DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/26/26 was filed after the mailing date of the last Office action on 12/16/25. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
Applicant amendments to the claims and specification have overcome the claim rejections under 35 U.S.C. 112 and the objection to the specification set forth in the last Office action on 12/16/25.
Claim Status
Claims 11-12, 14-15 and 20-21 are pending and being examined on their merits. Claims 11, 15, and 20-21 have been amended with claims 1-10, 13 and 16-19 previously canceled.
Claim 11 has been amended to delete the limitations of “an oil-filled jacket containing an oil for reducing condensation, and an auxiliary heater/cooler is connected to the oil-filled jacket to heat or cool the oil,” and to change from “a high pressure pump” to “a pump”, and “cooling or heating the oil in the oil-filled jacket” to “cooling or heating the pressure vessel and/or the water”, and to change from “an amount that compensates ahead of several of the consecutive cycles” to “an amount that compensates for future heating and/or cooling of the pressure vessel, the product and/or the water caused by future consecutive HPP cycles”. Additionally, claim 11 now requires running consecutive cycles of HPP with successive baskets or containers, and cooling or heating the pressure vessel and/or the water by an amount that compensates for future heating and/or cooling of the pressure vessel, the product and/or the water caused by future consecutive HPP cycles with successive baskets or containers thereby to control the water temperature within the desired temperature range.
Claims 15 and 21 were amended to change “a controller” to “the controller”, and to add the term range in relation to the temperature in claim 21.
Claim 20 was amended to change “pressure media” to “water”, “a high pressure pump” to “the pump”, to add “partially surrounding the pressure vessel” for a thermal jacket, and to delete “food” in relation to the temperature measurement.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: Claim 11, lines 19-20, and 23-24 recites “running consecutive cycles of HPP with successive baskets or containers”, however, nowhere in the specification “running consecutive cycles of HPP with successive baskets or containers” is explicitly recited. On page 10, lines 25-27, the specification mentions that “When consecutive cycles are run (each cycle with new baskets/milk/food stuff) it may be possible that the inner surface of the pressure vessel 326 will experience a "steady" increase of its inner surface temperature.” For examination purposes and compact prosecution the limitation of “running consecutive cycles of HPP with successive baskets or containers” will be considered as described by the specification as “running consecutive cycles, each cycle with new baskets/milk/food stuff.”
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 11-12, 14-15, 20-21 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 11, lines 22-23, recites “cooling or heating the pressure vessel and/or the water by an amount that compensates for future heating and/or cooling of the pressure vessel, the product and/or the water caused by future consecutive HPP cycles”.
On page 10, lines 14–18 of the specification it is disclosed that “In some cases, the metal parts will see an increase in temperature and then reach a temperature steady state with the more cycles that are run in the pressure vessel 326. It is then of importance to fine tune and adjust temperatures at the pre-programmed settings. In an embodiment, the controller 314 can compensate for this initial increasing temperature followed by a steady temperature plateau.”
On page 10, lines 27-31 of the specification it is disclosed that “In an embodiment, the controller 314 is programmed with a recipe to compensate for this increase in the temperature of the inside of the pressure vessel 326 after each in a series of consecutive cycles and responds by reducing either the vessel temperature or the incoming product temperature a small amount, for example, until the pressure vessel 326 temperature has plateaued.”
On page 11, lines 1-3 of the specification it is disclosed that “In an embodiment, it is possible product will be subjected to more than one cycle. In this case, the controller 314 is programmed with a recipe that compensates for the temperature increase during each cycle.”
The specification does not disclose “cooling or heating the water by an amount that compensates for future heating and/or cooling of the water caused by future consecutive HPP cycles”.
Claims 12, 14-15 and 20-21 are rejected by virtue of their dependence on a base rejected claim.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 11, 14-15 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamauchi et al. [JP H08187069 A], hereinafter Yamauchi, in view of Strong et al. [US 20150010679 A1], hereinafter Strong, and Cornell [US 20180289044 A1].
Regarding claim 11, Yamauchi teaches a method for high pressure processing (HPP) of a product in a HPP system [Yamauchi, Abstract] comprising:
a pressure vessel configured to receive a basket or container inside (treatment chamber 2) the pressure vessel [Yamauchi, 0010];
a pump (pressurizing supply device 5) configured to pump (feeding) water (pressure medium (L) such as water) into the pressure vessel to raise pressure (pressurized to a predetermined pressure) in the pressure vessel [Yamauchi, 0010, 0021];
a controller (power input control device 12) configured to control a heater (heating mechanism 7 with heater 8 connected to power input control device 12) or cooler (cooling mechanism 6 connected to refrigerant supply device 10 to control temperature to predetermined temperature range) system to maintain a desired temperature range of the pressure vessel (cooling or heating pressure media L (water) in treatment chamber 2 thus maintaining it to a predetermined temperature) or a product therein (thereby subjecting material M within treatment chamber 2 to pressure treatment under coexistence of high pressure isostatic pressurization and thermal action) [Yamauchi, 0015, 0019, 0025], in response to one or more temperatures deviating from the desired temperature range while the pressure vessel undergoes pressurization (equivalent to the system is highly responsive to changes in temperature conditions from the positive range “heating” to the negative range “cooling”) [Yamauchi, 0027];
the method comprising:
placing a container or basket with a product (workpiece M is a packed product) within the pressure vessel (loaded into treatment chamber 2 of the high pressure vessel 1) [Yamauchi, 0010, 0024];
filling the pressure vessel with water [Yamauchi, 0011, 0021];
determining a desired temperature range of the water (cooling/heating maintaining pressure medium L= water at predetermined= desired temperature) during HPP (during pressurization) [Yamauchi, 0009, 0015];
Yamauchi teaches measuring/detecting temperature of the pressure medium L (water) within the treatment chamber of the pressure vessel [0021] but does not teach continually measuring temperatures at a plurality of locations within and around the pressure vessel.
Strong teaches a continuous low temperature pasteurization system and methods for products [Abstract]. The system comprise a pasteurization medium (water [0047]) in fluid communication with a pasteurization chamber [0024], and a control system comprising a controller [0089] in connection with temperature sensors [0086] for monitoring the operational parameters of the pasteurization system, and a measuring system for measuring operational parameters of the system, including the temperature of a pasteurization medium supplied to the pasteurization chamber, the temperature within the pasteurization chamber and the temperature of the treated product [0024], (equivalent to continually measuring temperatures at a plurality of locations within and around the pressure vessel).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the claimed continually measuring temperatures at a plurality of locations within and around the pressure vessel, into the invention of Yamauchi, in view of Strong, since both are directed to methods of sterilization pasteurization of products and/or elimination of microorganisms in products at low temperatures [Yamauchi, 0001; Strong, 0024], and because Strong teach that by measuring the temperatures in the various locations within and around the vessel would help to determine if the temperature of the food product reaches the set point temperature for the food product so that the desired level of pathogenic microorganisms on and/or in the food product are killed while maintaining a desired temperature of product quality by keeping the core of the food product below the low maximum pasteurizing temperature [Strong, 0024].
Modified Yamauchi does not teach running consecutive cycles of HPP.
Cornell teach a method for high pressure processing of a product [Abstract], and the method comprise running consecutive cycles of high pressure processing [0011-0012].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the claimed running consecutive cycles of high pressure processing, into the invention of modified Yamauchi, in view of Cornell, since both are directed to methods of pasteurization of products and/or elimination of microorganisms in products, and because Cornell teach that by running consecutive cycles of high pressure processing produces an increased lethal effect on populations of certain pathogenic organisms compared to when only a single high pressure process treatment [Cornell, 0012].
In regards to the limitation of “running consecutive cycles of HPP with successive baskets or containers”, which is being interpreted as “running consecutive cycles, each cycle with new baskets/milk/food stuff” in light of the disclosure on page 10, lines 25-27, of the instant specification:
Yamauchi does not teach this limitation, however, Yamauchi in view of Cornell teaches running consecutive cycles of HPP, and Yamauchi in view of Strong teaches a continuous low temperature food pasteurization system 10 including a conveyor system 20 for conveying food products through a pasteurization chamber 40 [Strong, Abstract, 0007, Fig.1]. Figure 1 of Strong shows running a continuous process in which new product (packaged/basket(s) or unpackaged [Strong, 0063]) is introduced by the conveyor 20 into chamber 40 for treatment.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to run consecutive cycles of HPP with successive baskets or containers (running consecutive cycles, each cycle with new baskets/milk/food stuff) as taught by Strong, in the method of modified Yamauchi, because Yamauchi in view of Cornell already teaches running consecutive cycles of HPP but simply did not mention introducing a new basket on each cycle, which one of ordinary skill in the art would have recognized as obvious to try choosing from a finite number of identified, predictable solutions (running consecutive HPP cycles on the same product (i.e., treating the same product two or more times), or treating a new untreated product once on each HPP cycle as taught by Strong, with a reasonable expectation of success (MPEP 2143 I. (E)). Further, it would have been obvious to one of ordinary skill in the art to run consecutive cycles of HPP with successive baskets or containers because Strong teaches that this would provide the advantage of a conveying system that transport the product through the processing/treatment chamber in an automated manner [Strong, 0039], wherein the speed of the conveyor system may be appropriately selected so that the dwell time of the food product within the treatment chamber is sufficient to allow for the killing (reduction) of pathogenic microorganisms [Strong, 0054].
In regards to the last paragraph of claim 11:
Yamauchi teaches cooling or heating the pressure vessel and/or the water by an amount that compensates for future heating and/or cooling of the pressure vessel, the product and/or the water (see controller discussion above, where the controller heats pressure media L (water) in treatment chamber 2 thus maintaining the treatment chamber or a product therein to a predetermined temperature by isostatic pressurization and thermal action through cooling (provided by cooling mechanism 6 connected to refrigerant supply device 10 to control temperature to predetermined temperature range) or heating (provided by heating mechanism 7 with heater 8 connected to power input control device 12) to maintain system, water and product to a desired temperature range [Yamauchi, 0015, 0019, 0025]. Yamauchi further teaches that the HPP system/method is very responsive to deviating temperatures in the cold (negative) and hot (positive) temperature range, as a result, a predetermined/desired temperature can be maintained (equivalent to “cooling or heating the pressure vessel and/or the water by an amount that compensates for future heating and/or cooling of the pressure vessel, the product and/or the water”).
Yamauchi in view of Cornell teaches running consecutive cycles of HPP as explained above.
Yamauchi in view of Strong teaches consecutive cycles of HPP with successive baskets or containers as explained above.
Regarding claim 14, Yamauchi teaches the method for high pressure processing (HPP) of a product in a high pressure processing system as discussed above, but does not explicitly teach the product is a dairy product.
Modified Yamauchi in view of Cornell teach the HPP method discussed above in claim 11 rejection, wherein the product is a dairy product [Cornell, Abstract].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the claimed treatment of a dairy product with high pressure processing methods as taught by Cornell, into the invention of modified Yamauchi, because Cornell teach that the high pressure processing (HPP) has the advantage of offering an even and instantaneous distribution of pressure energy throughout the product. Additionally, because Cornell teaches that the high pressure is applied to the dairy food in its final packaging, therefore the product is not subject to post-processing contamination with spoiling or pathogenic microorganisms, resulting in a product with a longer shelf life than products that are heat pasteurized and subsequently packaged [Cornell, 0006].
Regarding claim 15, Yamauchi teaches the method for high pressure processing (HPP) of a product in a high pressure processing system as discussed above, but does not explicitly teach calculating an adiabatic temperature rise of the water due to the increase in pressure within the pressure vessel with a controller.
Modified Yamauchi in view of Strong teach the HPP method discussed above in claim 11 rejection, wherein the controller such as a programable logic controller (PLC) [0089] is in connection with the temperature sensors [0086], (as disclosed on page 9, lines 4, and 9-11, page 10, lines 5-6, and page 13, lines 17-18 of the instant specification). Therefore, since the controller which is connected to the temperature sensors for reading the temperatures, under the broadest reasonable interpretation, a skilled artisan would recognize that the calculation of the adiabatic temperature rise (difference in temperatures) is performed by the controller. Particularly, because Yamauchi already express interest in controlling the temperature of the process [Yamauchi, 0019, 0027], as well as in the temperature fluctuations (rise/decrease) [Yamauchi, 0015, 0027] of water [Yamauchi, 0021, 0024].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the claimed calculating an adiabatic temperature rise of the water due to the increase in pressure within the pressure vessel with the controller as taught by Strong, into the invention of modified Yamauchi, because Strong teach that by providing a controller that is capable of predict changes in temperature and modulate/rectify operational parameters a desired level of microorganisms on/in the product may be killed while maintaining a desired temperature of product quality by keeping the core of the food product below the low maximum pasteurizing temperature [Strong, 0024], as well as a control system with a controller that can control and monitor temperature sensors [Strong, 0090], and is able to calculate process parameter changes such as temperature to adjust these if they deviate from the desired set point ranges [Strong, 0092].
Regarding claim 20, Yamauchi teaches the device used in the HPP method is provided with a temperature measuring means for detecting (measuring) the temperature of the pressure media fed to the pressure vessel [Yamauchi, 0021], which encompass the claimed limitation of measuring a temperature at the locations selected from the group recited in claim 20, since the claim does not specify that the measuring of a temperature is at one, two or more locations.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamauchi et al. [JP H08187069 A], hereinafter Yamauchi, in view of Strong et al. [US 20150010679 A1], hereinafter Strong, and Cornell [US 20180289044 A1], as applied to claim 11 above, and further in view of Ting et al. [US 20020192109 A1], hereinafter Ting.
Regarding claim 12, modified Yamauchi teaches the method for high pressure processing (HPP) of a product in a high pressure processing system as discussed above, but does not explicitly teach the adiabatic temperature rise is about 3°C per 1000 bar, and the process or product temperature is controlled to be above the adiabatic temperature rise.
Ting teaches methods for high pressure processing (HPP) of products under controlled temperature conditions [0001]. One disclosed embodiment teach being performed wherein the adiabatic temperature rise is 3°C per 100 MPa (3°C per 1000 bar), and the process or product temperature is controlled to be above the adiabatic temperature rise [0015, 0019, 0026], for example, an adiabatic temperature rise of 18°C at 600 MPa [0026], (18°C at 6000 bar, as disclosed on page 6, lines 24-25 and page 9, lines 30-31 of the instant specification).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the claimed adiabatic temperature rise, and the process or product temperature being controlled to above the adiabatic temperature rise into the invention of modified Yamauchi, in view of Ting, because both are directed to methods of high pressure processing (HPP) of products, and because Ting teach that many products , particularly food products, have compression heating characteristics similar to that of water (3°C per 1000 bar), and it is therefore appropriate and cost effective to use water as the pressure media [Ting, 0019], and that a temperature is controlled to be above the adiabatic temperature rise to provide well suited methods for applications in which there is a long hold time, to ensure that no heat transfer from the product to the vessel takes place [Ting, 0026].
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamauchi et al. [JP H08187069 A], hereinafter Yamauchi, in view of Strong et al. [US 20150010679 A1], hereinafter Strong, and Cornell [US 20180289044 A1], as applied to claim 11 above, and further in view of Waeny [US 20160242454 A1].
Regarding claim 21, Yamauchi teaches the device used in the HPP method is provided with a controller (power input control device 12) configured to control a heater to maintain/hold the pressure vessel, the product and/or the water to a desired temperature range [Yamauchi, 0015, 0019, 0025, 0027], but does not explicitly teach holding the product at a pressure and process temperature range according to a recipe stored in the controller.
Waeny teaches a system and method for high pressure processing of a product comprising a programmable logic controller (PLC) [Waeny, Abstract, 0058], (as disclosed on page 9, lines 10-11 of the instant specification), wherein said controller is capable of setting temperature and pressure parameters of the treatment/process by the controller and a specific program that activates various phases including duration of phases, as well as maintaining the temperature of the process to optimized or optimal treatment conditions [Waeny, 0081, claim 1], (equivalent to holding the product at a high pressure and process temperature). Additionally, the controller may comprise standardized recordings including temperature and pressure parameters [Waeny, 0065], (equivalent to recipe stored in a controller).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the claimed holding the product at a pressure and process temperature according to a recipe stored in a controller as taught by Waeny, into the invention of modified Yamauchi, since both are directed to high pressure systems and methods processing of products. Doing so would provide high pressure processing methods of products having continuous operation stages [Waeny, Title] without the need of manual operation, that achieves high quality while having low operation costs, and is suited for high production volumes [Waeny, Abstract], as well as the capability of setting temperature and pressure parameters already programmed, which, depending on the particular product and the treatment to perform, automatically and accurately adjusts the process parameters which are critical for the effective processing of the product [Waeny, 0065].
Response to Arguments
Applicant’s arguments with respect to claim(s) 11-12, 14-15, 20-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant arguments on page 11 are directed to the reference of Hukelmann which is not being relied upon for the rejection of the present amended claim 11. Additionally, Applicant arguments directed to Cornell (which teaches running consecutive cycles of HPP) are directed to the new limitation of “successive baskets or containers” during the consecutive cycles of HPP, which are taught by Strong as explained above in claim 11 discussion.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ting et al. [US 20020192109 A1], hereinafter Ting:
Ting (not relied upon for claim 11 limitation of “running consecutive cycles of HPP, with successive baskets or containers”) disclose methods for high pressure processing (HPP) of products under controlled temperature conditions [0001] in which a product carrier 10 (i.e., basket/container) is loaded with a new batch of product being placed into the pressure vessel 26 during consecutive cycles after each pressure/treatment cycle occurs and the already treated product is removed [Ting, 0029, Fig.2], (equivalent to “running consecutive cycles of HPP, (each cycle with new baskets/milk/food stuff) with successive baskets or containers”).
Guamis Lopez et al. [US 20130243644 A1], hereinafter Guamis Lopez:
Guamis Lopez disclose methods for high pressure processing (HPP) of products under temperature [Guamis Lopez, Abstract] in which the temperature and pressure process used for sterilization of the product can be applied to packed products (product in basket or container) and its content (food) as a whole group or a load system or continuous system (equivalent to “running consecutive cycles, each cycle with new baskets/milk/food stuff”) can be used depending on production requirements [Guamis Lopez, 0003-0004].
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUIS EUGENIO DIOU BERDECIA whose telephone number is (571)270-0963. The examiner can normally be reached Monday-Friday 7:30-4:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Erik Kashnikow can be reached at (571) 270-3475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/L.E.D./Examiner, Art Unit 1792
/ERIK KASHNIKOW/Supervisory Patent Examiner, Art Unit 1792
Prosecution Insights