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 .
Priority
The claim to priority as a filing of PCT/US2021/036122, filed on June 7, 2021, which claim benefit to 63/036,628 is acknowledged in the instant application.
Information Disclosure Statement
The Information Disclosure Statement filed on December 9, 2022, January 27, 2023, May 14, 2024, February 26, 2025, April 16, 2025, August 6, 2025 and October 1, 2025 have been considered by the Examiner.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4, 6-8, 12-13, 15-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Balaban et al. (WO 2015/160269) (cited by Applicant).
Regarding claim 1, Balaban et al. discloses a method and apparatus for processing a product having a high pressure process for decontamination, comprising: introducing a controlled amount of gas (Par. 38 and 81, “a control treated with carbon dioxide”) into a package with a product (1) (Par. 20-24 and 81) and the hermetically sealing the package (Par. 81-82), subjecting the hermitically-sealed package to an operating pressure by pressurizing media containing water (610) (Fig. 9B; Par. 82 and 92), wherein the product has a water activity less than or equal to 0.9 (Par. 20-24); increasing the operating pressure to change the gas into a different phase (Par. 82, “The treatment pressure may also convert the carbon dioxide from a gas to a liquid, near critical gas or liquid, or a supercritical fluid, or from a liquid to a near critical liquid, or a supercritical fluid, or in the case of a liquid product, substantially saturate the product with carbon dioxide that may or may not dissolve in the liquid product”); and maintaining the operating pressure for a sufficient length of time to achieve some decontamination inside the package (Par. 82, “hold time”) (Fig. 1-9).
Regarding claims 2-4, Balaban et al. discloses at least 75% by volume of the gas is selected of carbon dioxide (630) (Fig. 9B; Par. 35 and 81-82).
Regarding claim 6, Balaban et al. discloses the step of producing liquid phase carbon dioxide inside the package when the package is subject to the operating pressure; and producing supercritical phase carbon dioxide inside the package when the package is subjected to the operating pressure (Par. 71, 79 and 82).
Regarding claim 8, Balaban et al. discloses the carbon dioxide (630) comprises carbon dioxide and unavoidable impurity (implicit they are unavoidable) (Fig. 9B; Par. 35 and 81-82).
Regarding claim 12, Balaban et al. discloses at least 99% by volume of contents inside the package (120) before pressurization is comprises of product (135), carbon dioxide (630), less than 25% by volume of air (opening/space 140) of the total gases, water in the air (Fig. 6-9).
Regarding claim 13, Balaban et al. discloses at least 99% by weight of the contents inside the package (120) is comprises of product (135), carbon dioxide (630) or a mixture of carbon dioxide and air (opening/space 140) (Fig. 6-9).
Regarding claim 15, Balaban et al. discloses the product is a personal protective equipment (Par. 20, “laboratory products, pharmaceuticals, medical devices, medical products”).
Regarding claim 16, Balaban et al. discloses the product is a dry food product having a water activity less than 0.60 (Par. 23, “powder, pasta”).
Regarding claim 17, Balaban discloses the product is a food product having a water activity from 0 to 0.9 (Par. 21, “honey”; Par. 23, “pasta”).
Regarding claims 18-19, Balaban discloses the operating pressure can range from 960 bar to 6,000 bar and the time can range from 10 seconds to 10 minutes; and a sufficient length of time is at least 10 seconds (Par. 26 and 28).
Regarding claim 20, Balaban et al. discloses a method and apparatus for processing a product having a high pressure process for decontamination, comprising: introducing a controlled amount of gas into a package (Par. 38 and 81, “a control treated with carbon dioxide”) with a product (Par. 20-24 and 81) and then hermitically sealing the package (Par. 81-82), wherein the hermitically sealed package contains at least 99% by weight of the following: product, carbon dioxide (630) as a liquid or supercritical phase, unavoidable impurities, air with or without water (Par. 14, 71, 79 and 82); subjecting the hermitically sealed package to an operating pressure of at least 690 bar for a time of at least 10 seconds (Par. 26 and 18), wherein the product has a water activity of less than or equal to 0.9 (Par. 21, “honey”; Par. 23, “pasta”) (Fig. 1-9).
Regarding claim 21, Balaban et al. discloses the operating pressure can range from 690 bar to 6,000 bar (Par. 26).
Regarding claim 22, Balaban et al. discloses the product is a food product 9 (Par. 21, “honey”; Par. 23, “pasta”).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 5, 9-10, 14 and 24-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Balaban et al. (WO 2015/160269) in view of Spilimbergo et al. (WO 2019/043442) (cited by Applicant).
Regarding claims 5 and 24, Balaban et al. discloses substantially all features of the claimed invention as set forth above including the gas comprises carbon dioxide (630) (Fig. 9B, Par. 35 and 81-82) except the gas further comprises one or more gases from the group consisting of air, helium, nitrogen, nitrous oxide, propane, hydrogen, carbon monoxide, and argon. Spilimbergo et al. discloses the gas further comprises one or more gases from the group consisting of air, nitrogen, carbon monoxide (Claim 4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Balaban et al., the gas further comprises one or more gases from the group consisting of air, helium, nitrogen, nitrous oxide, propane, hydrogen, carbon monoxide, and argon, as taught by Spilimbergo et al., for the purpose of suitable to the user application for allowing pasteurization process but also preservation of food inside the packaging.
Regarding claim 9, Balaban discloses the carbon dioxide gas (630) is mixed with air (space or opening 140) (Fig. 6-8), wherein air comprises up to 25% of the total volume of combine carbon dioxide and air. Spilimbergo et al. also discloses the carbon dioxide gas is mixed with air, wherein air comprises up to 25% of the total volume of combine carbon dioxide and air (Page 8, Lines 18-21; Page 10, Line 31-33).
Regarding claim 10, Balaban discloses the air comprises water, wherein some or all of the water exists as carbon acid (Par. 82) (Note: since carbon dioxide dissolves naturally in water vapor, therefore it is forming carbon acid).
Regarding claim 14, Spilimbergo et al. discloses the mixture of carbon dioxide to air has a ratio in the range of 90:10 to 75:25 (Page 8, Lines 18-21; Page 10, Line 31-33).
Regarding claim 25, Spilimbergo et al. discloses nitrous oxide as a liquid within the package (Page 2, Lines 1-2; Page 3, Lines 11-20).
Conclusion
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/HUNG D NGUYEN/Primary Examiner, Art Unit 3761
HUNG D. NGUYEN
Primary Examiner
Art Unit 3761