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 .
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.
Claims 19 and 27-30 are 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. Claim 19 is construed to be indefinite because the recitation “the corresponding heat exchanger fluid” lacks a positive antecedent basis. Claims 27 and 28 are construed to be indefinite because the recitations and “the second fluid exchange loop” (plural occurrences in claim 28) and/or “the freeze draying” lacks a positive antecedent basis and is unclear as to the meaning of “draying” (examiner will construed that term to be a typographical substitution for “drying” and examine the application accordingly). Since claims 20-30 depend upon an indefinite claim, those claims are construed to be indefinite by dependency. Claims 29-30 and 32-33 are further construed to be indefinite because the recitations “the step” lacks a positive antecedent basis.
Allowable Subject Matter
Claims 18-30 are allowable over the prior art of record because the freeze drying system and method thereof with all the independently claimed feature including a first and second heat exchange fluid loop, freeze drying chamber, turbo compressor cooling system and cold thermal energy storage system is not found in the prior art either singly or in combination.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Other prior art references cited with this action may teach one or more claim features, but do not rise to a level of anticipation, obviousness, and/or double patenting such that a rejection would be proper and reasonable under current Office procedure and practice. References A, B, C, cited with this action, are patent publications from the same inventive entity as the current application. References D, E, F, G, H, I, J, K, L, M, N, O, P, cited with this action, teach freeze drying systems and methods thereof.
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Tuesday, March 10, 2026
/STEPHEN M GRAVINI/Primary Examiner, Art Unit 3753