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 § 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.
(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.
Claims 1-3, 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Newman [US 2009/0311392A1].
Newman teaches a method for decontamination and detoxification of nuts (title) by applying UV light to the nuts (page 13, claim 1), applying an acid wash (page 13, claim 1), the nuts being almonds, pecans, peanuts, walnuts, and/or pistachios (paragraph 0055), and a reduction or elimination of aflatoxin (paragraph 0055).
Claims 1-2, 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dalmasso et al [Pat. No. 5,460,845].
Dalmasso et al teach a method for food decontamination (title) by treating nuts with hydrogen peroxide vapor (abstract), the contaminants including Aspergillus (column 4, line 43), and treatment of walnuts (column 4, line 62).
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shuman et al [US 2004,0052702A1].
Shuman et al teach method for food product surface sterilization (title) by treatment with a germicidal such as ozone and/or UV light (page 32, claim 17-18), the food being nuts (page 32, claim 25), and a reduction of Aspergillus flavus (page 16, Table 2).
Claims 1-5, 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shen et al [Decomposing Aflatoxins in Peanuts Using Advanced Oxidation Process by UV and H2O2].
Shen et al teach a method for Decomposing Aflatoxins in Peanuts Using Advanced Oxidation Process by UV and H2O2 (title) and the combination of known treatments (ie UV and peroxide) providing a synergistic effect on aflatoxin reduction (page 1656, Conclusions).
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.
Claims 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Shuman et al as applied above, and further in view of Shen et al.
Shuman et al teach the abovementioned concepts and components, as well as using up to four treatments including UV light and ozone (page 32, claim 17-18). Shuman et al do not explicitly recite using peroxide (claim 6-9). Shen et al teach a method for Decomposing Aflatoxins in Peanuts Using Advanced Oxidation Process by UV and H2O2 (title) and the combination of known treatments (ie UV and peroxide) providing a synergistic effect on aflatoxin reduction (page 1656, Conclusions). It would have been obvious to one of ordinary skill in the art to incorporate the claimed peroxide treatment into the invention of Shuman et al, in view of Shen et al, since both are directed to methods of decontaminating foods, since Shuman et al already included using up to four germicidal treatments including UV light and ozone (page 32, claim 17-18) but simply did not mention peroxide specifically, since the combination of UV light and peroxide provided a synergistic effect on aflatoxin reduction (page 1656, Conclusions) as shown by Shen et al, since using further treatment modes (ie peroxide) in the method of Shuman et al would have better ensured reduction/elimination of harmful pathogens and/or toxins which might otherwise survive treatment with only UV and ozone, and since a more effective and/or efficient process for decontamination would have enabled a safer product for the consumer of Shuman et al, in view of Shen et al.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DREW E BECKER whose telephone number is (571)272-1396. The examiner can normally be reached 8am-5pm Monday-Friday.
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/DREW E BECKER/Primary Examiner, Art Unit 1792
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