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 .
Election/Restrictions
Applicant's election with traverse of claims 11-28 in the reply filed on 10/10/2025 is acknowledged. The traversal is on the ground(s) that claims 1-8 (Group I) and claims 11-28 (Group III) are linked by a single general inventive concep. Applicant argues, see pages 10-12, D5 relates to a stand-alone machine having a carousel of two pockets (cavities) which are treated with a microwave applicator and D7 relates to a rotating cavity microwave oven in which tumbles loose product therein; hence, D5 could not be modified for use with a microwave oven in the manner claimed in the current application. This is not found persuasive because as noted in the prior office action, the previous Examiner merely state that multimode cavity microwave ovens are widely disclosed in D7 processing of foodstuffs and does not specifically contend modification of D5 with the specific embodiment of the microwave oven in D7 noted by Applicant (reference page 9 of Office action previously mailed 8/10/2025). Applicant also contends one skilled in the art would have no reason or motivation to include a multi-cavity forming device or multimode cavity microwave oven in the invention of D5; however, similar to above, this relies on the specific oven noted by Applicant and not to general microwave ovens. Further, it is noted under broadest reasonable interpretation, D5 discloses a multi-mode cavity being configured in such a way that all dosed amounts of the ingredient in the respective forming cavities of the multi-cavity forming device are heated by microwaves in the multimode cavity (paragraph 0075, two pockets 33 a, 33B at the ends 35A, 35B of a horizontal arm 35 which is pivoted on a rotating shaft 36 keyed to a second electric motor 37; all dosed amounts are heated by the heating means, albeit sequentially). Hence, Applicant ‘s arguments with respect to the combination of D7 are moot. For the reasons above , the requirement is still deemed proper and is therefore made FINAL.
Claims 1-8 and 9-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention(s), there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 10/10/2025.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 3/09/2023 has been considered by the examiner.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 11-12, 14 and 16-28 are rejected under 35 U.S.C. 103 as being unpatentable over Bacchi (US 2021/0259271 A1, having priority 6/24/2019), in view of Johnson (US 3,632,945).
Regarding claim 11, Bacchi teaches a system for producing tablets for extraction of a liquid food product starting from at least one ingredient in granular or powder form (1 in Figures; paragraph 0044, product of food tablets for hot beverage brewing; paragraph 0028, grounds with a predetermined particles size), the system being designed for irradiating with microwaves a dosed and moistened amount of the ingredient which is contained in a confined volume (paragraph 0030), the system comprising at least:
a forming sub-system, configured to confer the tablets a predefined shape (forming means 26 in Figures 3, 5, 7-11; paragraph 0066, for forming the dose of mixture into a tablet);
a loading sub-system, configured to supply the ingredient, in a dosed amount (Figure 10; paragraphs 0070-0071, container 30 having lifting bottom wall 31, which opens to allow dropping of the dose towards forming means 26), into a respective forming cavity of the forming sub-system (group 38 in Figure 11; paragraph 0077, group 38 comprises forming means 26 having movable lower portion defined by pocket 33 (i.e., cavity);
a moistening sub-system (moistening means 9 in Figure 3), configured to moisten at least part of the ingredient (paragraph 0050, for moistening the grounds to a predetermined moisture content);
a heating sub-system (irradiating means 27 in Figure 2), configured to irradiate with microwaves (paragraph 0067, for irradiating the tablet with a beam of electromagnetic waves) the ingredient while contained in the respective forming cavity of the forming sub-system (paragraph 0077);
a transport sub-system (rotating shaft 36 in and electric motor 37 in Figure 2);
wherein the forming sub-system includes a multi-cavity forming device (Figure 8; paragraphs 0073-0076, discloses a plurality of pockets 33 having rotational and translational motion), the transport sub-system being configured to cause displacements of the multi-cavity forming device (paragraph 0075, two pockets 33 a, 33B at the ends 35A, 35B of a horizontal arm 35 which is pivoted on a rotating shaft 36 keyed to a second electric motor 37),
wherein the loading sub-system is configured to load a plurality of dosed amounts of the ingredient into respective forming cavities of the multi-cavity forming device (paragraphs 0073-0074, rotational movement of each pocket allows loading of ingredient therein);
and wherein the heating sub-system comprises a microwave oven (Figure 11, paragraph 0081, irradiating means being locating in cavity or chamber 40 (i.e., microwave chamber) satisfies the limitation ‘microwave oven’ under broadest reasonable interpretation), into which the multi-cavity forming device is introduced and removed by means of the transport sub-system, the multi-mode cavity being configured in such a way that all dosed amounts of the ingredient in the respective forming cavities of the multi-cavity forming device are heated by microwaves in the multimode cavity (paragraph 0075, two pockets 33 a, 33B at the ends 35A, 35B of a horizontal arm 35 which is pivoted on a rotating shaft 36 keyed to a second electric motor 37; hence, under broadest reasonable interpretation, all dosed amounts are heated by the heating means, albeit sequentially).
Bacchi teaches all the elements of lcaim11, but does not disclose the heating sub-system comprises a microwave oven having a multimode cavity.
However, the use of microwave ovens having a multimode cavity to heat foodstuffs is known. In the same field of food processing, Johnson teaches heating of foodstuff in a microwave oven having a multimode cavities to more evenly distribute the microwave energy via reflectors (col. 1, lines 24-29). One of ordinary skill in the art could have applied this known technique to the invention of Bacchi and the results would have been predictable to one skilled in the art. One would have been motivated to provide the microwave oven in the heating sub-system with a multi-mode cavity to more evenly distribute the microwave energy therein, as disclosed by Johnson.
Regarding claim 12, Bacchi, as modified by Johnson, further discloses the moistening sub-system and the forming sub-system are configured to obtain moistening of the ingredient within the respective forming cavity of the multi-cavity forming device (paragraphs 0050-0051 of Bacchi, moistening means 9 are provided downstream from the grinding means 3 for moistening the grounds to a predetermined moisture content; paragraphs 0077-0078 of Bacchi, pocket contains dose of wetted and homogenized mixture).
Regarding claim 14, Bacchi, as modified by Johnson, further discloses the microwave oven includes a plurality of microwave sources and/or waveguides configured for supplying microwave beams into the multimode cavity from a plurality of zones thereof (implicit in the disclose of Johnson, col. 1, lines 24-29, plurality of waveguides/wavelengths).
Regarding claim 16, Bacchi, as modified by Johnson, further discloses the multi-cavity forming device comprises a first part (lower portion 39b in Figure 11 of Bacchi), in which at least part of the forming cavities are defined (paragraph 0077 of Bacchi, defined by the pocket 33 (i.e., cavity), and at least one second part (upper portion 39a in Figure 11 of Bacchi) which is couplable in a releasable way to the first part for closing the forming cavities at least one axial end thereof (Figure 11; paragraph 0077 of Bacchi, 39b is movable against 39a), where the at least one second part comprises a bottom part and a head part between which the first part is set (lower and upper part of 39a).
Regarding claim 17, Bacchi, as modified by Johnson, teaches all the elements of claim 11, but does not disclose discloses the multi-cavity forming device has at least one fluidic circuit for conveying a moistening fluid into each forming cavity. However, Bacchi teaches each of the group (38 in Figure 11 of Bacchi) comprises a vent (48) which allows water to pass through (paragraphs 0085 of Bacchi). It would have been obvious to one skilled in the art to have provided a fluidic circuit for each the vents of each group to collective convey water (noting said vents are capable of conveying to or from each cavity).
Regarding claim 18, Bacchi, as modified by Johnson, teaches all the elements of claim 17, and further discloses each forming cavity has moistening passages in fluid communication with the fluidic circuit (48 in Figure 11; paragraphs 0085, 0089 of Bacchi, noting 48 is capable of conveying fluid to and from each cavity), the moistening passages being at a surface delimiting a respective forming cavity.
Regarding claim 19, Bacchi, as modified by Johnson, teaches all the elements of claim 17, and further disclose the moistening sub-system comprises one or more connecting ducts (conduit 23 in Figure 3; paragraph 0063 of Bacchi), but does not disclose said one or more connecting ducts being rearranged to be couplable to respective inlets of the at least one fluidic circuit of the multi-cavity forming device. However, it has generally been recognized that to shift location of parts when the operation of the device is not otherwise changed is within the level of ordinary skill in the art, In re Japikse, 86 USPQ 70; In re Gazda, 104 USPQ 400. It would have been obvious to one having ordinary skill in the art at the time the invention was made to rearrange said conduit of the moistening sub-system to be couplable to the at least one fluidic circuit of the multi-cavity forming device, since it has been held that a mere rearrangement of element without modification of the operation of the device involves only routine skill in the art. One would have been motivated to rearrange said conduit to the at least one fluidic circuit for the purpose of controlling the moisture content of the dose within the pocket (i.e., cavity) as the moisture content of the dose sees variation within the pocket (paragraph 0091 of Bacchi).
Regarding claim 20, Bacchi, as modified by Johnson, teaches all the elements of claim 11, but does not disclose at least one of the following:
a first handling sub-system upstream of the microwave oven, configured to couple together a first part and at least one second part of the multi-cavity forming device; and
a second handling sub-system downstream of the microwave oven, configured to decouple a first part and at least one second part of the multi-cavity forming device.
However, Bacchi discloses the multi-cavity forming device comprises a first part (upper 39a in Figure 11 of Bacchi) and a second part (lower portion 39b in Figure 11 of Bacchi). Further, the second part is movable against the first part (paragraph 0077 of Bacchi). It would have been obvious for one skilled in the art to have provided a sub-system to move the movable second part against the first part.
Regarding claim 21, Bacchi, as modified by Johnson, teaches all the elements of claim 11, but does not disclose the loading sub-system is configured to supply simultaneously the plurality of dosed amounts of the ingredient into the plurality of forming cavities of the multi-cavity forming device. Bacchi discloses the loading sub-system comprises a container having a lifting bottom wall which opens to drop the dose into a pocket (i.e., cavity) (Figure 10; paragraphs 0070-0071 of Bacchi). As Bacchi discloses a pair of forming cavities of the multi-cavity forming device (33a, 33b in Figure 8 of Bacchi), it would have been obvious to one having ordinary skill in the art at the time the invention was made to duplicate the container having a lifting bottom wall, sine it has been held a mere duplication of working parts of a device involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). The court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. One would have been motivated to duplication the container having a lifting bottom wall for the purpose of loading the pair of pockets (i.e. cavities) more efficiently.
Regarding claim 22, Bacchi, as modified by Johnson, further discloses at least one pressing sub-system (presser 41 in Figure 11; paragraph 0078 of Bacchi) upstream of the microwave oven, configured to:
temporarily subject the plurality of dosed amounts of the ingredient contained in the respective forming cavities of the multi-cavity forming device to an active compression (paragraph 0078 of Bacchi, to compress the dose of wetted and homogenized mixture), and
interrupt said active compression before introduction of the multi-cavity forming device into the multimode cavity of the microwave oven (implicit in the disclosure of Bacchi).
Regarding claim 23, Bacchi, as modified by Johnson, further discloses, at least one separation sub-system, downstream of the microwave oven, configured to remove the tablets from the multi-cavity forming device (53 in Figure 9; paragraphs 0098-0100 of Bacchi).
Regarding claim 24, Bacchi, as modified by Johnson, further discloses a packaging sub-system (paragraph 0097 of Bacchi), but does not disclose at least one from among a drying sub-system, a desiccation sub-system, a cooling sub-system for the tablets, downstream of the microwave oven and upstream of a packaging sub-system. It would have been obvious for one skilled in the art to have further modified the invention of Bacchi/Johnson and included a cooling sub-station downstream of the microwave oven and upstream of a packaging sub-system to improve handling of the tablets.
Regarding claim 25, Bacchi, as modified by Johnson, teaches all the elements of claim 11, but does not disclose the transport sub-system comprises at least one conveyor belt, made at least in part with a microwave-transparent material. It would have been obvious for one of ordinary skill in the art to have further modified Bacchi/Johnson and provided a conveyor made at least in part with a microwave-transparent material to allow the microwaves to penetrate therethrough to ensure the foodstuff is sufficiently heated/dried).
Regarding claim 26, Bacchi, as modified by Johnson, teaches all the elements of claim 11, but does not disclose the transport sub-system comprises a plurality of conveyor belts arranged in sequence. However, Bacchi discloses the finished tablets are conveyed to a packaging station (paragraphs 0097, 0100 of Bacchi). It would have been obvious to one skilled in the art to have provided a plurality of conveyor belts in sequence to transfer the material and tablets through the microwave and to the packaging station for a continuous process.
Regarding claim 27, Bacchi, as modified by Johnson, further discloses the transport sub-system is configured to cause a displacement of at least one part of the multi-cavity forming device in a direction of advancement (paragraphs 0098-0100 of Bacchi), between a succession of operating stations selected from among:
one or more first handling stations for handling parts of the multi-cavity forming device, upstream of the microwave oven;
a loading station, for loading the plurality of dosed amounts of the ingredient, upstream of the microwave oven (weighing means 25 and chute 28 in Figure 7; paragraph 0068 of Bacchi);
a pressing station, for pressing the plurality of dosed amounts of the ingredient, upstream of the microwave oven;
a moistening station, for partial moistening of the plurality of dosed amounts of the ingredient, upstream of the microwave oven;
a heating station which comprises the microwave oven, the multimodal cavity being substantially configured as a tunnel with one entry and one exit,
one or more second handling stations for handling of parts of the multi-cavity forming device, downstream of the microwave oven;
a separation station, for removing the tablets from at least one part of the multi-cavity forming device, downstream of the microwave oven;
at least one from among a drying station, a desiccation station and a cooling station for the tablets, downstream of the microwave oven;
a packaging station for packaging the tablets (paragraphs 0097, 0100 of Bacchi).
Regarding claim 28, Bacchi, as modified by Johnson, teaches all the elements of claim 27, but does not disclose the transport sub-system is configured to cause displacement of the multi-cavity forming device in the direction of advancement through the entry and the exit of the multimode cavity of the microwave oven. It would have been obvious for one of ordinary skill in the art to have further modified Bacchi/Johnson, and configured the transport sub-system to cause displacement of the multi-cavity forming device in and out of the multimode cavity of the microwave oven to provide a means for moving the multi-cavity forming device for heating within the microwave oven.
Claim(s) 13 is rejected under 35 U.S.C. 103 as being unpatentable over Bacchi, in view of Johnson, as applied to claim 12 above, and further in view of Rastello-De Boisseson (US 2014/0017368 A1).
Regarding claim 13, Bacchi, as modified by Johnson, teaches all the elements of claim 12, but does not disclose the moistening sub-system and the forming sub-system are configured to obtain moistening of only a surface layer of each dosed amount.
Rastello-De Boisseson discloses a moistening system (paragraph 0090) configured to moisten only a surface layer of food particles (paragraph 0088) after compression (paragraph 0018). Rastello-De Boisseson discloses the formed material has improved hardness and friability (paragraph 0091). One of ordinary skill in the art could have applied this known technique of moistening only the outer surface, as disclosed by Rastello-De Boisseson, to the invention of Bacchi/Johnson, and the results would have been predictable to one skilled in the. One would have been motivated to configure the sub-systems of Bacchi/Johnson to moistening only a surface layer of each dosed amount to improve the harness and/or friability of the material depending on the foodstuff being processed.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Bacchi, in view of Johnson and Cyr (US 5,436,432 A).
Regarding claim 15, Bacchi, as modified by Johnson, teaches all the elements of claim 11, but does not disclose the multimode cavity is provided with reflection guide elements, for reflection of at least part of the microwaves towards the multi-cavity forming device.
Cyr teaches a microwave autoclave apparatus (Figures 1-3) for pasteurizing, sterilizing or retorting food product, comprising reflectors (28 in Figure 3) which ensures any unused waves are reflected back towards the cavities holding food containers (col. 5, lines 13-15). It would have been obvious for one of ordinary skill in the art to have provided the microwave oven of Bacchi/Johnson with reflectors (i.e., reflection guide elements) to ensure unused microwaves are directed to the multi-cavity forming device, thereby improving efficiency of the microwave oven.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Stalmakhou (WO 2019106413 A1) discloses a .
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/VIRAK NGUON/Examiner, Art Unit 1741 11/15/2025