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 § 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) and US 4782627 (Hauk).
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. The newly added limitation requires that the wick is configured to extract moisture from the cavity whilst the cavity is in a closed state. Hauk discloses the use of a wick for moving water (moisture) from inside a closed container to outside the closed container, thus indicating that the basic structure of a wick is configured such that it is capable of moving water/moisture from a closed container. Based upon the disclosure of KR ‘252 and Hauk, movement of moisture from the inside of a container via a wick is known and further that it is known to move moisture from a closed container. Thus, it would have been obvious to one of ordinary skill to use a wick for removal of moisture from the container of Sequine based upon the known functionality of removing moisture from inside a container via a wick as demonstrated by KR ‘252 which also uses it in the context of fermentation and Hauk which demonstrates the same functionality but with a closed container. One of ordinary skill would have a reasonable expectation of removing moisture based upon the functionality disclosed by KR ‘252 and Hauk and thus expect to have success in removing the moisture. Moreover, Sequine discloses that it is known to remove the sweatings/moisture from a container used for fermentation and using the wick removal would eliminate the need to open the container.
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) and US 4782627 (Hauk).
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. The newly added limitation requires that the wick is configured to extract moisture from the cavity whilst the cavity is in a closed state. Hauk discloses the use of a wick for moving water (moisture) from inside a closed container to outside the closed container, thus indicating that the basic structure of a wick is configured such that it is capable of moving water/moisture from a closed container. Based upon the disclosure of KR ‘252 and Hauk, movement of moisture from the inside of a container via a wick is known and further that it is known to move moisture from a closed container. Thus, it would have been obvious to one of ordinary skill to use a wick for removal of moisture from the container of Sequine based upon the known functionality of removing moisture from inside a container via a wick as demonstrated by KR ‘252 which also uses it in the context of fermentation and Hauk which demonstrates the same functionality but with a closed container. One of ordinary skill would have a reasonable expectation of removing moisture based upon the functionality disclosed by KR ‘252 and Hauk and thus expect to have success in removing the moisture. Moreover, Sequine discloses that it is known to remove the sweatings/moisture from a container used for fermentation and using the wick removal would eliminate the need to open the container.
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) and US 4782627 (Hauk) as applied to claim 21 above and further in view of EP 0071365 (Wilde).
Sequine, Aeler or Merck, and KR ‘252 and Hauk 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.
Response to Arguments
Applicant’s amendments have overcome the 112(b) rejections of record.
Applicant's arguments filed 07/15/2026 regarding the 103 rejections have been fully considered but they are not persuasive.
Applicant argues that KR ‘252 does not disclose or suggest the claimed wicking limitation or using a wick to regulate at least one climate condition in the closed cavity to remove moisture from any container. Applicant argues that the wick of KR ‘252 bridges two open containers drawing nutrient liquid by capillary action from the storage container into the cultivation container to supply moisture to the mushroom spawn. Applicant further argues that KR ‘252 does not remove moisture to regulate at least one climate condition in the closed cavity and there is no teaching that a person of ordinary skill could extract and apply to Sequine’s fermentation container to arrive at the claim limitation.
This argument is not persuasive. Sequine recognizes that removal of moisture is performed by opening the container to empty the sweatings (moisture) formed during fermentation. KR ‘252 is relied upon to demonstrate that a wick is a known structure for movement of moisture and shows movement of moisture from the inside of a container and the moisture is fermentation broth. While the stated use of the wick in KR ‘252 isn’t for climate control, the capability of the wick in removal of moisture from the inside of a cavity is the same and would have the same effect in Sequine. Moreover, using a wick to remove the moisture eliminates the step of opening the container, thereby preventing the ingress of air into the fermentation container.
Applicant amended claim 17 to include “configured to extract moisture from the cavity whilst the cavity is in a closed state”. Newly cited Hauk shows that moisture movement from a closed container via a wick is also known and establishes a reasonable expectation that whether the container is open or closed, a wick will function to move moisture.
Applicant argues that a sufficient rationale for combining the cited references has not been provided and that the wick in KR ‘252 is not used to remove moisture from an container. However, KR ‘252 is seen to remove water from a container via the wick. Here, water is considered moisture.
Applicant argues that the cited art does not disclose generating location and time data specifically in response to closing of the cavity. The rejections state that the limitations “in response to the closing the cavity” and “in response to opening the cavity” are seen to be obvious as Aeler or Merck disclose 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. Further, Merck is discussed above as providing another example of 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]. Thus, the prior art is seen to obviate recordation or generation of data such as location and time at the point of closing and/or opening the cavity.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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 1723
/Jennifer McNeil/Primary Examiner, Art Unit 1723
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