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 without traverse of Group I in the reply filed on 11/12/2025 is acknowledged.
Claims 15-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/12/2025.
Specification
The disclosure is objected to because of the following informalities:
[0020] of instant publication application recites “The system for preparing the instant rice of the present application may further include a raw ingredient filling unit that fills the container with raw ingredients before the sterilizing unit. The raw ingredient filling unit may fill each container with each type of raw ingredients, or may fill the container after mixing two or more raw ingredients. The raw ingredient filling unit may include a measuring device, and the raw ingredients in one container amount may be measured by weight or volume and distributed to each container by the measuring device”.
However, it is unclear what structure(s) constitute the raw ingredient filling unit in order to perform the functional language (i.e., fills the container with raw ingredients). It is unclear what structure constitute a measuring device.
[0021] of instant publication application recites in the system for preparing the instant rice of the present application, the sterilizing unit may perform pressurized steam sterilization in a vacuum state with respect to a container filled with the raw ingredients by the raw ingredient filling unit, or a container filled with the raw ingredients through a separate process. The container filled with the raw ingredients may be transferred to the sterilizing unit by a conveyor. The sterilizing unit may include a vacuum pump for forming a vacuum state, and the vacuum pump may be controlled by a vacuum valve. The sterilizing unit may include a device for injecting air, and the pressure within the sterilizing unit may be controlled by the injected air. Steam generated from a steam generator may be injected into the sterilizing unit. The steam is clean steam in a sterilized state, and the raw ingredients filled in the container are sterilized by high-temperature steam. After the sterilization by steam is performed, the steam is converted to the form of water and may remain in the sterilizing unit, so that the sterilizing unit may include a drain unit for discharging the water generated by converting the steam. The sterilizing unit may sequentially perform vacuum, steam sterilization, reduced pressure, and vacuum cooling. The container filled with the raw ingredients that have been sterilized by the sterilizing unit may be moved through the conveyor to a tunnel-shaped booth where sterile conditions are maintained.
However, it is unclear what structure constitutes a drain unit.
[0028] of instant publication application recites “in the system for preparing the instant rice of the present application, the sterilized raw ingredients may be moved from the sterilizing unit to the sealing unit while maintain the sterile conditions”.
However, it is unclear what structure move the sterilized raw ingredients from the sterilizing unit to the sealing unit. [0021] only states “The container filled with the raw ingredients that have been sterilized by the sterilizing unit may be moved through the conveyor to a tunnel-shaped booth where sterile conditions are maintained.” But this paragraph does not teach or suggest using conveyor to a tunnel shaped booth for moving ingredients from the sterilizing unit to a sealing unit.
[0029] of instant publication application recites “The filling unit performs the addition of sterilized water or sterilized sauce to the sterilized raw ingredients. The raw ingredients sterilized by the sterilizing unit are moved to the filling unit while filled in the container and maintained under the sterile conditions, but the filling unit adds the water or sauce to the raw ingredients. The filling unit may include a device for holding the water or sauce. In addition, the filling unit may include a measuring device, and the water or sauce in one container amount may be measured by weight or volume and distributed to each container by the measuring device. After water is added, the filling unit may add water so that the amount of water becomes an amount of 30 parts by weight to 120 parts by weight based on 100 parts by weight of raw ingredients, specifically 30 parts by weight to 110 parts by weight, 40 parts by weight to 105 parts by weight, 50 parts by weight to 100 parts by weight, 60 parts by weight to 95 parts by weight, or 70 parts by weight to 90 parts by weight. When the sterilized sauce is added, the sterilized water and the sterilized sauce may be added together or only the sterilized sauce may be added. The sauce may be a liquid sauce and may vary depending on a type or characteristics of the instant rice to be prepared, and for example, the sauce may include soy sauce, garlic, green onions, sugar, salt, sesame oil, honey, or combinations thereof. The amount of the water or sauce may be appropriately controlled in consideration of the taste and quality of the instant rice to be implemented in the final instant rice product, and may be controlled in consideration of the amount of water or sauce that is heated and evaporated in the subsequent heating unit. The measured water or sauce may be filled by a liquid filling nozzle of the filling unit. The filling unit may further include a device for injecting inert gas into the container filled with the raw ingredients, and the inert gas may be filled by a gas filling nozzle.”
However, it is unclear as to how the sterilizing unit (RIC) apparatus move to the filling unit. It is unclear if raw ingredients moved by user or mechanical device? It is unclear what structure constitutes a device for holding water or sauce. It is unclear what structure constitutes a measuring device. It is unclear what structure constitutes the filling unit for adding water.
[0034] of instant publication application recites “the sealing unit may perform a process of attaching the lid material to the container added with the water or sauce. The sealing unit may further include a device for injecting inert gas into the container filled with the raw ingredients. In addition, the sealing unit may bring a lid material into contact with an open side of the container filled with the raw ingredients that is transferred through the conveyor, and then attach the lid material and the container. The attachment may be performed using heat, adhesive, or pressure, but is not limited thereto, and any method may be used as long as it is commonly used to seal processed foods to prevent microorganisms or foreign substances from being introduced from the outside. The sealing unit may include a heating device, a device for holding an adhesive, a device for applying an adhesive to a portion of the lid material or the container, or a device for applying pressure to a contact portion between the lid material and the container, depending on the attachment method between the lid material and the container. After the lid material and the container are sealed by the sealing unit, external foreign substances or microorganisms may not be introduced into the container by a natural method, so that microbial contamination is able to be controlled, and sterile conditions is not to be necessarily maintained after the sealing. The container and the lid material used in the system for preparing the instant rice of the present application may be used without limitation in shape, material, size, etc., as long as the container and the lid material may be commonly used in the preparation of processed food, and may be a container and a lid material that are not deformed or damaged even by the heating unit to be subsequently performed. For example, the lid material may be a lead film, but is not limited thereto.
However, it is unclear what structure constitutes “the sealing unit” to bring lid material into contact with an open side of the container. It is unclear what structure constitutes “a device for holding an adhesive, a device for applying an adhesive to a portion of the lid material or the container, or a device for applying pressure to a contact portion between the lid material and the container”.
[0044] of instant publication application recites “the system for preparing the instant rice of the present application may further include an immersing unit for immersing the raw ingredients in water. The immersing unit may be included before the sterilizing unit, and specifically may be included to immerse the raw ingredients in water before the raw ingredient filling unit. The immersing unit may include a device for holding water for immersing the raw ingredients, and may include a device for adding the water to the raw ingredients through a liquid filling nozzle. The water is used preferably with sterilized water, but considering subsequent sterilization by the sterilizing unit, general drinking water may be used instead of using strictly sterilized water. The immersing unit may include a measuring device, and perform the immersion for 20 to 80 minutes by measuring the amount of immersion water by the measuring device to add 200 to 300 parts by weight of water based on 100 parts by weight of the entire raw ingredients, but is not limited thereto. The immersing process by the immersing unit may be performed in the same manner as the process of soaking grains in water when generally cooking and preparing rice. The immersing unit may further include a device for immersing the raw ingredients for a certain period of time and then discharging and removing the immersion water. The draining process may be to completely discharge the water in the container, or to discharge 0 to 10 parts by weight of water based on 100 parts by weight of raw ingredients to be filled together in the container.
However, it is unclear what structure constitutes an immersing unit for immersing the raw ingredients in water. It is unclear what structure constitutes a measuring device. It is unclear what structure constitutes a device for immersing the raw ingredients for a certain period of time and then discharging and removing the immersion water.
[0045] of instant publication application recites “The system for preparing the instant rice of the present application may further include a cooling unit and/or drying unit. The cooling unit may be located downstream of the heating unit and may cool the heated instant rice container using cooling water or natural wind, but is not limited thereto. The cooling unit may include a cooling water injection device or a natural wind generator. The drying unit may dry the instant rice container using a warm air generator or by leaving at room temperature, but is not limited thereto”.
However, it is unclear what structure constitutes drying unit.
[0046] of instant publication application recites “the system for preparing the instant rice of the present application may further include an inspection and selection unit. The inspection and selection unit may inspect whether foreign substances are mixed into the sealed container or perform a weight test of the container. The inspection and selection unit may include a device that separates instant rice that passed a test result standard from instant rice that did not pass the test result standard to be moved to a separate space.”
However, it is unclear what structure constitutes an inspection and selection unit. it is unclear what structure constitutes a device that separates instant rice.
[0047] of instant publication application recites “the system for preparing the instant rice of the present application may further include a packaging unit. The packaging unit may package one or more final instant rice products with separate packaging materials, and may, for example, perform a process of putting a certain number of instant rice into one box”.
However, it is unclear what structure constitutes a packaging unit
Appropriate correction is required.
Claim Objections
Claims 1-14 are objected to because of the following informalities:
Claim 1 recites “a sterilizing unit for sterilizing raw ingredients filled in a container with a pressurized steam in a vacuum state”. However, it is unclear if the sterilizing unit or the container is in a vacuum state. Upon reviewing the specification, it appears the sterilizing unit is used to perform pressurized steam sterilization in a vacuum state [0021] of instant publication application. Examiner suggest to further amend the claim to be consistent with the specification.
Appropriate correction is required.
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
“a sterilizing unit for sterilizing raw ingredients filled in a container with a pressurized steam in a vacuum state; a filling unit for adding sterilized water or sterilized sauce to the sterilized raw ingredients; a sealing unit for sealing a container added with the water or sauce; and a heating unit for heating the sealed container at a temperature of 90°C to 125°C.” (claim 1. However, nothing in any of drawings show the sterilizing unit, filling unit, sealing unit and heating unit). For examples, figs.1-2 show the bowl with food ingredient.
“sterilizing unit comprises a RIC sterilization device” (claim 4. However, nothing in the drawing show this feature).
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.
The drawings are objected to under 37 CFR 1.83(a) because they fail to show
Any structures (hence, i.e., a sterilizing unit, filling unit, a sealing unit, a heating unit and an immersing unit, a cooling unit and/or drying unit, etc.) as mentioned in the specification do not show in the drawings.
How the structures (hence, i.e., a sterilizing unit, filling unit, a sealing unit, a heating unit and an immersing unit, a cooling unit and/or drying unit, etc.) in connection with each other and/or work together.
as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). 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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a sterilizing unit for sterilizing raw ingredients filled in a container with a pressurized steam in a vacuum state” in claim 1.
“a filling unit for adding sterilized water or sterilized sauce to the sterilized raw ingredients” in claim 1.
“a sealing unit for sealing a container added with the water or sauce” in claim 1.
“a heating unit for heating the sealed container at a temperature of 90C to 125C”.
“an immersing unit for immersing the raw ingredients in the water” in claim 14.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
“a sterilizing unit” (claim 1) is interpreted as “The sterilizing unit may include a vacuum pump for forming a vacuum state, and the vacuum pump may be controlled by a vacuum valve. The sterilizing unit may include a device for injecting air, and the pressure within the sterilizing unit may be controlled by the injected air … the sterilizing unit may include a drain unit for discharging the water generated by converting the steam. The sterilizing unit may sequentially perform vacuum, steam sterilization, reduced pressure, and vacuum cooling. The container filled with the raw ingredients that have been sterilized by the sterilizing unit may be moved through the conveyor to a tunnel-shaped booth where sterile conditions are maintained … The sterilizing unit may include a RIC sterilization device…” [0021] [0024] of instant publication application. However, it is unclear what structure constitutes a device for injecting air and a drain unit.
“a filling unit” (claim 1) is interpreted as “The filling unit may include a device for holding the water or sauce. In addition, the filling unit may include a measuring device, and the water or sauce in one container amount may be measured by weight or volume and distributed to each container by the measuring device. After water is added, the filling unit may add water so that the amount of water becomes an amount of 30 parts by weight to 120 parts by weight based on 100 parts by weight of raw ingredients”. [0029] of instant publication application. However, it is unclear as what structure constitutes a measuring device and structure of filling unit that adds water.
“a sealing unit” (claim 1) is interpreted as “[0034] The sealing unit may perform a process of attaching the lid material to the container added with the water or sauce. The sealing unit may further include a device for injecting inert gas into the container filled with the raw ingredients. In addition, the sealing unit may bring a lid material into contact with an open side of the container filled with the raw ingredients that is transferred through the conveyor … The sealing unit may include a heating device, a device for holding an adhesive, a device for applying an adhesive to a portion of the lid material or the container, or a device for applying pressure to a contact portion between the lid material and the container, depending on the attachment method between the lid material and the container.” [0034] of instant publication application. However, it is unclear what structure constitutes a device for injecting inert gas. It is unclear what structure constitutes the sealing unit for bring a lid material into contact with an open side of the container. It is unclear what structure constitutes a heating device, a device for holding an adhesive and a device for applying an adhesive to a portion of the lid material or the container.
“a heating unit” (claim 1) is interpreted as “The heating unit may include a retort sterilization device.” [0041] instant publication application.
“an immersing unit” (claim 14) is interpreted as “a device for holding water for immersing the raw ingredients, and may include a device for adding the water to the raw ingredients through a liquid filling nozzle … The immersing unit may include a measuring device … The immersing unit may further include a device for immersing the raw ingredients for a certain period of time and then discharging and removing the immersion water.”. It is unclear what structures constitute a device for holding water, a measuring device and a device for immersing the raw ingredients for a certain period of time and then discharging and removing the immersion water.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-14 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 1 recites “a system for preparing instant rice, comprising: a sterilizing unit for sterilizing raw ingredients filled in a container with a pressurized steam in a vacuum state; a filling unit for adding sterilized water or sterilized sauce to the sterilized raw ingredients; a sealing unit for sealing a container added with the water or sauce; and a heating unit for heating the sealed container at a temperature of 90°C. to 125°C”. As described above, the disclosure does not provide adequate structure to perform the claimed function of “for sterilizing raw ingredients filled in a container with a pressurized steam in a vacuum state”, “for adding sterilized water or sterilized sauce to the sterilized raw ingredients” and “for sealing a container added with the water or sauce”. The specification does not demonstrate that applicant has made an invention that achieves the claimed function of “for sterilizing raw ingredients filled in a container with a pressurized steam in a vacuum state”, “for adding sterilized water or sterilized sauce to the sterilized raw ingredients” and “for sealing a container added with the water or sauce” because the invention is not described with sufficient detail that one of ordinary skill in the art can reasonably conclude that the inventor has possession of the claimed invention. For example: It is not understood as to how the sterilizing unit includes a device for injecting air and a drain unit for sterilizing raw ingredients. How the sealing unit seal container; how sealing unit bring a lid material into contact with an open side of the container when raw ingredients transferred through the conveyor [0034] (hence, what structures constitutes sealing unit in order to seal the container?).
Claim 14 recites “an immersing unit for immersing the raw ingredients in the water”. As described above, the disclosure does not provide adequate structure to perform the claimed function of “immersing the raw ingredients in the water”. The specification does not demonstrate that applicant has made an invention that achieves the claimed function of “immersing the raw ingredients in the water” because the invention is not described with sufficient detail that one of ordinary skill in the art can reasonably conclude that the inventor has possession of the claimed invention.
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 1-14 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 1 recites “a sterilizing unit for sterilizing raw ingredients filled in a container with a pressurized steam in a vacuum state”. It appears the sterilizing unit or the container is in a vacuum state. If a claim is subject to more than one interpretation, at least one of which would render the claim unpatentable over the prior art, the examiner should reject the claim as indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph (see MPEP § 2175) and should reject the claim over the prior art based on the interpretation of the claim that renders the prior art applicable. MPEP 2143.03, I. In this case, “the container is in a vacuum state” based on the interpretation of the claim that renders the prior art applicable.
Claim 1 recites “a sterilizing unit for sterilizing raw ingredients filled in a container with a pressurized steam in a vacuum state”. However, [0021] of instant publication application recites the sterilizing unit may include a vacuum pump for forming a vacuum state, and the vacuum pump may be controlled by a vacuum valve. The sterilizing unit may include a device for injecting air … the sterilizing unit may include a drain unit for discharging the water generated by converting the steam. However, it is unclear what structures constitute a device for injecting air and a drain unit. It is unclear what structures constitute a drain unit for discharging the water generated by converting the steam.
Claim 1 recites “a sealing unit for sealing a container added with water or sauce”. However, it is unclear what structure constitutes a sealing unit. For example: [0034] The sealing unit may perform a process of attaching the lid material to the container added with the water or sauce. The sealing unit may further include a device for injecting inert gas into the container filled with the raw ingredients. In addition, the sealing unit may bring a lid material into contact with an open side of the container filled with the raw ingredients that is transferred through the conveyor … The sealing unit may include a heating device, a device for holding an adhesive, a device for applying an adhesive to a portion of the lid material or the container, or a device for applying pressure to a contact portion between the lid material and the container, depending on the attachment method between the lid material and the container.” [0034] of instant publication application. it is unclear what structure constitutes a device for injecting inert gas. It is unclear what structure constitutes the sealing unit for bring a lid material into contact with an open side of the container. It is unclear what structure constitutes a heating device, a device for holding an adhesive and a device for applying an adhesive to a portion of the lid material or the container.
Claim 1 recites “a filling unit for adding sterilized water or sterilized sauce to the sterilized raw ingredients”. It is unclear what structures constitutes the filling unit For example: a filling unit may include a device for holding the water or sauce. In addition, the filling unit may include a measuring device, and the water or sauce in one container amount may be measured by weight or volume and distributed to each container by the measuring device. After water is added, the filling unit may add water so that the amount of water becomes an amount of 30 parts by weight to 120 parts by weight based on 100 parts by weight of raw ingredients”. [0029] of instant publication application. However, it is unclear as what structure constitutes a measuring device, a device for holding water.
Claim 5 recites “a cooking unit”. It is unclear what structure consider as cooking unit.
Claim 6 recites “the cooking unit performs heating to a temperature of 90 C to 120C”. However, claim 6 depends on claim 5. Claim 5 recites “the system does not comprise a cooking unit”. Then, claim 6 conflicts with claim 5. As best understood, the system of the present application may not include the cooking unit (para.0035). For examining purpose, the above claim limitation has been interpreted as “said cooking unit does not include in said system”.
Claim 14 recites “an immersing unit for immersing the raw ingredients in the water”. It is unclear what structures constitute a device for holding water, a measuring device and a device for immersing the raw ingredients for a certain period of time and then discharging and removing the immersion water.
Claim Rejections - 35 USC § 102
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 and 9-10 is/are rejected under 35 U.S.C. 102 a1 as being anticipated by Li et al. (US 2015/0223627).
Regarding claim 1, Li et al. discloses “a system” (abstract and fig.1) “for preparing instant rice” (intended use), comprising:
“a sterilizing unit” ([0023], i.e., an inlet 3 in a wall of the pressure vessel for receiving steam from a steam source. Examiner noted that the sterilizing unit refers to a pump 4, the pump line 24, the inlet structure (fig.2, 3)) “for sterilizing raw ingredients filled in a container with a pressurized steam in a vacuum state” (functional language. Examiner noted that “raw ingredients filled in a container in a vacuum state” as workpiece intended to be used with sterilizing unit but not part of the system. MPEP 2115. Fig.2, the sterilizing unit supply pressurized steam for sterilizing workpiece);
“a filling unit” (water tank 11) “for adding sterilized water or sterilized sauce to the sterilized raw ingredients” (functional language);
“a sealing unit” (18) “for sealing a container added with the water or sauce” (the lid 18 seal the top region of the container); and
“a heating unit” (6) “for heating the sealed container at a temperature of 90°C to 125°C” (functional language. When water transfer to steam requires 100 °C which is between the claimed range).
Regarding claim 9, Li et al. discloses “the raw ingredients have the number of microorganisms of 102 cfu/ml to 108 cfu/ml in the raw ingredients before sterilization” (MPEP 2115, i.e., Claim analysis is highly fact-dependent. A claim is only limited by positively recited elements. Thus, "[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims.". In this case, raw ingredients is considered as article worked upon by a structure being claimed does not impart patentability to the claims.).
Regarding claim 10, Li et al. discloses “the raw ingredients comprise at least one selected from the group consisting of grains, beans, mushrooms, root and tuber crops, bulbs, seasoned vegetables, fruits/seeds, meat, fish, and eggs” (MPEP 2115, i.e., Claim analysis is highly fact-dependent. A claim is only limited by positively recited elements. Thus, "[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims.". In this case, raw ingredients is considered as article worked upon by a structure being claimed does not impart patentability to the claims.).
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) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US 2015/0223627) in view of OH (WO 2008146166).
Regarding claim 2, Li et al. discloses the sterilizing unit performs a sterilization with steam at a temperature for a duration.
Li et al. is silent regarding 120°C to 140°C for 1 minute to 10 minutes.
OH teaches “120°C to 140°C for 1 minute to 10 minutes” (on page 5, i.e., steam sterilization, typically about 3 to about 4 minutes). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Li et al. with OH, by modifying Li et al.’s sterilization with steam temperature and duration according to OH’s sterilization with steam temperature and duration, to provide desired temperature and duration of sterilization (on page 5) as taught by OH.
Regarding claim 3, Li et al. discloses the sterilizing unit performs the sterilization by repeatedly injecting steam of a temperature into the sterilized container for a duration.
Li et al. is silent regarding a temperature of injecting steam of 140°C to 155°C for 5 times to 10 times for 3 seconds to 10 seconds.
OH teaches “a temperature of injecting steam of 140°C to 155°C” (The steam temperature is suitably from about 100°C to about 160°C) for a number of times for a duration (on page 5, i.e., Steam injection may be intermittent or continuous). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Li et al. with OH, by modifying Li et al.’s sterilization with steam temperature and duration according to OH’s sterilization with steam temperature and duration, to provide desired temperature and duration of sterilization (on page 5) as taught by OH.
OH teaches inject steam intermittently for a duration such as
about 20 seconds to about 1 minute (on page 5). However, OH is silent regarding the inject steam for a number of times for a duration for 5 times to 10 times for 3 seconds to 10 seconds. However, it would have been an obvious routine optimization with prior art conditions or through routine experimentation to one of ordinary skill in the art to modify Li et al. with OH, by adjusting steam duration and the number of times for injecting steam. Examiner noted that to further adjust OH’s steam duration and the number of times for inject steam has been held to involve only routine skill in the art (MPEP 2144.04).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US 2015/0223627) in view of Nonaka (EP 3936334 A1)
Regarding claim 4, Li et al. discloses the sterilizing unit.
Li et al. is silent regarding the sterilizing unit comprises a RIC sterilization device.
Nonaka teaches “RIC sterilization device” (on page 27, i.e., It should be noted that deaeration performed before steam introduction, sterilization by introduced steam, pressure reduction after the sterilization, and filling of sterile gas as described above can be collectively performed using a known apparatus such as a rapid preparation sterilizer RIC(manufactured by Hisaka Works Ltd.)). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Li et al. with Nonaka, by adding Nonaka’s sterilization device to LI et al.’s system, to packaging container (abstract) as taught by Nonaka.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US 2015/0223627) in view of Lemley (US 2007/0256573)
Regarding claim 14, Li et al. discloses all the features of claim limitations as set forth above except for an immersing unit for immersing the raw ingredients in the water.
Lemley teaches “an immersing unit for immersing the raw ingredients in the water” (abstract, i.e., The food substance is placed between the plates and the tab 19 is pushed downwardly forcing the frame 21 against a spring assembly (not shown) and immersing the food substance into the liquid). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Li et al. with Lemley, by adding Lemley’s an immersing unit to Li et al.’s system, to facilitate holding raw ingredients inside the container, to allows a user to easily submerge a food substance into a liquid in a container and to quickly retrieve it (para.0012) as taught by Lemley.
Allowable Subject Matter
The allowability cannot be determined with respect to claims 5-8, 11-14 due to 35 USC 112 1st, 35 USC 112 2nd, drawing objections and specification objections above.
Conclusion
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/JIMMY CHOU/Primary Examiner, Art Unit 3761