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
Claims 1, 2, 5, 6, 8, 10, 12, 13 33 and 34 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/07/2026.
Applicant’s election without traverse of Group II, claims 17, 18, 21, 24-26, and 35-36 in the reply filed on 01/07/2026 is acknowledged.
In the election, applicant cancelled claims 1, 2, 5, 6, 8, 10, 12, 13, 33 and 34 (Group I) and also cancelled claims 25 and 36 and added new claims 37 and 38.
Thus, claims 17, 18, 21, 24, 26, 35, 37 and 38 are currently subject to examination.
Claim Objections
Claims 17, 21, 26, and 35 are objected to because of the following informalities:
Claim 17, penultimate line, states “to a remote data receiver any one of more of the location data, time data…”. The phrase “any one of more of the” is awkward and needs correction. Appropriate correction is required.
Claim 17, it is suggested to replace “comprises” with --wherein the at least one climate condition comprises-- before “a moisture quantity which is regulated…”.
Claim 26, each instance of “selected from the group comprising” should have “comprising” replaced with –consisting--.
Claim 35, line 2, after “closed cavity”, it is suggested to insert –further--.
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 17, 18, 21, 24, 26, 35, 37 and 38 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 17 recites “in response to the closing the cavity, on the container, generating location data relating to a geographical location of the container”. The phrase “on the container” is unclear. The claim later recites transferring the data such that it appears the data may be generated not in a physical manner, but rather in the form of a signal. Thus, the phrase “on the container” is unclear.
Claim 21 states “including on the container generating temperature data”. This limitation is unclear for the same reasons given above.
Claim 38 states “in response to opening the cavity, on the container, generating location data…”. This limitation is unclear for the same reasons given above.
Claims dependent upon claim 17 are included.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 17, 18, 21, 24, 37 and 38 are rejected under 35 U.S.C. 103 as being unpatentable over US 2014/0199437 (Seguine) (cited on IDS filed 08/06/2024) in view of WO 2020/058873 (Aeler) (cited on IDS filed 08/06/2024) and KR 101385252 (KR ‘252).
Regarding claims 17, 18, 21, and 24, Sequine discloses methods for micro-fermentation of cocoa allowing quality evaluation on a tree-by-tree basis (abstract) allowing for the assessment of the cocoa attributes of a single cocoa tree at a particular time [0017]. In one embodiment, the method of micro-fermentation of cocoa beans, providing cocoa beans from a single tree (preferably derived from three or fewer cocoa pods from the same tree), placing the beans in an airtight container, removing the air from the container and sealing the airtight container (i.e. placing the seeds in a container and closing the container). In some embodiments the beans are depulped. Alternatively, in other embodiments the beans are non-depulped. Optionally, prior to removing the air from the container the cocoa beans are inoculated with a cocoa starter culture. The cocoa beans are fermented at controlled temperature under anaerobic conditions for a first predetermined period of time (from 12-72 hours). The cocoa sweatings are separated from the cocoa beans at one or more second predetermined periods of times [0017] (regulating at least one climate condition). The cocoa beans are then optionally further fermented at a controlled temperature under aerobic conditions for a second predetermined period of time [0036] (the container must be opened to allow aerobic fermentation).
Sequine does not specifically disclose the limitations regarding generating location and time data; regulating moisture using an elongated wicking element; and transferring data to a remote receiver.
Aeler discloses containers that are suitable for fermentation [0056] wherein the containers include an embedded computing system unit that is configured to monitor in near real-time the container environment and the cargo condition inside [0027]. Types of sensors that can be operatively connected to data processing unit ES include humidity sensors to measure the humidity inside of container 100, pressure sensors to measure the atmospheric air pressure inside container 100, light sensors to measure an intensity of light or illumination inside container 100, for example providing information to detect the status of the door of the container, e.g. whether it is open or closed, an acceleration sensor or inertial measurement unit (IMU), an absolute orientation sensor to determine if the container lies horizontally, or is stacked in a proper orientation with respect to a shipping vehicle such as a truck, container ship, freight train, air transport, door status sensors such as but not limited to position sensors, angular measurement sensors to measure the status of the door 40, or give feedback on how much the door 40 has been opened, GPS or other type of global positioning sensors for providing information on a location of the container [0038]. Aeler also discloses temperature sensing inside the container [0054-0055].
Aeler discloses that it is known to use data processing and sensors to track location and time recordation (real-time communication) of a container. As noted above, Sequine discloses fermenting cocoa tree-by-tree (individual trees) to assess attributes thereof. It would have been obvious to one of ordinary skill to record the geographical location as suggested by Aeler, by recording the particular tree location from which the cocoa beans are harvested, to properly record the pertinent information of the tree itself and its particular location as Sequine clearly discloses that knowing which particular tree from which the cocoa beans are harvested is critical in identification of the tree to screen the tree for flavor development and usefulness in breeding. Thus, knowing the type of tree as well as the particular location of the tree would have been obvious to one of ordinary skill to provide a complete portfolio of information about the tree. Aeler discloses that recordation of a particular geographical location for a container is known and that this information can be transferred in real-time (thus time stamped) via data (to a receiver). The limitations “in response to the closing the cavity” and “in response to opening the cavity” are seen to be obvious as Aeler discloses that it is known to have sensors for detecting closing and openings of containers and a recordation would be taken by the sensor to provide complete data. Furthermore, it would have been obvious to record location of the tree after closure as to do so before would potentially provide premature information that is still subject to change.
Regarding regulating moisture, Sequine that during fermentation sweatings (liquid pulp that drains out of the beans) were collected at various times by opening the bag, removing the net containing the beans and draining the sweatings out of the plastic bag (to simulate the drainage of the sweatings in the fermentation heap) and re-closing the bag [0038, 0046]. Sequine notes that draining can be done during fermentation or after fermentation [0037]. Sequine does not disclose other means for removing the sweating (moisture). KR ‘252 discloses a method for producing fermented mushroom cultivation where the fermentation broth (sweating) is removed via a simple and economical configuration by using a wick (30) made of cotton or non-woven fabric. One of ordinary skill in the art would have found it obvious to use the simple and economical configuration suggested by KR ‘252 of using a wick to remove the sweatings from the fermentation container of Sequine. Sequine discloses that the removal may be during fermentation and using a wick as suggested by KR ‘252 would be capable of removing the sweatings during fermentation without requiring the step of draining.
Regarding claim 37, Sequine discloses the fermentation process is carried out at a controlled temperature that the temperature is regulated such that the temperature mimics what happens in a traditional fermentation heap, box or basket (see Figure 2). It would have been obvious to one of ordinary skill to monitor the temperature of the fermentation at intervals which would be consistent with controlling the temperature within the optimal ranges for fermentation of the cacao beans.
Claim(s) 17, 18, 21, 24, 26, 37 and 38 are rejected under 35 U.S.C. 103 as being unpatentable over US 2014/0199437 (Seguine) (cited on IDS filed 08/06/2024) in view of US 2019/0176154 (Merck) (cited on IDS filed 08/06/2024) and KR 101385252 (KR ‘252).
Regarding claims 17, 18, 21, and 24, Sequine discloses methods for micro-fermentation of cocoa allowing quality evaluation on a tree-by-tree basis (abstract) allowing for the assessment of the cocoa attributes of a single cocoa tree at a particular time [0017]. In one embodiment, the method of micro-fermentation of cocoa beans, providing cocoa beans from a single tree (preferably derived from three or fewer cocoa pods from the same tree), placing the beans in an airtight container, removing the air from the container and sealing the airtight container (i.e. placing the seeds in a container and closing the container). In some embodiments the beans are depulped. Alternatively, in other embodiments the beans are non-depulped. Optionally, prior to removing the air from the container the cocoa beans are inoculated with a cocoa starter culture. The cocoa beans are fermented at controlled temperature under anaerobic conditions for a first predetermined period of time (from 12-72 hours). The cocoa sweatings are separated from the cocoa beans at one or more second predetermined periods of times [0017] (regulating at least one climate condition). The cocoa beans are then optionally further fermented at a controlled temperature under aerobic conditions for a second predetermined period of time [0036] (the container must be opened to allow aerobic fermentation).
Sequine does not specifically disclose the limitations regarding generating location and time data; regulating moisture using an elongated wicking element; and transferring data to a remote receiver.
Merck discloses a vessel for containing various materials and may be made of plastic and have various sizes [0012-0017] and the vessel comprises a device, said device being a sensor or an information storage device or both, and a communication means to transfer data from said vessel to a receiver [0001]. Suitable attachment means for attaching said device to a vessel are not particularly limited and may be selected according to what is most suitable for the respective vessel and device. Non-limiting examples of suitable attachments means may be selected from the group consisting of adhesives (glues), one-sided or two-sided adhesive tapes, clips, Velcro, straps, latches, snaps, string, threaded components (e.g. screws), and any combination of any of these. Alternatively, the device may, for example, be comprised in a sleeve, pocket, casing or housing attached to or comprised in or on said vessel [0021]. The sensor is not particularly limited. Preferably it may be any sensor or any combination of sensors suitable to detect one or more of the properties selected, for example, from the group consisting of weight, mass, filling level, pressure, density, brightness, temperature, location, humidity, movement (motion), orientation, acceleration, capacitance, electromagnetism, radiation, electrical conductivity and thermal conductivity. Another example is a sensor for detecting opening and closing of any closure means comprised in or on said vessel, optionally also recording the respective data and time of such opening and closing, or for recording the time at which any closure means comprised in or on said vessel is opened for the first time, or capable of both, i.e. for detecting opening and closing of any closure means comprised in or on said vessel, optionally also recording the respective data and time of such opening and closing, and also for recording the time at which any closure means comprised in or on said vessel is opened for the first time [0022].
It would have been obvious to one of ordinary skill to record the geographical location as suggested by Merck, by recording the particular tree location from which the cocoa beans are harvested, to properly record the pertinent information of the tree itself and its particular location as Sequine clearly discloses that knowing which particular tree from which the cocoa beans are harvested is critical in identification of the tree to screen the tree for flavor development and usefulness in breeding. Thus, knowing the type of tree as well as the particular location of the tree would have been obvious to one of ordinary skill to provide a complete portfolio of information about the tree. Merck discloses that recordation of a particular geographical location for a container is known and that this information can be transferred (transmitted) in real-time (thus time stamped) via data (to a receiver) [0035, 0037]. The limitation “in response to the closing the cavity” is seen to be obvious as Merck discloses that it is known to have sensors for detecting closing and openings of containers and also recording respective data and time of such opening and closing [0022]. Thus, it would have been obvious to record the location of the tree after closure as Merck discloses that the recordation of the respective data may be at the opening and closing of the vessel.
Regarding regulating moisture, Sequine that during fermentation sweatings (liquid pulp that drains out of the beans) were collected at various times by opening the bag, removing the net containing the beans and draining the sweatings out of the plastic bag (to simulate the drainage of the sweatings in the fermentation heap) and re-closing the bag [0038, 0046]. Sequine notes that draining can be done during fermentation or after fermentation [0037]. Sequine does not disclose other means for removing the sweating (moisture). KR ‘252 discloses a method for producing fermented mushroom cultivation where the fermentation broth (sweating) is removed via a simple and economical configuration by using a wick (30) made of cotton or non-woven fabric. One of ordinary skill in the art would have found it obvious to use the simple and economical configuration suggested by KR ‘252 of using a wick to remove the sweatings from the fermentation container of Sequine. Sequine discloses that the removal may be during fermentation and using a wick as suggested by KR ‘252 would be capable of removing the sweatings during fermentation without requiring the step of draining.
Regarding claim 26, Merck discloses the vessel may comprise a display and the display may include, for example, information on the contents of the vessel, information on their safe handling and hazard data of the contents of the vessel or branding information (e.g. the name of the supplier and/or the supplier's logo). The information on the display can be updated using external input (for example from the system via any communication device present on the vessel) or internal input (for example from the one or more sensors and/or a timer comprised in the device). The advantages of such a display can be seen in more easily allowing to re-label such vessels to accommodate, for example, the need to use different branding names in different markets or countries, updated regulatory information, and the displaying of the information in a language adapted to the respective location of such vessel [0067]. This disclosure is seen to obviate recording on a database information regarding the container and the party in possession of the container. Merck discloses that the information on the display may be updated via external input which is taken to mean an external source of information and may change. The branding is taken as an identity information of a party. Data regarding the container information is discussed above.
Regarding claim 37, Sequine discloses the fermentation process is carried out at a controlled temperature that the temperature is regulated such that the temperature mimics what happens in a traditional fermentation heap, box or basket (see Figure 2). It would have been obvious to one of ordinary skill to monitor the temperature of the fermentation at intervals which would be consistent with controlling the temperature within the optimal ranges for fermentation of the cacao beans.
Claim 35 is rejected under 35 U.S.C. 103 as being unpatentable over US 2014/0199437 (Seguine) (cited on IDS filed 08/06/2024) in view of WO 2020/058873 (Aeler) (cited on IDS filed 08/06/2024) OR US 2019/0176154 (Merck) (cited on IDS filed 08/06/2024) and KR 101385252 (KR ‘252) as applied to claim 21 above and further in view of EP 0071365 (Wilde).
Sequine, Aeler or Merck, and KR ‘252 do not disclose regulating the pressure using a pressure relief valve. Wilde discloses a brewing kit comprising a container for fermenting, wherein the container is in the form of a bag and may be fitted with a pressure relief valve 20,21) (abstract). Generally, during fermentation, pressure increases due to the formation of gas during the fermentation reactions. Wilde discloses that a vent should preferably be in the form of a valve which opens when the internal pressure exceeds a desirable pressure so that gas is allowed out and then closes, preventing further gas release, when the pressure has fallen back to an acceptable level. It would have been obvious to one of ordinary skill in the art to provide the fermentation bag of Sequine with a pressure relief valve as suggested by Wilde to allow for release of any gas buildup during fermentation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER C MCNEIL whose telephone number is (571)272-1540. The examiner can normally be reached M-F 9-5.
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JENNIFER C. MCNEIL
Primary Examiner
Art Unit 1793
/Jennifer McNeil/ Primary Examiner, Art Unit 1793