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Claims 6-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/14/26.
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 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Harris [US 4,987,745] in view of Holm et al [US 2020/0275671A1].
Harris teaches a method for controlled environment transportation of respiring comestibles (title) comprising a storage unit holding respiring comestibles (column 2, line 5; column 1, line 47), preventing degradation of the comestibles due to respiration during transport (column 2, line 1), repeatedly measuring and comparing gas concentrations of O2 and CO2 over time (column 2, lines 14-28; Figure 2), the gas detectors are read by a microprocessor approximately once every second and a running average is calculated (column 5, line 4), the maintained O2 range being 1-10% and the maintained CO2 range being 0-10% (column 16, claim 4), performing an action if the measured gas concentrations are outside preselected threshold values (column 3, line 53 to column 4, line 68; Figure 2).
Harris does not explicitly recite monitoring a respiration rate (claim 1), an accumulated respiration rate (claim 2), reducing temperature, reducing O2, increasing CO2, reducing ethylene, or adding ethylene blocker (claim 4), and modify a delivery parameter or cargo claim forecast (claim 5).
Holm et al teach a method for holding vegetable produce in a controlled atmosphere (title) comprising a first step of maintaining a steady atmosphere and temperature state without ripening, a second step of initiating ripening , and a third step of slowing the ripening by reducing temperature and/or modifying the atmosphere (paragraph 0086); a storage unit (Figure 1, #1), the produce being an in an initially unripened state and then exhibiting an onset of ripening as indicated by an increase in measured respiration rate (Figure 2, #20-21; paragraph 0006, 0178-0179), measurement of an accumulated respiration rate (Figure 3; paragraph 0183), determining ripening status by measuring CO2 respiration rate (Figure 4, #403), halting or slowing the ripening process when a predetermined ripening stage has been achieved by switching to a transport temperature and controlled atmosphere conditions (Figure 4, #405-406), slowing the ripening rate by use of low O2 and high CO2 concentrations (paragraph 0090), the controlled atmosphere being 1-10% O2 and 0-10% CO2 (paragraph 0091), controlling the rate of ripening based upon the estimated time of arrival of the shipment (paragraph 0092), use of an ethylene blocking agent to further delay ripening (paragraph 0100-0101, 025-0217).
It would have been obvious to one of ordinary skill in the art to incorporate the claimed respiration rate measurement and adjustment features, as well as delivery parameter modification, into the invention of Harris, in view of Holm et al and Roe et al, since all are directed to methods of storing respiring comestibles, since Harris already included repeatedly measuring and comparing gas concentrations of O2 and CO2 over time (column 2, lines 14-28; Figure 2) and the gas detectors are read by a microprocessor approximately once every second and a running average is calculated (column 5, line 4), since produce storage systems commonly included the produce being an in an initially unripened state and then exhibiting an onset of ripening as indicated by an increase in measured respiration rate (Figure 2, #20-21; paragraph 0006, 0178-0179), measurement of an accumulated respiration rate (Figure 3; paragraph 0183), and determining ripening status by measuring CO2 respiration rate (Figure 4, #403) as shown by Holm et al; since Holm et al also disclosed halting or slowing the ripening process when a predetermined ripening stage has been achieved by switching to a transport temperature and controlled atmosphere conditions (Figure 4, #405-406), slowing the ripening rate by use of low O2 and high CO2 concentrations (paragraph 0090), controlling the rate of ripening based upon the estimated time of arrival of the shipment (paragraph 0092), and use of an ethylene blocking agent to delay ripening (paragraph 0100-0101, 025-0217); since it was commonly known to slow ripening by reduction in temperature, lowering of oxygen, removal of ethylene, and/or addition of ethylene blockers into a modified atmosphere storage system, and since early detection of an onset of ripening in the comestibles of Harris due to a detected rise in respiration rate, as disclosed by Hom et al, would have enabled the system to adjust and prevent further ripening and thus provide longer storage times which would make it possible to provide the comestibles in the desired ripening stage at the desired time to the customer.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Roe et al teach removal of ethylene and oxygen (claim 10), Conlon teaches monitoring shipping conditions and calculating a reduced shelf life (Figure 9), Veltman teaches monitoring O2, N2, and CO2 to adjust these gases during storage (Figure 1), Bessemans teach calculating a respiration coefficient (claim 1), Schaefer teaches monitoring respiratory values over time and ranking lots (Figure 4), Yasar teaches measuring gas properties, determining if they exceed a threshold, and taking an action (Figure 7), Dutta teaches computing a respiration rate using a model and predicting optimal ripening conditions (Figure 4), Gabler teaches monitoring a change of trace gas over time and adjusting the gas (claim 1), Delele teaches storage with protection from fermentative degradation by monitoring the gases (claim 1).
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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