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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the method of claims 1-9 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1-9 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors.
It is unclear if the first group is one of the two groups divided, it is unclear what is used (the group or the parameters), and it is unclear how the use to “anticipate the future necessary deep-freezing power of the tunnel” has any limiting scope on the “first group made up of measured parameters”. Same for the second group.
It is unclear if the method step being claimed is directed to the actions or how the actions are calculated. It is also unclear what is done “in order to…” the action or the calculations. And it is unclear how the “act in advance on an anticipated/expected deviation in a deep-freezing quality” has any limiting scope on the action or calculation. Same for the second group.
Referring to claim 1, line 10 recites the limitation “the product”, however lines 1-10 recites numerous product limitations of “which products”, and “exiting products”. Therefore the recitation of “the product” in the same or subsequent claim is unclear because it is uncertain which of the product was intended (MPEP 2173.05(e)). For purposes of examination, it will be assumed to be any of these.
Referring to claim 1, line 12 recites the limitation “the parameters”, however lines 1-12 recites numerous parameter limitations of “of several parameters”, “of different parameters”, “measured parameters”, “measured parameters”, “which parameters”. Therefore the recitation of “the parameters” in the same or subsequent claim is unclear because it is uncertain which of the parameters was intended (MPEP 2173.05(e)). For purposes of examination, it will be assumed to be any of these. The same for “the parameter or parameters”.
Referring to claim 1, it is not clear how the limitation “in order to act in advance on an anticipated/expected deviation in a deep-freezing quality” is intended to be grouped with respect to alternative language used by the “/”, for example, is the deviation anticipated or is the quality.
Claim 9 recites the limitation " the second input of the two matrices" in line 2. There is insufficient antecedent basis for this limitation in the claim. Assumed to depend on claim 7.
Due to the number of 35 USC § 112 rejections, the examiner has provided a number of examples of the claim deficiencies in the above rejections, however, the list of rejections may not be all inclusive. Applicant should refer to these rejections as examples of deficiencies and should make all the necessary corrections to eliminate the 35 USC § 112 problems and place the claims in proper format.
Due to the vagueness and a lack of clear definition of the terminology and phrases used in the specification and claims, the claims have been treated on their merits as best understood by the examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim(s) 1-9 rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recite:
1. A method for operating a cryogenic tunnel in which products to be cooled or deep-frozen circulate, the tunnel being equipped with means for injecting a cryogenic fluid and with means for extracting, at a variable flow rate, all or part of cold gases resulting from vaporization of said fluid in the tunnel, the method comprising:
taking measurements of several parameters;
dividing the several parameters into two groups of different parameters, wherein
a first group made up of measured parameters which is used to anticipate the future necessary deep-freezing power of the tunnel,
a second group made up of measured parameters that is used to evaluate a final result of exiting products, which parameters indicate whether the product has been correctly deep-frozen; and
carrying out two types of actions on the parameters:
anticipation actions calculated on a basis of values obtained for the parameter or parameters of the first group, in order to act in advance on an anticipated/expected deviation in a deep-freezing quality; and
retroactive actions calculated on a basis of a values obtained for the parameter or parameters of the second group, in order to rebalance a measured, effective drift in the quality of the exiting products.
2. The method for operating the cryogenic tunnel according to claim 1, wherein
the first group of parameters comprises at least two parameters from the following parameters:
a temperature of the products entering the tunnel,
a volumetric flow rate of the products entering the tunnel,
a mass flow rate of the products entering the tunnel,
a colour of the products entering the tunnel,
a level of coverage of a conveyor belt supplying the tunnel, or
parameters characterizing the atmosphere surrounding the tunnel in the room: ambient temperature, ambient humidity and atmospheric pressure; and
said second group of parameters comprises at least two parameters from the following parameters:
a temperature of the products exiting the tunnel,
a flow rate of cryogen let into the tunnel,
a temperature of the gases extracted from the tunnel, typically at two extraction hoods situated at the tunnel inlet and outlet,
a temperature prevailing in the room in the vicinity of these two extraction hoods,
a hardness of the products exiting the tunnel,
acolour of the products exiting the tunnel, or
a percentage of deep-frozen products that are of the IQF type.
3. The method for operating the cryogenic tunnel according to claim 1, wherein the first group comprising one or more parameters from the following parameters:
a temperature of the products entering the tunnel,
a volumetric flow rate of the products entering the tunnel,
a mass flow rate of the products entering the tunnel,
a colour of the products entering the tunnel,
a level of coverage of the conveyor belt supplying the tunnel, or
prameters characterizing the atmosphere surrounding the tunnel in the room: ambient temperature, ambient humidity and atmospheric pressure.
4. The method for operating the cryogenic tunnel according to claim 1, wherein the second group comprising one or more parameters from the following parameters:
a temperature of the products exiting the tunnel,
a flow rate of cryogen let into the tunnel,
a temperature of the gases extracted from the tunnel, typically at two extraction hoods situated at the tunnel inlet and outlet,
a temperature prevailing in the room in the vicinity of these two extraction hoods,
a hardness of the products exiting the tunnel,
a colour of the products exiting the tunnel,
a percentage of deep-frozen products that are of the IQF type.
5. The method for operating the cryogenic tunnel according to claim 1, wherein the anticipation action is carried out when the temperature of the products entering the tunnel is high compared with a given setpoint of a target temperature.
6. The method for operating the cryogenic tunnel according to claim 1, wherein the retroactive action is carried out when the temperature of the products exiting the tunnel is high compared with a given setpoint of a target temperature.
7. The method for operating the cryogenic tunnel according to claim 1, wherein the anticipation or retroactive actions is determined by the outputs of the two following matrices governing the actions:
the first group of measured parameters forms an input of a first matrix, this first group being used to trigger anticipation actions; and
the second group of measured parameters forms an input of a second matrix, this second group being used to trigger retroactive actions.
8. The method for operating the cryogenic tunnel according to claim 1, wherein the measurements obtained for one or more parameters of these two groups of parameters making it possible to calculate adjustments to be made to the group of anticipation and/or retroactive action parameters made up of:
a speed of the conveyor,
a speed of the blowers inside the tunnel,
a temperature of the gases coming from the inlet hood,
a temperature of the gases coming from the outlet hood,
a temperature setpoint prevailing inside the tunnel.
9. The method for operating the cryogenic tunnel according to claim 1, wherein the second input of the two matrices being made up of said group of action parameters, and in that values making up the cells of the two matrices have been determined experimentally, each cell of these matrices being made up of a factor establishing a link respectively between a given parameter of the first group and a given anticipation action, and a given parameter of the second group and a given retroactive action.
The limitations above, as drafted, is a process or function that, under its broadest reasonable interpretation, covers performance of the limitation in the mind. For example, taking measurements, dividing parameters, and carrying out action calculations, in the context of this claim encompasses a user thinking about or making manual calculations for taking measurements, dividing parameters, and carrying out action calculations. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claim is not patent eligible.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pub. No. 2004/0237547 to Delpuech.
Claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed (MPEP 2111.04). The claimed condition of “when…” is made optional by the terminology used in the claim does not require the condition or any limitation based on the condition to occur.
It is unclear how the use to “anticipate the future necessary deep-freezing power of the tunnel” has any limiting scope on the “first group made up of measured parameters”. Same for the second group.
It is unclear how the “act in advance on an anticipated/expected deviation in a deep-freezing quality” has any limiting scope on the action or calculation. Same for the second group.
1. A method for operating a cryogenic tunnel in which products to be cooled or deep-frozen circulate, the tunnel being equipped with means for injecting a cryogenic fluid and with means for extracting, at a variable flow rate, all or part of cold gases resulting from vaporization of said fluid in the tunnel, the method comprising:
taking measurements of several parameters (paragraph 58-61, 74, 84-114, 180-183);
dividing the several parameters into two groups of different parameters, wherein a first group made up of measured parameters which is used to anticipate the future necessary deep-freezing power of the tunnel, a second group made up of measured parameters that is used to evaluate a final result of exiting products, which parameters indicate whether the product has been correctly deep-frozen (paragraph 58-61, 65 “control”; paragraphs 74, 84-114, 180-183, e.g., equations/prediction); and
carrying out two types of actions on the parameters: anticipation actions calculated on a basis of values obtained for the parameter or parameters of the first group, in order to act in advance on an anticipated/expected deviation in a deep-freezing quality; and retroactive actions calculated on a basis of a values obtained for the parameter or parameters of the second group, in order to rebalance a measured, effective drift in the quality of the exiting products (paragraph 58-61, 65 “control”; paragraphs 74, 84-114, 180-183, e.g., equations/prediction).
2, 3, 4. The method for operating the cryogenic tunnel according to claim 1, wherein
the first group of parameters comprises at least two parameters from the following parameters:
a temperature of the products entering the tunnel (paragraph 58-61, 74, 84-114, 180-183),
a volumetric flow rate of the products entering the tunnel (paragraph 63-66, claim 65; paragraphs 136-185, 150, 165-166, 173-175),
a mass flow rate of the products entering the tunnel (paragraph 63-66, claim 65; paragraphs 136-185, 150, 165-166, 173-175),
a colour of the products entering the tunnel,
a level of coverage of a conveyor belt supplying the tunnel, or
parameters characterizing the atmosphere surrounding the tunnel in the room: ambient temperature (paragraph 58-61, 74, 84-114, 180-183), ambient humidity and atmospheric pressure; and
said second group of parameters comprises at least two parameters from the following parameters:
a temperature of the products exiting the tunnel (paragraph 58-61, 74, 84-114, 180-183),
a flow rate of cryogen let into the tunnel (paragraph 63-66, claim 65; paragraphs 136-185, 150, 165-166, 173-175),
a temperature of the gases extracted from the tunnel (paragraph 58-61, 74, 84-114, 180-183), typically at two extraction hoods situated at the tunnel inlet and outlet,
a temperature prevailing in the room in the vicinity of these two extraction hoods (paragraph 58-61, 74, 84-114, 180-183),
a hardness of the products exiting the tunnel,
acolour of the products exiting the tunnel, or
a percentage of deep-frozen products that are of the IQF type.
5. The method for operating the cryogenic tunnel according to claim 1, wherein the anticipation action is carried out when the temperature of the products entering the tunnel is high compared with a given setpoint of a target temperature (paragraph 62-68, 173-177, 188-189).
6. The method for operating the cryogenic tunnel according to claim 1, wherein the retroactive action is carried out when the temperature of the products exiting the tunnel is high compared with a given setpoint of a target temperature (paragraph 62-68, 173-177, 188-189).
7. The method for operating the cryogenic tunnel according to claim 1, wherein the anticipation or retroactive actions is determined by the outputs of the two following matrices governing the actions: the first group of measured parameters forms an input of a first matrix, this first group being used to trigger anticipation actions; and the second group of measured parameters forms an input of a second matrix, this second group being used to trigger retroactive actions (paragraph 28, 95, claim 42, 58; paragraph 58-61, 65; paragraphs 74, 84-114, 180-183).
8. The method for operating the cryogenic tunnel according to claim 1, wherein the measurements obtained for one or more parameters of these two groups of parameters making it possible to calculate adjustments to be made to the group of anticipation and/or retroactive action parameters made up of: a speed of the conveyor, a speed of the blowers inside the tunnel, a temperature of the gases coming from the inlet hood, a temperature of the gases coming from the outlet hood, a temperature setpoint prevailing inside the tunnel (paragraph 62-68, 173-177, 188-189).
9. The method for operating the cryogenic tunnel according to claim 1, wherein the second input of the two matrices being made up of said group of action parameters, and in that values making up the cells of the two matrices have been determined experimentally, each cell of these matrices being made up of a factor establishing a link respectively between a given parameter of the first group and a given anticipation action, and a given parameter of the second group and a given retroactive action (paragraph 28, 95, claim 42, 58; paragraph 58-61, 65; paragraphs 74, 84-114, 180-183).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN P SHECHTMAN whose telephone number is (571)272-3754. The examiner can normally be reached 9:30am-6:00pm, M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Kraig can be reached at 571-272-8660. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Sean Shechtman/ Primary Examiner, Art Unit 2896
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