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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement filed 01/11/2026 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. The following non-patent literature publications have not been provided:
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The publication by NEELAVATHI R ET AL: ("Effect of sodium hypochlorite, citric acid, ascorbic acid, calcium chloride and packaging material on quality of minimally-processed cauliflower", CURRENT HORTICULTURE, vol. 4, no. 1 31 December 2015, pages 10-16, XP009544694, ISSN: 2347-7377) was found by Examiner and applied as a prior art of record in the rejection as discussed below. The copy of this publication is provided by Examiner.
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) 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Sewon (US 5039545 A) in view of Ukesha Exports (Gherkins preserved in Brine) (IDS reference filed 01/11/2026) and Neelavathi et al (Effect of sodium hypochlorite, citric acid, ascorbic acid, calcium chloride and packaging material on quality of minimally-processed cauliflower (Brassica oleracea)).
Claim 1 recites the following limitations:
A process for preservation of vegetables in bulk packaging followed by repacking into smaller packs, said process comprising the steps of:
a. receiving, cleaning, sorting of vegetables and placing in HDPE or HMHDPE bulk containers for acidification;
b. adding media comprising at least one of each acid, salt and calcium chloride to the vegetables placed in HDPE or HMHDPE bulk containers for acidification;
C. chilling and maintaining the HDPE or HMHDPE bulk containers comprising the preserved vegetable and media at 3-5°C,
d. repacking the preserved vegetable and its media into smaller packs followed by pasteurization;
wherein during (d), the media from the bulk container is not discarded but reused for smaller packs without undergoing any additional process steps of de-acidification.
In regard to claim 1, Sewon discloses a reusable brine for conserving cucumbers (Title, Abstract). In regard to step “a”, Sewon discloses that “assorted” cucumbers were washed shortly after harvest (Col. 2 lines 37-38). This step reads on receiving, cleaning, sorting of vegetables as recited in step “a” of claim 1. Sewon discloses that cucumbers are conserved in bulk by submerging in brine comprising NaCl (sodium chloride salt), acetic acid and calcium chloride (Col. 2 lines 23-35). Sewon discloses that after a period of time , the brine was withdrawn and topped off with NaCl (sodium chloride salt), acetic acid and calcium chloride for reuse (Col. 2 lines 47-55). Then cucumbers were packed into smaller containers with spiced brine as discussed above (Col. 2 lines 47-55):
EXAMPLE
Assorted cucumbers of various size were washed shortly after harvest. The cucumbers were then stored in silos provided with stirring means for circulating the brine at least in the beginning of the conservation period as is conventional in this field, for about two months immersed in about the same volume of an aqueous brine solution representing a preferred embodiment of the invention and containing per liter of said aqueous solution: 0.12 kg NaCl, 0.04 kg acetic acid, and 3.5 g CaCl2 (Col. 2 lines 37-46).
After this period the brine was withdrawn and topped off NaCl, acetic acid and CaCl2 for reuse. Then the stored with NaCl, acetic acid and CaCl2 for reuse. Then the stored cucumbers were put directly into cans, buckets or jars together with a spiced picking solution containing conventional pickling ingredients such as vinegar, spices and optional sweeteners. Finally the cans, buckets or jars were closed, and hermetically sealed if required (Col. 2 lines 47-55).
Therefore, Sewon discloses combining/adding media comprising at least one of each acid, salt and calcium chloride to the vegetables placed bulk containers for acidification as recited in step (b) of claim 1. Sewon discloses repacking the preserved vegetable and its media (i.e. brine for re-use) into smaller packs as recited in step (d) of claim 1. Sewon also discloses that the media (i.e. brine) from the bulk container is not discarded but reused for smaller packs without undergoing any additional process steps of de-acidification. Sewon also discloses that heat treatment of smaller containers containing pickled cucumbers is a conventional step in cucumber preservation (Col. 1 lines 20-21).
Sewon does not disclose HDPE or HMHDPE bulk containers. Sewon does not disclose chilling and maintaining the HDPE or HMHDPE bulk containers comprising the preserved vegetable and media at 3-5°C.
Ukesha Exports discloses gherkins preserved in brine (page 1). Ukesha Exports discloses that gherkins are pickled cucumbers (page 1). Ukesha Exports discloses that prior to packing into bulk food grade HMHDPE containers, cucumbers were graded, sorted, culled, soaked and washed (page 1). Ukesha Exports discloses that cleaned cucumbers were placed into “packing medium” into 240 L, 260L high density polyethylene food grade HMHDPE contains certified for storage of food product (page 1). Ukesha Exports discloses brine comprising vinegar, acetic acid and salt (page 2).
Both references (Sewon and Ukesha Exports) are directed to the pickling of cucumbers in bulk containers in brine comprising vinegar, acetic acid and salt. Sewon does not disclose HDPE or HMHDPE bulk containers. Ukesha Exports discloses preserving gherkins/cucumbers in brine in 240 L, 260L high density polyethylene food grade HMHDPE contains certified for storage of food product. One of ordinary skill in the art would have been motivated to modify Sewon in view of Ukesha Exports and to employ 240 L, 260L high density polyethylene food grade HMHDPE contains certified for storage of food product as suitable bulk containers for preserving/pickling/brining of cucumbers in the brine solution containing vinegar, acetic acid and salt as suggested by Ukesha Exports.
Sewon does not disclose chilling and maintaining the bulk containers comprising the preserved vegetable and media at 3-5°C. °
Neelavathi et al discloses storage of vegetables in the HDPE containers at 5C in a refrigerator (Col. 1 on page 11). Neelavathi et al discloses that storage of vegetables in the HDPE containers at 5°C in a refrigerator showed lower weight loss of the vegetables (Col. 1 on page 13). One of ordinary skill in the art would have been motivated to modify the combination of Sewon and Ukesha Exports in view of Neelavathi et al and to further include the step of chilling the preserved cucumber to a temperature of 5°C to prevent weight loss of vegetables that leads to increased quality of the preserved vegetables.
In regard to claim 2, Sewon does not disclose the ratio of brine to cucumbers. One of ordinary skill in the art would have been motivated to vary the amount of brine in the containers based in the desired preservation effect and the overall efficiency of vegetables storage.
In regard to claim 3, Sewon discloses acetic acid (Abstract, Col. 2 lines 25-26, 47-48, claims 2 and 6).
In regard to claim 4, 5 and 6, Sewon discloses at least 0.02 kg sodium chloride, 0,02-0.12 kg acetic or lactic acid or a non-toxic salt thereof, and at least 0.1 g calcium chloride (Abstract).
In regard to claim 7, Sewon discloses spices and optional sweeteners added to re-usable brine before re-packing into smaller containers (col. 2 lines 50-51).
In regard to claim 8, Sewon discloses cucumbers (Abstract).
Conclusion
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/VERA STULII/Primary Examiner, Art Unit 1791
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