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 .
Claims 1-2 and 20 are allowable over the prior art of record because the apparatus or system with all the independently claimed features including ultraviolet (UV -A) food exposure in a chamber wherein an airflow source has a relative humidity less than 50 percent is not found in the prior art either singly or in combination.
The restriction requirement between group I and group II, as set forth in the Office action mailed on February 19, 2026, has been reconsidered in view of the allowability of claims to the elected invention pursuant to MPEP § 821.04(a). The restriction requirement is maintained because the nonelected claims do not require all the limitations of an allowable claim.
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 1-12 and 20 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. The recitation “moisture threshold” in claims 1 and 20 are construed to be indefinite because that recitation fails to particular point out and distinctly claim the metes and bound of the claimed threshold and the specification does not make clear that threshold. Since claims 2-12 depend upon an indefinite claim, those claims are construed to be indefinite by dependency.
Allowable Subject Matter
Claims 1-12 and 20 are allowable over the prior art of record for the reasons set for above. Upon correction of the indefinite issue discussed above and cancellation of non-elected claims 13-19, the application would be in condition for allowance.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Other prior art references cited with this action may teach one or more claim features but do not rise to a level of anticipation, obviousness, and/or double patenting such that a rejection would be proper or reasonable under current Office practice and procedure. Reference A, cited with this action, is a patent publication from the same inventive entity as the current application. References B, C, D, E, F, G, H, I, J, K, L, M, cited with this action teach apparatus or systems UV light with food and controlled air flow.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN MICHAEL GRAVINI whose telephone number is (571)272-4875. The examiner can normally be reached M-Th 5:30 am to 5:00 (mid day flex) first F 6:00 am t0 11:00 am.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig Schneider can be reached at 571 272 3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Wednesday, June 17, 2026
/STEPHEN M GRAVINI/Primary Examiner, Art Unit 3753
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