SYSTEMS FOR IMPROVED BACTERIAL AND MICROBIAL REDUCTION, EQUIPMENT COMPRISING SAID SYSTEMS AND METHODS OF UTILIZING SAID SYSTEMS AND EQUIPMENT TO IMPROVE BACTERIAL AND MICROBIAL REDUCTION ON FOODS, FOOD PRODUCTS, AND PRODUCE

Application No. 18/826,651

• Filed: Sep 06, 2024
• Priority: Sep 07, 2023 — provisional 63/537,157
• Examiner: SARANTAKOS, KAYLA ROSE
• Assignee: Cleanworks Inc.
• OA Round: 1 (Non-Final)

Office Action

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 .
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 1-20 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.
Claim 1 recites the limitations "the vine" and “the field” in line 1 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-12 and 14 are rejected based on their dependence on claim 1,
Claim 13 recites the limitation "the group" in line 1 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitations "the hydroxyl-radical treatment" in line 2 of the claim, “the hydrogen peroxide mist” in line 3 of the claim, “the ozone gas” in line 3 of the claim, and “the one or more UV-C lamps” in line 4 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claims 16-20 are rejected based on their dependence one claim 15.
Allowable Subject Matter
Claims 1 and 15 would be allowable if rewritten or amended to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 2-14 and 16-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 1 and 15, the closest prior art is Moyer (US 20180303133 A1). Moyer teaches inactivating bacteria in food products using UV-C light, hydrogen peroxide, and ozone. However, Moyer fails to teach a movable frame defining a processing chamber and the processing chamber is movable over and/or along the produce on the vine or in the field.
Claims 2-14, and 16-20 also contains allowable subject matter based on their dependence on claims 1 and 15 respectively.
The prior art as a whole does not teach the claimed invention within the claim environment.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAYLA ROSE SARANTAKOS whose telephone number is [phone]. The examiner can normally be reached Mon-Fri 7:00-4:00.
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, Michael Marcheschi can be reached at [phone]. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.R.S./Examiner, Art Unit 1799
/DONALD R SPAMER/Primary Examiner, Art Unit 1799

Prosecution Timeline

• Sep 06, 2024: Application Filed
• Jul 08, 2026: Non-Final Rejection mailed — §112 (current)