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 Objections
Claims 1, and 30-39 are objected to because of the following informalities: the term “the at least one 15 parameter” recited in claim 1, line 9, has typo error and should be changed to “the at least one parameter” for consistency throughout the claim. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1, 18, 30-33, 40-43 and 47 is/are rejected under 35 U.S.C. 102(A)(1) as being anticipated by Dev et al (US 2020/0128837) cited by applicant. Regarding claims 1, 18 and 47, Dev discloses non-linear slotted waveguide for diverse application, wherein microwave treatment device (10) has at least one treatment chamber (26) and at least two coupling elements (24) and the coupling element (24) are configured to couple microwaves into the treatment chamber (26) so that a product arranged in the treatment chamber (26) is treated by the microwaves propagating in the treatment chamber (26), wherein the device has a recording device, wherein the recording device is designed to record characteristic variables of the product arranged in the treatment chamber (par. 0093 and par. 0021; Figure 1). Regarding claims 30-33, Dev discloses in the parameter determination step (3), a plurality of similar parameters are collected and a spatial or temporal distribution of the similar parameters is determined, and/or in that, in the parameter determination step (3), a plurality of different parameters are determined, and/or in that the parameters collected in the parameter determination step (3) are used in an adjustment step (5) to adjust the treatment parameter of the treatment step (par.0093 and par. 0121, Figure 1). Regarding claims 40-43, Dev discloses the recording device is a camera, wherein the camera is configured to record the light spectrum of ultraviolet light and/or visible light and/or infrared light (par. 0093, par. 0021. Figure 1).
Claims 34-39 and 44-46 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Baars et al (US 11,864,298) discloses device for treating a product with microwaves. Oomori et al (US 11,683,867) discloses microwave treatment device.
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/QUANG T VAN/Primary Examiner, Art Unit 3761 October 7, 2026
