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 1-18,20 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.
Regarding claim 1, the metes and bounds of “preferably determined by a calibration procedure”. It is unclear if preferably determined by a calibration procedure is part of the claim. As best understood the examiner interprets the phrase as not being part of the claim.
Regarding claim 13, the metes and bounds of “preferably determined by a calibration procedure”. It is unclear if preferably determined by a calibration procedure is part of the claim. As best understood the examiner interprets the phrase as not being part of the claim.
Claims 2-12 and 14-18,20 are rejected for containing 112 rejections above and depending on rejected base claim.
Allowable Subject Matter
Claims 1 and 13 would be allowable if rewritten or amended 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.
Regarding claim 1, wherein the processor comprises includes programming for running a regression model, preferably determined by a calibration procedure, configured to directly correlate a complex reflection coefficient of the fruit with one or more quality attributes of the fruit; determining the complex reflection coefficient of the fruit over the microwave frequency range by comparing the emitted microwave signal to the reflected microwave signal; directly determining, by the programming on the processor using the regression model with the determined complex reflection coefficient over the microwave frequency range as input, the one or more quality attributes of the fruit; determining, by the programming on the processor, the internal quality of the fruit based on the quality attributes; and outputting by the processor the determined internal quality of the fruit as claimed in combination with all other limitations of claim 1.
Regarding claim 13, wherein the processor comprises includes programming for running a regression model, preferably determined by a calibration procedure, configured to directly correlate a complex reflection coefficient of the fruit with one or more quality attributes of the fruit, wherein the programming on the processor is configured to: directly determine, using the regression model with a complex reflection coefficient over the microwave frequency range as input, the one or more quality attributes of the fruit, wherein the complex reflection coefficient is determined over the microwave frequency range by comparing the emitted microwave signal to the reflected microwave signal; determine the internal quality of the fruit based on the quality attributes; and outputting the determined internal quality of the fruit as claimed in combination with all other limitations of claim 13.
Prior Art:
Holmes et al. (WO 03091715A, cited by applicant18) teach an apparatus and methods for detecting properties of objects by measuring the effect the objects have on transmitted microwave signals. More particularly, but not exclusively, the present invention relates to the detection of internal properties of objects such as fruits and vegetables.
Holmes et al. does not teach the limitations above.
Beaudry et al. (US 5822068) teach A non-destructive method of testing of fruits and vegetables for post-harvest quality (firmness, texture, aroma and color) using fluorescence intensity of the skin or leaves is described. A low intensity red light source (10) is used to irradiate the skin or leaves of fruits or vegetables to provide a first level F.sub.o of fluorescence intensity above that of red light in the 710 to 740 nM range.
Beaudry et al. does not teach the limitations above.
Liu (CN 103901049A, cited by applicant) teach a microwave nondestructive measuring equipment for measuring characteristic and a measuring method thereof. the measuring device of the invention comprises a microwave transceiving device, a microwave transceiving line and transceiving probe. The invention adopts microwave measurement, microwave having permeability, can penetrate the surface of the fruit and vegetable, the vegetable, the passes through the internal tissue of the vegetable, microwave reflection, total reflection wave and reflect the condition of water and fruit and vegetable pulp tissue.
Liu does not teach the limitations above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEMETRIUS R PRETLOW whose telephone number is (571)272-3441. The examiner can normally be reached M-F, 5:30-1:30.
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, Lee Rodak can be reached at 571-270-5628. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DEMETRIUS R PRETLOW/ Examiner, Art Unit 2858
/LEE E RODAK/ Supervisory Patent Examiner, Art Unit 2858
Prosecution Insights