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 the first paragraph of 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 19 and claim 20, due to its dependency from claim 19 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 19 is indefinite due to the phrase “preferably”, as it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP §2173.05(d).
Allowable Subject Matter
Claims 12-22 are allowed.
The following is an examiner’s statement of reasons for allowance: The method for reducing and/or eliminating a target agent from a fluid of Independent claim 12, defines over the prior art of record since the prior art does not teach, suggest or render obvious recording, by means of the at least one temperature sensor and the at least one flow rate sensor, for each instant tᵢ, in = 0,1, m, the real temperature value of the fluid Tᵢ, and the real flow rate value Qᵢ, of the fluid in the interior volume V of the tube, calculating for each instant of time tᵢ, using the control means and based on the records of the real temperature Tᵢ and the real flow value Qᵢ of the fluid recorded in step c), the holding time tₘᵢ of the fluid in the interior volume V of the tube, wherein: tmi = Vᵢ, calculating for each instant tᵢ, using the control means, the value of the case fatality rate provided, Fᵢ, according to the values recorded and calculated in steps c) and d), and wherein: wherein Z is a kinetic property of the reduction and/or elimination of the target agent and Tᵣₑƒ the chosen reference temperature f) verifying, for each instant tᵢ, using the control means, if the condition Fᵢ < Ftarget is met, and g) regulating, using the control means, if the condition of step f) is met, the real temperature value of the fluid Tᵢand/or the real flow rate value Qᵢ of the fluid in the interior volume V of the tube, which verifies the condition Fᵢ ≥ Ftarget.
Though the prior art teaches a tube extending between a first end and a second end, forming an internal volume V according to a path, wherein the first end is a fluid inlet and the second end is a fluid outlet, wherein the fluid enters the internal volume V of the tube through the inlet of the tube and runs along the path to the outlet of the tube , wherein said fluid is driven by a pump, heating means fluidically connected to the inlet of the tube, at least one fluid flow rate sensor, configured to measure the flow rate Q of the fluid driven by the pump, at least one temperature sensor, located at the first and/or second end of the tube, configured to measure the temperature T of the fluid driven by the pump, the prior art is silent to the order of calculations and equations claimed to determine and validate target conditions.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. 9011953, 20140057036, 20100151102, 20080160149, 20030003206, 6440361, 5932813 directed to heat sterilization/pasteurization of liquid food and/or beverages.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Steven Leff whose telephone number is (571) 272-6527. The examiner can normally be reached on Mon-Fri 8:30 - 5:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Erik Kashnikow can be reached at (571) 270-3475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVEN N LEFF/Primary Examiner, Art Unit 1792
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