No. 6,397,622
28
of the ’622 Patent admits that Crawford discloses this claim element. See Ex.
1001, 1:25-37, 1:43-53. Furthermore, during the reexamination of the ’622 Patent,
Patent Owner stated, “Crawford arguably teaches ... ‘means for re-circulating
chilling water from said refrigeration means[.]’” See Ex. 1003, pp. 85-86. In
addition, Innes also discloses a chilling water line that introduces prechilled water
into the outlet end of the tank. Ex. 1004, 3:49-50, 4:12-14; Ex. 1008, ¶¶ 35 and 45.
It would have been obvious to a person of ordinary skill in the art to
combine the water refrigeration/recirculation system of Crawford with the chiller
of Innes. See Ex. 1008, ¶ 46. For example, Crawford’s chilling water line at point
30 in FIG. 4 could easily be coupled to the end of Innes’s tank where carcasses are
input. Id. In addition, Crawford’s chilling water line (at point 24 in FIG. 4) could
easily be coupled to the end of Innes’s tank where carcasses are unloaded. Id.
Essentially, the chiller tank 12 in FIG. 4 of Crawford could easily be replaced with
the chiller tank 3 of Innes at Innes’s water inlet 8 and water overflow 11. Id.
Additionally, Innes suggests the use of an external refrigeration system by
discussing the use of pre-chilled water from an external refrigeration system being
provided to the tank. See Ex. 1004, 4:12-15. Furthermore, a person having
ordinary skill in the art would be motivated to use Crawford’s water
refrigeration/recirculation system with Innes’s chiller to, for example, conserve
water being used to chill carcasses through recirculation. Ex. 1008, ¶ 46. Plus,
one of
refriger
chilling
tank 3,
Id. Ind
of a “m
system.
Crawfor
system
Ex. 100
been an
person h
[3] The of claimremovinoutlet en
f ordinary
ation/recir
g versus th
thereby re
deed, the ba
more comm
See Ex
rd and Inn
for its inte
05, 3:5-13.
n obvious
having ord
Claim Lauger type
m 1, wheng the foond compris
y skill in
culation s
e refrigera
esulting in
ackground
mon” water
x. 1001, 1
nes would
ended purp
Therefore
combinatio
dinary skill
Cl2.
Limitatione food prodrein said
od productses an unlo
the art
ystem to
ation coils
n greater ch
d of the ’62
r recirculat
1:28-37, 1
be using
ose, which
e, the com
on that wo
l in the art.
laim 3
ns duct chillemeans fo
t from saidoader.
29
would b
achieve a
7 of Inne
hilling cap
22 Patent e
tion system
:43-53.
Crawford
h is refrige
mbination o
ould have
See Ex. 1
Der or d
Ex. 100mechanthe cadischarg Ex. 1tumblinthe cardischarg 14.”
C
e motivat
a higher ef
s that jack
pabilities f
even cites
m that has
Furthermo
’s water r
erating and
of Innes wi
been well
1008, ¶ 46.
Disclosure04 (Innes)nism 14 at arcasses fges them f
004 (Innng and chircasses arge chute
Case No. TPatent
ted to us
fficiency l
ket the out
for the pou
Crawford
an externa
ore, the co
refrigeratio
d recirculat
ith Crawfo
within the
.
e by the Pr), 3:54-56,t the outpufrom the for further
nes), 4:2illing in thre dischar
To Be AssigNo. 6,397
se Crawfo
level of w
ter shell of
ultry carca
as an exam
al refrigera
ombination
on/recircula
ing water.
ord would h
e abilities
rior Art , “A dischut end rem
chiller processing
25-27, “Ahe cold wrged into
gned 7,622
ord’s
water
f the
sses.
mple
ation
n of
ation
See
have
of a
harge moves
and g.”
After water,
the
A
to remo
Additio
identifie
171:14-
[4] The of claimdischarginlet enchilling
As discusse
ove carca
nally, And
ed Innes’s
-172:4.
Claim Lauger type
m 1, wheging chilli
nd of said tg water line
ed above in
sses from
drew Este
s discharge
Cl3.
Limitatione food prodrein said ing water tank compre.
n Section V
m the tank
es, one of
e mechani
laim 4
ns duct chillemeans fofrom said
rises a firs
30
VI.B.1, In
k. See E
f the nam
ism as be
Der or d st
Ex. 10overflowand is d Ex. 100 Ex. 100liquid thtank 1loadingpositiondiscardfloatingposition Ex. 10details 128 at ppump 3 Ex. 100
C
nnes teache
Ex. 1008,
med invento
eing an un
Disclosure004 (Innew is provi
designated
04 (Innes),
05 (Crawfothen flows 2 and ex
g end of n 28 as wed as wa
g grease n 30 as wat
005 (Crawof the tanposition 3
32 for recyc
05 (Crawfo
Case No. TPatent
es the use
¶¶ 35, 42
ors of the
nloader. S
e by the Prs), 3:50-5ided at the11.”
FIG. 1.
ord), 3:5-10downstrea
xists [sic] the tank
water overaste wate
and parater for recy
wford), 5:nk 12 inc0 for provcle.”
ord), FIG. 4
To Be AssigNo. 6,397
of an unlo
2, and 47
e ’622 Pa
See Ex. 1
rior Art 52: “A we input end
0: “The cham through
adjacent 12 at e
flow whicer along rticles, orycle.”
:8-9: “Furlude an o
viding liqui
4.
gned 7,622
oader
7-48.
atent,
010,
water d 10
hilled h the
the ither
ch is with r at
rther outlet id to
A
a chillin
Ex. 100
[5] The of claimcirculatrefrigerchillingsaid tanwater li
A
water l
introduc
and 51-
introduc
As discusse
ng water li
08, ¶¶ 35, 4
Claim Lauger type
m 1, whereing chillinating mea
g water intnk comprisne.
As discusse
line to rec
ce the chill
-52. In ad
cing prechi
ed above in
ne to disch
43, and 49-
Cl4.
Limitatione food prod
ein said meng water ans and ito said ouses a seco
ed above i
circulate c
ling water
ddition, Inn
illed water
n Section V
harge chill
-50.
laim 5
ns duct chilleeans for refrom said
introducingutlet end ond chilling
in Section
chilling w
into the ou
nes disclos
r into the ta
31
VI.B.1, bot
ing water
Der e-d g
of g
Ex. 10overflowand is d Ex. 100inlet 8introdutank[.]” Ex. 100 Ex. 100the art positionrecycledfor entrtank 12
VI.B.1, C
water from
utlet end o
ses that a w
ank 3. Id.
C
th Innes an
from the in
Disclosure004 (Innew is provi
designated
04 (Innes)8, which ced adjace
”
04 (Innes),
05 (Crawfobut not sh
n 24 for d liquid tory of the
2 at position
Crawford t
the refri
of the tank.
water inle
Case No. TPatent
nd Crawfo
nlet end of
e by the Prs), 3:50-5ided at the11.”
), 4:12-14:may be
ent the out
FIG. 1.
ord), 5:10-hown is a
return oo the tank 1
make-up n 26.”
teaches us
geration s
. See Ex.
et 8 to tank
To Be AssigNo. 6,397
rd teach us
f the tank.
rior Art 51: “A we input end
: “Water fprechilled
tput end of
13: “Knowliquid inl
of the co12, and an water into
e of a chi
system an
1008, ¶ 35
k 3 is used
gned 7,622
se of
See
water d 10
from d, is f the
wn in et at
ooled inlet
o the
lling
d to
5, 45,
d for
[6] The of claimmeans esaid tanwater disaid tasystem.
A
exchang
chilling
[7] The of claimmeans esaid tanwater disaid tan
A
that is u
1008, ¶¶
Claim Lauger type
m 1, whereexternal tonk for refrischarged f
ank compr
As discuss
ger disclos
g water disc
Claim Lauger type
m 1, whereexternal tonk for refrischarged f
nk comprise
As discusse
used to re
¶ 35, 44, an
Cl5.
Limitatione food prodein said re said outerigerating tfrom said irises a re
ed above
sed by Cr
charged fro
Cl6.
Limitatione food prodein said re said outerigerating tfrom said ies a heat ex
ed above in
efrigerate t
nd 55-56.
laim 6
ns duct chilleefrigeratingr surface othe chillinginlet end oefrigeration
in Sectio
rawford is
om the tank
laim 7
ns duct chilleefrigeratingr surface othe chillinginlet end oxchanger.
n Section V
the chilling
32
Der g
of g
of n
Ex. 100water e32 andsystem cooled exchangunit.” Ex. 100
on VI.B.1,
a refriger
k. See Ex.
Der g
of g
of
Ex. 100water e32 andsystem cooled exchangunit.” Ex. 100
VI.B.1, Cr
g water di
C
Disclosure05 (Crawfoexiting at pd is pump
34, whereby givin
ger 36, s
05 (Crawfo
, the cool
ration syst
. 1008, ¶¶
Disclosure05 (Crawfoexiting at pd is pump
34, whereby givin
ger 36, s
05 (Crawfo
rawford di
ischarged
Case No. TPatent
e by the Prord), 3:10-position 3ped throuein the recng off hesuch as a
ord), FIG. 4
ling system
tem that r
35, 44, and
e by the Prord), 3:10-position 3ped throuein the recng off hesuch as a
ord), FIG. 4
scloses a h
from the t
To Be AssigNo. 6,397
rior Art -13: “Recy0 enters p
ugh a coocycled wateat to a a refrigera
4.
m and/or
refrigerates
d 53-54.
rior Art -13, “Recy0 enters p
ugh a coocycled wateat to a a refrigera
4.
heat excha
tank. See
gned 7,622
ycled pump oling ter is heat
ation
heat
s the
ycled pump oling ter is heat
ation
anger
e Ex.
[8.P] chiller, [8.A] aside waoutlet einlet enoutlet eside waoutlet cylinderan outer
[8.B] ana helicablade foouter edand saidwalls fsaid inloutlet emounteand havrotationproductsaid inleend of s
Claim LAn augercomprising
a tank comalls havingend, an inlnd, an outend, wherealls, said wall toger having ar surface;
n auger coal blade, orms at ledges, wherd inner surforms a hlet end ofend of sad for rotat
ving an axin of said at along saet end of sasaid tank;
Cl7.
Limitationr type foog:
mprising log an inlet elet wall cllet wall clein said loinlet wall
ether forman inner s
omprising awherein sast one fli
rein said herface of saihelical patf said tankaid tank, tion withins of rotatioauger movid helical aid tank to
laim 8
ns od produc
ongitudinaend and anlosing saidlosing saidongitudinal and said
m a semisurface and
a shaft andsaid helicaight havingelical bladeid tank sideth betweenk and saidsaid augen said tankon wherebyves a foodpath from
o said outle
33
Dct Ex. 10
flow foscillati
al n d d al d i-d
Ex. 10consistscylindricontainand winterior Ex. 100coils 7 tank 3 providechiller. the inpu Ex. 100
d al g e e n d
er k y d
m et
Ex. 10consistsshaft 5suitableconnectreciproc Ex. 10picks uabout bsteps in Ex. 100averagecause thtank frdischargcarcasse
C
Disclosure04 (Innes)food chiling screw-
004 (Inness of a tankical form
n the desireater and
r a worm 4
04 (Innes),are mount... , and a
ed at 8 at A water
ut end 10[.
04 (Innes), 004 (Inness of ... a
5. The she seal in thted to cating driv
04 (Innesup the carcby the action the worm
04 (Innes)e motion ohe carcassrom the ege end, tes is towar
Case No. TPatent
e by the Pr), abstractler provi-feed.” s), 3:38-42k 3 of subs
of a sizeed quantitwhich in
[.]”
, 3:47-52: ted on the a suitable wt the outpoverflow
.]”
FIG. 1. s), 3:38-44
worm 4 mhaft 5 pashe end of t
and drve 6.”
), 4:10-12casses and on of the p
m.”
), 4:21-25:of the wormses to procevisceratiothe net mrds the disc
To Be AssigNo. 6,397
rior Art t: “A counded with
2: “the chstantially se sufficienty of carcancludes in
“Refrigeraexterior o
water inletput end of
is provide
4: “the chmounted o
sses througthe tank anriven by
2: “The wtumbles t
paddles and
: “becausem is such aceed down
on line to motion of charge.”
gned 7,622
nter-h an
hiller emi-
nt to asses n its
ation f the t [is] f the ed at
hiller on a gh a nd is
y a
worm them d the
e the as to n the the
f the
Case No. To Be Assigned Patent No. 6,397,622
34
Ex. 1004 (Innes), 4:30-36: “By selecting a suitable rate of rotation, the carcasses can be agitated in the tank ... and, at the same time, the ratio of forward motion to backward motion can be adjusted to ensure that the dwell time in the tank is optimized to produce sufficient chilling of the carcass[.]” Ex. 1004 (Innes), 3:14-19: “Revolutions are indexed so that reverse revolutions are less than the forward revolutions and a net forward action occurs at a rate appropriate to retaining the carcasses in the chill system long enough to extract the body heat necessary to reduce the internal meat temperature[.]”
[8.C] a volume of chilling water, wherein said tank is filled with said volume of said chilling water to a water level above said shaft of said auger and below a top of said at least one flight of said auger,
Ex. 1004 (Innes), 3:49-52: “a suitable water inlet [is] provided at 8 at the output end 9 of the chiller. A water overflow is provided at the input end 10 and is designated 11.” Ex. 1004 (Innes), 2:32-38: “To chill poultry most efficiently, it would be preferable to use water as a chilling medium, ... with a surplus of water being added to the tank at the end of the tank where the chilled poultry is exited and the overflow of water occurring at the end where the unchilled poultry is received into the tank.” Ex. 1004 (Innes), 4:12-15: “Water from inlet 8, which may be prechilled, is introduced adjacent the output end of the tank tending to chill the carcasses at that end and is further cooled by the
Case No. To Be Assigned Patent No. 6,397,622
35
refrigeration coils 7[.]” Ex. 1004 (Innes), FIG. 1.
[8.D] wherein an entirety of said inner surface of said tank side walls is positioned parallel to said outer edges of said at least one flight of said auger and wherein said entirety of said inner surface of said tank side walls conforms closely to said outer edges of said one or more flights of said auger, thereby forcing said chilling water to flow along said helical path when said auger rotates and impeding a flow of said chilling water between said tank side walls and said outer edges of said at least one flight of said auger when said auger rotates;
Ex. 1004 (Innes), 3:44-47: “The worm 4 is dimensioned so as to closely approach the surface of tank 3 which may be semicylindrical and extend 270° or more around the worm.” Ex. 1004 (Innes), 4:67-5:1: “a screw-feed mechanism mounted within said tank with its axis coaxial with axis of said tank and its outer edges closely approaching the inner surface of said tank.”
[8.E] an unloader for removing the food product from said outlet end;
Ex. 1004 (Innes), 3:54-56: “A discharge mechanism 14 at the output end removes the carcasses from the chiller and discharges them for further processing.” Ex. 1004 (Innes), 4:25-27: “After tumbling and chilling in the cold water, the carcasses are discharged into the discharge chute 14.”
[8.F] a first chilling water line for discharging chilling water from said inlet end of said tank;
Ex. 1004 (Innes), 3:50-51: “A water overflow is provided at the input end 10 and is designated 11.” Ex. 1004 (Innes), FIG. 1. Ex. 1005 (Crawford), 3:5-10: “The chilled liquid then flows downstream through the tank 12 and exists [sic] adjacent the loading end of the tank 12 at either position 28 as water overflow which is discarded as waste water along with
Case No. To Be Assigned Patent No. 6,397,622
36
floating grease and particles, or at position 30 as water for recycle.” Ex. 1005 (Crawford), 5:8-9: “Further details of the tank 12 include an outlet 128 at position 30 for providing liquid to pump 32 for recycle.” Ex. 1005 (Crawford), FIG. 4.
[8.G] a refrigeration system external to said outer surface of said tank for refrigerating the chilling water discharged from said inlet end of said tank; and
Ex. 1005 (Crawford), 3:10-13: “Recycled water exiting at position 30 enters pump 32 and is pumped through a cooling system 34, wherein the recycled water is cooled by giving off heat to a heat exchanger 36, such as a refrigeration unit.”
[8.H] a second chilling water line for re-circulating chilling water from said refrigerating means and introducing chilling water into said outlet of said tank.
Ex. 1004 (Innes), 3:49-50: “[A] suitable water inlet provided at 8 at the output 9 of the chiller.” Ex. 1004 (Innes), 4:12-14: “Water from inlet 8, which may be prechilled, is introduced adjacent the output end[.]” Ex. 1004 (Innes), FIG. 1. Ex. 1005 (Crawford), 5:10-13: “Known in the art but not shown is a liquid inlet at position 24 for return of the cooled recycled liquid to the tank 12, and an inlet for entry of the make-up water into the tank 12 at position 26.
Claim element [8.A] recites, “a tank comprising longitudinal side walls
having an inlet end and an outlet and, an inlet wall closing said inlet end, [and] an
outlet wall closing said outlet end.” As discussed above in Section VI.B.1, FIG. 1
Case No. To Be Assigned Patent No. 6,397,622
37
of Innes illustrates that Innes’s tank has longitudinal side walls, an inlet wall, and
an outlet wall. Claim element [8.A] also recites, “wherein said longitudinal side
walls, said inlet wall and said outlet wall together form a semi-cylinder.” The
background of the ’622 Patent also admits that Innes discloses an auger chiller
having a “semi-cylindrical tank.” Ex. 1001, 2:48-51, 1:19-24. See also, Ex. 1008,
¶¶ 57-58. Plus, Andrew Estes, one of the named inventors of the ’622 Patent, has
admitted that Innes’s tank is a “semi-cylindrical tank.” Ex. 1010, 146:13-147:16;
see also, Ex. 1011, p. 2 (Andrew Estes’s annotations of FIG. 1 of Innes).
Claim element [8.B] recites, “wherein said helical blade and said inner
surface of said tank side walls forms a helical path between said inlet end of said
tank and said outlet end of said tank.” Innes discloses an auger that “closely
approach[es]” the surface of the tank. Ex. 1004, 3:44-46; Ex. 1008, ¶¶ 57, 59, and
37. As such, the auger and the interior walls of the tank in Innes form a helical
path between the inlet end and the outlet end of the tank. Ex. 1008, ¶¶ 37 and 59.
Claim element [8.B] recites, “whereby rotation of said auger moves a food
product along said helical path from said inlet end of said tank to said outlet end of
said tank.” The auger in Innes rotates such that the net movement of the carcasses
is from the inlet end to the outlet end of the tank. Ex. 1008, ¶¶ 38, 57, and 60. The
’622 Patent also admits that Innes’s chiller uses an auger to move carcasses from
the input end to the output end of the tank. Ex. 1001, 1:19-24.
Case No. To Be Assigned Patent No. 6,397,622
38
Claim element [8.C] recites, “wherein said tank is filled with said volume of
said chilling water to a water level above said shaft of said auger and below a top
of said at least one flight of said auger.” As discussed above in Section VI.B.1,
FIG. 1 of Innes shows that the water overflow 11 is above the shaft 5, indicating
that the water level must be above the shaft of the auger. Ex. 1008, ¶¶ 39, 57, and
61; see also Ex. 1010, 185:16-186:4 (Andrew Estes, one of the named inventors of
the ’622 Patent, describing how the overflow pipe in Innes sets the water level
above the shaft of the auger). Additionally, FIG. 1 of Innes shows that the top of
the refrigeration coils are higher than the shaft of the auger, further indicating that
the water level is above the shaft of the auger, since the refrigeration coils would
otherwise be chilling air, which is inefficient and contrary to the goal of chilling
poultry carcasses. Ex. 1008, ¶¶ 39 and 61. As the top of the flight of Innes’s auger
is above the tank’s open top, the water level cannot be above the top of the flight.
Id. Thus, the chilling water in the tank in Innes satisfies claim element [8.C].
Claim element [8.D] recites, “said inner surface of said tank side walls is
positioned parallel to said outer edges of said at least one flight of said auger.” The
auger in Innes is “coaxial” with the axis of the tank, and the outer edges of the
auger “closely approach” the inner surface of the tank. Ex. 1004, 4:67-5:1, 3:44-
47. To be coaxial is to have a common axis, or to be concentric, which is also a
word contained in the very definition relied upon by Patent Owner during the
Case No. To Be Assigned Patent No. 6,397,622
39
reexamination of the ’622 Patent. See Ex. 1003, pp. 256 and 268. In order to be
“parallel” or “everywhere equally distant,” the axis of the tank and the axis of the
auger flights have to be the same, or concentric/coaxial. Thus, the inner surface of
the tank side walls is positioned equally distant to the outer edges of the flight of
the auger in Innes. Ex. 1008, ¶¶ 40, 57, and 62.
Claim element [8.D] also recites “wherein said entirety of said inner surface
of said tank side walls conforms closely to said outer edges of said one or more
flights of said auger.” The outer edges of the auger in Innes “closely approach” the
surface of the tank. Ex. 1004, 3:44-47 and 4:67-5:1. Thus, the inner surface of
Innes’s tank has a similar shape, and is near in space relative to, the outer edges of
the one or more flights of the auger. Ex. 1008, ¶¶ 41, 57, and 63. By virtue of the
auger being “coaxial” with the axis of the tank and the auger’s outer edges “closely
approaching” the inner surface of the tank, chilling water is (i) forced to flow in a
helical path along the tank and (ii) impeded from flowing between the tank side
walls and the outer edges of the auger. Id.
Claim element [8.E] recites, “an unloader for removing the food product
from said outlet end.” As discussed above in Section VI.B.1, the discharge
mechanism in Innes includes an unloader that removes carcasses from the outlet
end of the tank. Ex. 1008, ¶¶ 42,57, and 64. Additionally, Andrew Estes, one of
Case No. To Be Assigned Patent No. 6,397,622
40
the named inventors of the ’622 Patent, has admitted that the discharge mechanism
in Innes is an unloader. See Ex. 1010, 171:14-172:4.
Claim element [8.F] recites, “a first chilling water line for discharging
chilling water from said inlet end of said tank.” As discussed in Section VI.B.1,
FIG. 4 of Crawford shows a chilling water line that discharges chilling water from
the inlet end of the tank, and Innes teaches using a chilling water line to discharge
chilling water from the inlet end of the tank. See Ex. 1008, ¶¶ 43, 57, and 65.
Claim element [8.G] recites, “a refrigeration system external to said outer
surface of said tank for refrigerating the chilling water discharged from said inlet
end of said tank.” As discussed above in Section VI.B.1, Crawford discloses a
refrigeration system that comprises a cooling system and a heat exchanger. Ex.
1008, ¶¶ 44, 57, and 66. FIG. 4 of Crawford also illustrates the refrigeration
system. Additionally, the background of the ’622 Patent admits that Crawford
discloses a refrigeration system that is external to the outer surface of a tank. See
Ex. 1001, 1:27-37, 1:43-53.
Claim element [8.H] recites, “a second chilling water line for re-circulating
chilling water from said refrigerating means and introducing chilling water into
said outlet of said tank.” The “said refrigerating means” recited in claim element
[8.H] appears to refer to “[the] refrigeration system” recited in claim element
[8.G]. As discussed above in Section VI.B.1, FIG. 4 of Crawford illustrates a
Case No. To Be Assigned Patent No. 6,397,622
41
chilling water line that re-circulates chilling water from the refrigeration system
and introduces the chilling water into the outlet end of the tank. Ex. 1008, ¶¶ 45,
57, and 67. Additionally, the background Section of the ’622 Patent admits that
Crawford discloses this claim element. Ex. 1001, 1:27-37, 1:43-53. Furthermore,
Innes discloses a chilling water line that introduces prechilled water into the outlet
end of the tank. Ex. 1004, 3:49-50, 4:12-14.
It would have been obvious to a person of ordinary skill in the art to
combine the water refrigeration and recirculation of Crawford with the chiller of
Innes for the same reasons that are discussed above in Section VI.B.1. Ex. 1008,
¶¶ 46 and 68.
C. Ground II: Claim 2 Is Obvious over Innes, Crawford, and Morris ’101
The following claim chart and discussion below demonstrate that claim 2 is
obvious over Innes, Crawford, and Morris ’101.
Claim Limitations Disclosure by the Prior Art [2] The auger type food product chiller of claim 1, further comprising means for sloping said tank from said outlet end downwardly toward said inlet end.
Ex. 1007 (Morris ’101), 3:57-65, “The drum 15 is disposed on a slight grade rising from the feed end 17 to the discharge end 18, for example in a tank 15 having an axial length of about 16 feet and a diameter of about seven feet, the discharge end 18 is about 3 to 4 inches above the level of the feed end 17.” Ex. 1007 (Morris ’101), FIG. 1.
T
outlet e
been ob
a base s
Id. It w
tanks fo
within t
T
and 3-8
[1.P] chiller,
[1.A] aside waoutlet einlet enoutlet eside waand anlongitudand saisemi-cyand an o
The tank in
end downw
bvious to a
so that the
was well kn
or cleaning
the abilities
D.
The followi
are obviou
Claim LAn augercomprising
a tank comalls havingend, an inlnd, an outend, wherealls compr
n outer sudinal side d outlet w
ylinder havouter surfa
n Morris ’1
wardly tow
person of
tank slope
nown to slo
g. Id. In
s of a perso
Ground Morris ’
ing claim
us over Inn
Cl1.
Limitationr type foog:
mprising log an inlet elet wall cllet wall clein said lorise an innurface, whwalls, said
wall togethving an innace;
01 is posit
ward the inl
f ordinary s
es from the
ope chiller
addition,
on of ordin
III: Claim’000
charts and
nes and Mo
laim 1
ns od produc
ongitudinaend and anlosing saidlosing saidongitudinaner surfaceherein saidd inlet walher form aner surface
42
tioned on a
let end. E
skill in the
e outlet end
r tanks to,
such a mo
nary skill in
ms 1 and
d discussion
orris ’000.
Dct Ex. 10
flow foscillati
al n d d al e d ll a e
Ex. 10consistscylindricontainand winterior Ex. 100coils 7 tank 3 providechiller.
C
a base that
Ex. 1008, ¶
art to posi
d downwar
for examp
odification
n the art. I
3-8 Are O
n below d
Disclosure04 (Innes)food chiling screw-
004 (Inness of a tankical form
n the desireater and
r a worm 4
04 (Innes),are mount... , and a
ed at 8 at A water
Case No. TPatent
t slopes the
¶¶ 69-70.
ition the ta
rdly toward
ple, facilita
of Innes
Id.
Obvious ov
demonstrate
e by the Pr), abstractler provi-feed[.]” s), 3:38-42k 3 of subs
of a sizeed quantitwhich in
[.]”
, 3:47-52: ted on the a suitable wt the outpoverflow
To Be AssigNo. 6,397
e tank from
It would h
ank of Inne
d the inlet
ate draining
would be
ver Innes
e that claim
rior Art t: “A counded with
2: “the chstantially se sufficienty of carcancludes in
“Refrigeraexterior o
water inletput end of
is provide
gned 7,622
m the
have
es on
end.
g the
well
and
ms 1
nter-h an
hiller emi-
nt to asses n its
ation f the t [is] f the ed at
Case No. To Be Assigned Patent No. 6,397,622
43
the input end 10[.]” Ex. 1004 (Innes), FIG. 1.
[1.B] an auger comprising a shaft and a helical blade, wherein said helical blade forms at least one flight having outer edges, wherein said helical blade and said inner surface of said tank side walls forms a helical path between said inlet end of said tank and said outlet end of said tank, said auger mounted for rotation within said tank and having an axis of rotation whereby rotation of said auger moves a food product along said helical path from said inlet end of said tank to said outlet end of said tank;
Ex. 1004 (Innes), 3:38-44: “the chiller consists of ... a worm 4 mounted on a shaft 5. The shaft 5 passes through a suitable seal in the end of the tank and is connected to and driven by a reciprocating drive 6.” Ex. 1004 (Innes), 4:10-12: “The worm picks up the carcasses and tumbles them about by the action of the paddles and the steps in the worm.” Ex. 1004 (Innes), 4:21-25: “because the average motion of the worm is such as to cause the carcasses to proceed down the tank from the evisceration line to the discharge end, the net motion of the carcasses is towards the discharge.” Ex. 1004 (Innes), 4:30-36: “By selecting a suitable rate of rotation, the carcasses can be agitated in the tank ... and, at the same time, the ratio of forward motion to backward motion can be adjusted to ensure that the dwell time in the tank is optimized to produce sufficient chilling of the carcass[.]” Ex. 1004 (Innes), 3:14-19: “Revolutions are indexed so that reverse revolutions are less than the forward revolutions and a net forward action occurs at a rate appropriate to retaining the carcasses in the chill system long enough to extract the body heat necessary to reduce the internal meat temperature[.]”
Case No. To Be Assigned Patent No. 6,397,622
44
[1.C] a volume of chilling water, wherein said tank is filled with said volume of said chilling water to a water level above said shaft of said auger and below a top of said at least one flight of said auger,
Ex. 1004 (Innes), 3:49-52: “a suitable water inlet [is] provided at 8 at the output end 9 of the chiller. A water overflow is provided at the input end 10 and is designated 11.” Ex. 1004 (Innes), 2:32-38: “To chill poultry most efficiently, it would be preferable to use water as a chilling medium, ... with a surplus of water being added to the tank at the end of the tank where the chilled poultry is exited and the overflow of water occurring at the end where the unchilled poultry is received into the tank.” Ex. 1004 (Innes), 4:12-15: “Water from inlet 8, which may be prechilled, is introduced adjacent the output end of the tank tending to chill the carcasses at that end and is further cooled by the refrigeration coils 7[.]” Ex. 1004 (Innes), FIG. 1.
[1.D] wherein an entirety of said inner surface of said tank side walls is positioned parallel to said outer edges of said at least one flight of said auger and wherein said entirety of said inner surface of said tank side walls conforms closely to said outer edges of said one or more flights of said auger, thereby forcing said chilling water to flow along said helical path when said auger rotates and impeding a flow of said chilling water between said tank side walls and said outer edges of said at least one flight of said auger when said auger rotates;
Ex. 1004 (Innes), 3:44-47: “The worm 4 is dimensioned so as to closely approach the surface of tank 3 which may be semicylindrical and extend 270° or more around the worm.” Ex. 1004 (Innes), 4:67-5:1: “a screw-feed mechanism mounted within said tank with its axis coaxial with axis of said tank and its outer edges closely approaching the inner surface of said tank.”
Case No. To Be Assigned Patent No. 6,397,622
45
[1.E] means from removing the food product from said outlet end;
Ex. 1006 (Morris ’000), 1:41-42: “the product exits the chiller at end 120.” Ex. 1006 (Morris ’000), FIG. 2. Ex. 1004 (Innes), 3:54-56: “A discharge mechanism 14 at the output end removes the carcasses from the chiller and discharges them for further processing.” Ex. 1004 (Innes), 4:25-27: “After tumbling and chilling in the cold water, the carcasses are discharged into the discharge chute 14.” Ex. 1004 (Innes), FIG. 1.
[1.F] means for discharging chilling water from said inlet end of said tank;
Ex. 1006 (Morris ’000), 1:29-32: “During the chilling process, chilled water ... exits at point 140, the water flowing in a direction opposite to that of the poultry product.” Ex. 1006 (Morris ’000), FIG. 2. Ex. 1004 (Innes), 3:50-51: “A water overflow is provided at the input end 10 and is designated 11.” Ex. 1004 (Innes), FIG. 1.
[1.G] refrigerating means external to said outer surface of said tank for refrigerating the chilling water discharged from said inlet end of said tank; and
Ex. 1006 (Morris ’000), 1:32-35: “The water being warmed by contact with the initially-warmer poultry product, is recirculated and re-chilled by a refrigeration unit 150 before being returned to the auger housing. Ex. 1006 (Morris ’000), FIG. 2.
[1.H] means for re-circulating chilling water from said refrigerating means
Ex. 1006 (Morris ’000), 1:29-32: “During the chilling process, chilled water enters
Case No. To Be Assigned Patent No. 6,397,622
46
and introducing chilling water into said outlet end of said tank.
the housing at entry points 130 ... , the water flowing in a direction opposite to that of the poultry product.” Ex. 1006 (Morris ’000), FIG. 2. Ex. 1004 (Innes), 3:49-50: “[A] suitable water inlet provided at 8 at the output 9 of the chiller.” Ex. 1004 (Innes), 4:12-14: “Water from inlet 8, which may be prechilled, is introduced adjacent the output end[.]” Ex. 1004 (Innes), FIG. 1.
As discussed above in Section VI.B.1, Innes discloses claim elements [1.P]
and [1.A]-[1.F] and [1.H]. See Ex. 1008, ¶ 72-75, and 77.
Claim element [1.E] recites, “means for removing the food product from
said outlet end.” Although a different unloader is disclosed in Innes, in Morris
’000, carcasses are also removed from the outlet end of the tank using an unloader.
Ex. 1008, ¶¶ 72 and 74. FIG. 2 of Morris ’000, a portion of which is provided
below, illustrates the unloader that is at the outlet end of the tank. Additionally,
Andrew Estes, one of the named inventors
of the ’622 Patent, confirmed that Morris
’000 discloses an unloader. Ex. 1010,
174:12-175:2; see also, Ex. 1013 (Andrew
unloader
Case No. To Be Assigned Patent No. 6,397,622
47
Estes’ annotations of FIG. 2 of Morris ’000).
Notably, the unloader in Morris ’000 (shown
above) is the same type of unloader
illustrated in FIG. 4 of Application No.
09/298,364 (shown right), which is
incorporated by reference in the ’622 Patent at col. 2, lines 9-11. Ex. 1008, ¶ 74.
Claim element [1.F] recites, “means for discharging chilling water from said
inlet end of said tank.” As discussed above, Innes discloses element [1.F] via the
water overflow 11. Ex. 1008, ¶ 75. Additionally, FIG. 2 of Morris ’000, which is
provided below, illustrates a chilling water line that discharges chilling water from
the inlet end of the tank. Id. See also, Ex. 1013 (Andrew Estes’s annotations of
FIG. 2 of Morris ’000 identifying chilling water lines).
Claim element [1.G] recites, “refrigerating means external to said outer
surface of said tank for refrigerating the chilling water discharged from said inlet
end of said tank.” The refrigeration unit 150 in Morris ’000 is a refrigeration
system that refrigerates chilling water that is discharged from the inlet end of the
tank. Ex. 1008, ¶¶ 72 and 76. FIG. 2 of Morris ’000, which is provided below,
illustrates the refrigeration system.
Claim element [1.H] recites, “means for re-circulating chilling water from
said refrigerating means and introducing chilling water into said outlet end of said
unloader
Case No. To Be Assigned Patent No. 6,397,622
48
tank.” FIG. 2 of Morris ’000, which is provided below, illustrates a chilling water
line that recirculates chilling water from the refrigeration unit 150 and introduces
chilling water into the outlet end of the tank. Ex. 1008, ¶¶ 72 and 77. See also, Ex.
1013 (Andrew Estes’s annotations identifying chilling water lines in FIG. 2 of
Morris ’000). Additionally, Innes discloses the water inlet 8, which introduces
prechilled water to the tank 3. Ex. 1004, 4:12-14; Ex. 1008, ¶ 77.
It would have been obvious to a person of ordinary skill in the art to
combine the water refrigeration/recirculation system of Morris ’000 with the
chiller of Innes. See Ex. 1008, ¶ 78. For example, the chilling water line at point
140 of FIG. 2 in Morris ’000 could easily be coupled to the water overflow 11 of
Innes near where carcasses are input. Id. In addition, the chilling water line near
the end 120 in FIG. 2 of Morris ’000 could easily be coupled to the water inlet 8 of
Innes near where carcasses are unloaded. Id. Essentially, the chiller tank in FIG. 2
of Morris ’000 could easily be replaced with the chiller tank 3 of Innes at Innes’s
water inlet 8 and water overflow 11.
chilling water line [1.F.] refrigeration
system
chilling water line [1.H.]
Case No. To Be Assigned Patent No. 6,397,622
49
Additionally, Innes suggests the use of an external refrigeration system. See
Ex. 1004, 4:12-15 (discussing the use of pre-chilled water being provided to the
tank). Furthermore, a person having ordinary skill in the art would be motivated to
use the water refrigeration/recirculation system of Morris ’000 with Innes’s chiller
to, for example, conserve water being used to chill carcasses through recirculation.
Ex. 1008, ¶ 78. Plus, one of ordinary skill in the art would be motivated to use the
water refrigeration/recirculation system of Morris ’000 to achieve a higher
efficiency level of water chilling versus the refrigeration coils 7 of Innes that jacket
the outer shell of the tank 3, thereby resulting in greater chilling capabilities for the
poultry carcasses. Id. Indeed, the background of the ’622 Patent even cites Morris
’000 as an example of a “more common” water recirculation system that has an
external refrigeration system. See Ex. 1001, 1:28-37, 1:43-53. Furthermore, the
combination of Morris ’000 and Innes would be using the water
refrigeration/recirculation system of Morris ’000 for its intended purpose, which is
refrigerating and recirculating water. See Ex. 1006, 1:32-34.
Additionally, it would have been obvious to a person of ordinary skill in the
art to combine the unloader of Morris ’000 with the chiller of Innes. See Ex. 1008,
¶ 79. Such a combination would be a simple substitution of one type of unloader
for an equivalent type of unloader and would not require undue experimentation.
Id. Therefore, the combination of Innes with Morris ’000 would have been an
obvious
having o
[3] The of claimremovinoutlet en
A
an unlo
Additio
identifie
also Ex
FIG. 1 o
[4] The
s combinat
ordinary sk
Claim Lauger type
m 1, wheng the foond compris
As discusse
oader to rem
nally, And
ed the unlo
x. 1013 (A
of Innes (s
Claim Lauger type
tion that w
kill in the a
Cl2.
Limitatione food prodrein said
od productses an unlo
ed above in
move carc
drew Este
oader in FI
Andrew Es
ee Ex. 101
Cl3.
Limitatione food prod
would have
art. Id.
laim 3
ns duct chillemeans fo
t from saidoader.
n Section
casses from
es, one of
IG. 2 of M
stes’s anno
0, 171:14-
laim 4
ns duct chille
50
e been we
Der or d
Ex. 10product Ex. 100 Ex. 100mechanthe cadischarg Ex. 1tumblinthe cardischarg 14.”
VI.D.1, bo
m the tank
f the nam
Morris ’000
otations of
-172:4).
Der Ex. 100
C
ell within
Disclosure006 (Morrt exits the c
06 (Morris
04 (Innes)nism 14 at arcasses fges them f
004 (Innng and chircasses arge chute
oth Morris
k. See Ex.
med invento
0 (see Ex.
f FIG. 2 o
Disclosure06 (Morris
Case No. TPatent
the abilitie
e by the Prris ’000), chiller at e
’000), FIG
), 3:54-56:t the outpufrom the for further
nes), 4:2illing in thre dischar
s ’000 and
1008, ¶¶
ors of the
1010, 174
of Morris
e by the Prs ’000), 1:2
To Be AssigNo. 6,397
es of a pe
rior Art 1:41-42:
end 120.”
G. 2.
“A dischut end rem
chiller processing
25-27: “Ahe cold wrged into
Innes disc
74 and 80
e ’622 Pa
4:12-175:2;
’000)) an
rior Art 29-32: “Du
gned 7,622
erson
“the
harge moves
and g.”
After water,
the
close
0-81.
atent,
; see
nd in
uring
of claimdischarginlet enchilling
A
chilling
Ex. 100
[5] The of claimcirculatrefrigerchillingsaid tanwater li
m 1, wheging chilli
nd of said tg water line
As discusse
g water line
08, ¶¶ 75 an
Claim Lauger type
m 1, whereing chillinating mea
g water intnk comprisne.
rein said ing water tank compre.
ed above in
e to discha
nd 82-83.
Cl4.
Limitatione food prod
ein said meng water ans and ito said ouses a seco
means fofrom said
rises a firs
n Section V
arge chillin
laim 5
ns duct chilleeans for refrom said
introducingutlet end ond chilling
51
or d st
the chilat poindirectioproduct Ex. 100 Ex. 10overflowand is d Ex. 100
VI.D.1, bot
ng water fr
Der e-d g
of g
Ex. 100the chilthe houwater fthat of t Ex. 100 Ex. 100water in9 of the Ex. 100inlet 8introdu Ex. 100
C
lling procent 140, thon oppositt.”
06 (Morris
004 (Innew is provi
designated
04 (Innes),
th Morris ’
from the in
Disclosure06 (Morrislling proceusing at enflowing inthe poultry
06 (Morris
04 (Innes)nlet provide chiller.”
04 (Innes)8, which ced adjace
04 (Innes),
Case No. TPatent
ess, chilledhe water te to that
’000), FIG
s), 3:50-5ided at the11.”
FIG. 1.
’000 and In
nlet end of
e by the Prs ’000), 1:2ess, chilledntry point
n a directioy product.”
’000), FIG
), 3:49-50:ded at 8 at
, 4: 12-14may be
ent the outp
FIG. 1.
To Be AssigNo. 6,397
d water ... eflowing iof the pou
G. 2.
51: “A we input end
nnes disclo
f the tank.
rior Art 29-32: “Dud water ens 130 ... ,on opposit”
G. 2.
: “[A] suitthe output
4: “Water fprechilled
put end[.]”
gned 7,622
exits in a ultry
water d 10
ose a
See
uring nters , the te to
table t end
from d, is ”
A
line to r
water in
that intr
[6] The of claimmeans esaid tanwater disaid tasystem.
A
Morris
[7] The of claimmeans esaid tanwater disaid tan
As discusse
recirculate
nto the out
roduces pre
Claim Lauger type
m 1, whereexternal tonk for refrischarged f
ank compr
As discusse
’000 is a re
Claim Lauger type
m 1, whereexternal tonk for refrischarged f
nk comprise
ed above in
e chilling w
tlet end of
echilled wa
Cl5.
Limitatione food prodein said re said outerigerating tfrom said irises a re
ed above
efrigeration
Cl6.
Limitatione food prodein said re said outerigerating tfrom said ies a heat ex
n Section V
water from
the tank.
ater to the
laim 6
ns duct chilleefrigeratingr surface othe chillinginlet end oefrigeration
in Section
n system.
laim 7
ns duct chilleefrigeratingr surface othe chillinginlet end oxchanger.
52
VI.D.1, Mo
m the refrig
Additiona
tank 3. Se
Der g
of g
of n
Ex. 10water binitiallyrecirculrefrigerreturned Ex. 100
n VI.D.1,
See Ex. 10
Der g
of g
of
Ex. 10water binitiallyrecirculrefrigerreturned Ex. 100
C
orris ’000 d
geration un
ally, Innes
ee Ex. 1008
Disclosure06 (Morri
being warmy-warmer lated anration und to the au
06 (Morris
the refrige
008, ¶¶ 76
Disclosure06 (Morri
being warmy-warmer lated anration und to the au
06 (Morris
Case No. TPatent
discloses a
nit and intr
discloses
8, ¶¶ 77 an
e by the Pris ’000), med by co
poultry nd re-chinit 150 uger housin
’000), FIG
eration un
and 86-87
e by the Pris ’000), med by co
poultry nd re-chinit 150 uger housin
’000), FIG
To Be AssigNo. 6,397
a chilling w
roduce chi
a water in
nd 84-85.
rior Art 1:32-35: “
ontact withproduct,
illed bybefore b
ng.
G. 2.
it disclose
7.
rior Art 1:32-35: “
ontact withproduct,
illed bybefore b
ng.
G. 2.
gned 7,622
water
lling
nlet 8
“The h the
is y a being
ed in
“The h the
is y a being
T
which i
Morris
was wel
[8.P] chiller, [8.A] aside waoutlet einlet enoutlet eside waoutlet
heat
The refrige
s illustrate
’000 show
ll known f
Claim LAn augercomprising
a tank comalls havingend, an inlnd, an outend, wherealls, said wall toge
exchange
eration unit
ed in FIG.
ws the U-tur
for refrigera
Cl7.
Limitationr type foog:
mprising log an inlet elet wall cllet wall clein said loinlet wall
ether form
er
t disclosed
2 below.
rns of pipi
ation syste
laim 8
ns od produc
ongitudinaend and anlosing saidlosing saidongitudinal and said
m a semi
53
d in Morri
Ex. 1008,
ing for the
ems to inclu
Dct Ex. 10
flow foscillati
al n d d al d i-
Ex. 10consistscylindricontainand winterior
C
is ’000 inc
¶¶ 88-89.
heat excha
ude heat ex
Disclosure04 (Innes)food chiling screw-
004 (Inness of a tankical form
n the desireater and
r a worm 4
Case No. TPatent
cludes a h
In particu
anger. Id.
xchangers
e by the Pr), abstractler provi-feed[.]” s), 3:38-42k 3 of subs
of a sizeed quantitwhich in
[.]”
To Be AssigNo. 6,397
heat exchan
ular, FIG.
In additio
. Id.
rior Art t: “A counded with
2: “the chstantially se sufficienty of carcancludes in
gned 7,622
nger,
2 of
on, it
nter-h an
hiller emi-
nt to asses n its
Case No. To Be Assigned Patent No. 6,397,622
54
cylinder having an inner surface and an outer surface;
Ex. 1004 (Innes), 3:47-52: “Refrigeration coils 7 are mounted on the exterior of the tank 3 ... , and a suitable water inlet [is] provided at 8 at the output end of the chiller. A water overflow is provided at the input end 10[.]” Ex. 1004 (Innes), FIG. 1.
[8.B] an auger comprising a shaft and a helical blade, wherein said helical blade forms at least one flight having outer edges, wherein said helical blade and said inner surface of said tank side walls forms a helical path between said inlet end of said tank and said outlet end of said tank, said auger mounted for rotation within said tank and having an axis of rotation whereby rotation of said auger moves a food product along said helical path from said inlet end of said tank to said outlet end of said tank;
Ex. 1004 (Innes), 3:38-44: “the chiller consists of ... a worm 4 mounted on a shaft 5. The shaft 5 passes through a suitable seal in the end of the tank and is connected to and driven by a reciprocating drive 6.” Ex. 1004 (Innes), 4:10-12: “The worm picks up the carcasses and tumbles them about by the action of the paddles and the steps in the worm.” Ex. 1004 (Innes), 4:21-25: “because the average motion of the worm is such as to cause the carcasses to proceed down the tank from the evisceration line to the discharge end, the net motion of the carcasses is towards the discharge.” Ex. 1004 (Innes), 4:30-36: “By selecting a suitable rate of rotation, the carcasses can be agitated in the tank ... and, at the same time, the ratio of forward motion to backward motion can be adjusted to ensure that the dwell time in the tank is optimized to produce sufficient chilling of the carcass[.]” Ex. 1004 (Innes), 3:14-19: “Revolutions are indexed so that reverse revolutions are less than the forward revolutions and a net
Case No. To Be Assigned Patent No. 6,397,622
55
forward action occurs at a rate appropriate to retaining the carcasses in the chill system long enough to extract the body heat necessary to reduce the internal meat temperature[.]”
[8.C] a volume of chilling water, wherein said tank is filled with said volume of said chilling water to a water level above said shaft of said auger and below a top of said at least one flight of said auger,
Ex. 1004 (Innes), 3:49-52: “a suitable water inlet [is] provided at 8 at the output end 9 of the chiller. A water overflow is provided at the input end 10 and is designated 11.” Ex. 1004 (Innes), 2:35-38: “To chill poultry most efficiently, it would be preferable to use water as a chilling medium, ... with a surplus of water being added to the tank at the end of the tank where the chilled poultry is exited and the overflow of water occurring at the end where the unchilled poultry is received into the tank.” Ex. 1004 (Innes), 4:12-15: “Water from inlet 8, which may be prechilled, is introduced adjacent the output end of the tank tending to chill the carcasses at that end and is further cooled by the refrigeration coils 7[.]” Ex. 1004 (Innes), FIG. 1.
[8.D] wherein an entirety of said inner surface of said tank side walls is positioned parallel to said outer edges of said at least one flight of said auger and wherein said entirety of said inner surface of said tank side walls conforms closely to said outer edges of said one or more flights of said auger, thereby forcing said chilling water to flow along said helical path when said
Ex. 1004 (Innes), 3:44-47: “The worm 4 is dimensioned so as to closely approach the surface of tank 3 which may be semicylindrical and extend 270° or more around the worm.” Ex. 1004 (Innes), 4:67-5:1: “a screw-feed mechanism mounted within said tank with its axis coaxial with axis of said tank and its outer edges closely approaching the
Case No. To Be Assigned Patent No. 6,397,622
56
auger rotates and impeding a flow of said chilling water between said tank side walls and said outer edges of said at least one flight of said auger when said auger rotates;
inner surface of said tank[.]”
[8.E] an unloader for removing the food product from said outlet end;
Ex. 1006 (Morris ’000), 1:41-42: “the product exits the chiller at end 120.” Ex. 1006 (Morris ’000), FIG. 2. Ex. 1004 (Innes), 3:54-56: “A discharge mechanism 14 at the output end removes the carcasses from the chiller and discharges them for further processing.” Ex. 1004 (Innes), 4:25-27: “After tumbling and chilling in the cold water, the carcasses are discharged into the discharge chute 14.” Ex. 1004 (Innes), FIG. 1.
[8.F] a first chilling water line for discharging chilling water from said inlet end of said tank;
Ex. 1006 (Morris ’000), 1:29-32: “During the chilling process, chilled water ... exits at point 140, the water flowing in a direction opposite to that of the poultry product.” Ex. 1006 (Morris ’000), FIG. 2. Ex. 1004 (Innes), 3:50-51: “A water overflow is provided at the input end 10 and is designated 11.” Ex. 1004 (Innes), FIG. 1.
[8.G] a refrigeration system external to said outer surface of said tank for refrigerating the chilling water discharged from said inlet end of said tank; and
Ex. 1006 (Morris ’000), 1:32-35: “The water being warmed by contact with the initially-warmer poultry product, is recirculated and re-chilled by a refrigeration unit 150 before being
Case No. To Be Assigned Patent No. 6,397,622
57
returned to the auger housing. Ex. 1006 (Morris ’000), FIG. 2.
[8.H] a second chilling water line for re-circulating chilling water from said refrigerating means and introducing chilling water into said outlet of said tank.
Ex. 1006 (Morris ’000), 1:29-32: “During the chilling process, chilled water enters the housing at entry points 130 ... , the water flowing in a direction opposite to that of the poultry product.” Ex. 1006 (Morris ’000), FIG. 2. Ex. 1004 (Innes), 3:49-50: “[A] suitable water inlet provided at 8 at the output 9 of the chiller.” Ex. 1004 (Innes), 4:12-14: “Water from inlet 8, which may be prechilled, is introduced adjacent the output end[.]” Ex. 1004 (Innes), FIG. 1.
As discussed above in Section VI.B.7, Innes discloses claim elements [8.P],
[8.A]-[8.E], and [8.H]. See Ex. 1008, ¶¶ 90-97 and 100.
Claim element [8.E] recites, “an unloader for removing the food product
from said outlet end.” Although a different unloader is disclosed in Innes, in
Morris ’000, carcasses are also removed from the outlet end of the tank using an
unloader. Ex. 1008, ¶¶ 74, 90, and 97. As discussed above in Section VI.D.1,
FIG. 2 of Morris ’000 illustrates the unloader that is at the outlet end of the tank.
Id. at 97.
Case No. To Be Assigned Patent No. 6,397,622
58
Claim element [8.F] recites, “a first chilling water line for discharging
chilling water from said inlet end of said tank.” As discussed above in Section
VI.D.1, FIG. 2 of Morris ’000 illustrates a chilling water line that discharges
chilling water from the inlet end of the tank. Ex. 1008, ¶¶ 75, 90, and 98.
Additionally, Innes discloses element [8.F] via the water overflow 11. Id.
Claim element [8.G] recites, “a refrigeration system external to said outer
surface of said tank for refrigerating the chilling water discharged from said inlet
end of said tank.” The refrigeration unit in Morris ’000 is a refrigeration system
that refrigerates chilling water that is discharged from the inlet end of the tank. Ex.
1008, ¶¶ 90 and 99. As discussed above in Section VI.D.1, FIG. 2 of Morris ’000
illustrates the refrigeration system.
Claim element [8.H] recites, “a second chilling water line for re-circulating
chilling water from said refrigerating means and introducing chilling water into
said outlet of said tank.” The “said refrigerating means” recited in claim element
[8.H] appears to refer to “[the] refrigeration system” recited in claim element
[8.G]. As discussed above in Section VI.D.1, FIG. 2 of Morris ’000 illustrates a
chilling water line that recirculates chilling water from the refrigeration system and
introduces chilling water into the outlet end of the tank. Ex. 1008, ¶¶ 77, 90, and
100. Additionally, Innes discloses the water inlet 8, which can introduce prechilled
water to the tank 3. Id. at ¶¶ 90, 100.
Case No. To Be Assigned Patent No. 6,397,622
59
It would have been obvious to a person of ordinary skill in the art to
combine the water refrigeration and recirculation of Crawford with the chiller of
Innes for the same reasons that are discussed above in Section VI.D.1. Ex. 1008,
¶¶ 78-79 and 101.
E. Ground IV: Claim 2 Is Obvious over Innes, Morris ’000, and Morris ’101
The following claim chart and discussion below demonstrate that claim 2 is
obvious over Innes, Morris ’000, and Morris ’101.
Claim Limitations Disclosure by the Prior Art [2] The auger type food product chiller of claim 1, further comprising means for sloping said tank from said outlet end downwardly toward said inlet end.
Ex. 1007 (Morris ’101), 3:57-65, “The drum 15 is disposed on a slight grade rising from the feed end 17 to the discharge end 18, for example in a tank 15 having an axial length of about 16 feet and a diameter of about seven feet, the discharge end 18 is about 3 to 4 inches above the level of the feed end 17.” Ex. 1007 (Morris ’101), FIG. 1.
The tank in Morris ’101 is positioned on a base that slopes the tank from the
outlet end downwardly toward the inlet end. Ex. 1008, ¶¶ 102-103. It would have
been obvious to a person of ordinary skill in the art to position the tank of Innes on
a base so that the tank slopes from the outlet end downwardly toward the inlet end.
Id. It was well known to slope chiller tanks to, for example, facilitate draining the
Case No. To Be Assigned Patent No. 6,397,622
60
tanks for cleaning. Id. In addition, such a modification of Innes would be well
within the abilities of a person of ordinary skill in the art. Id.
VII. CONCLUSION
For the reasons set forth above, there is a reasonable likelihood that
Petitioner will prevail with respect to at least one of the claims challenged in this
Petition. Accordingly, Petitioner respectfully requests that the Board institute inter
partes review of claims 1-8 of the ’622 Patent and that the Board issue a final
written decision under 35 U.S.C. § 318 holding claims 1-8 of the ’622 Patent
unpatentable.
Dated: December 18, 2014
Respectfully submitted, /N. Andrew Crain/_____ N. Andrew Crain (Reg. No. 45,442) Lead Counsel for Petitioner Thomas | Horstemeyer, LLP 400 Interstate North Pkwy Ste. 1500 Atlanta, Georgia 30339 Tel: (770) 933-9500 Fax: (770) 951-0933
Case No. To Be Assigned Patent No. 6,397,622
CERTIFICATE OF SERVICE
In accordance with 37 C.F.R. §§ 42.6(e) and 42.107, the undersigned
certifies that on the 18th day of December, 2014, a complete and entire copy of the
foregoing Petition for Inter Partes Review of U.S. Patent No. 6,397,622 Under 35
U.S.C. §§311-319 and 37 C.F.R. § 42.100 et seq., including exhibits relied upon,
was served on counsel of record for Patent Owner at the correspondence address as
follows,
Richard Blakely Glasgow bglasgow@wlj.com
Wright, Lindsey & Jennings LLP
200 West Capitol Avenue, Suite 2300 Little Rock, Arkansas 72201
Attorney for Patent Owner
via Federal Express No. 8019 4601 2020, postage prepaid because this is likely to
effect service.
THOMAS | HORSTEMEYER, LLP
/N. Andrew Crain/ N. Andrew Crain (Reg. No. 45,442) Lead Counsel for Petitioner
December 18, 2014 Date
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