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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant’s submission filed on 04/21/2026 has been entered.
Response to Amendment
This action is responsive to the RCE filed 04/21/2026. Claims 1-5, 7-18, 20 are pending in this application. As directed, claims 1, 7, 17, 20 have been amended; claims 6 and 19 cancelled.
With respect to 35 U.S.C. 112(f) Claim Interpretation: Applicant’s amendments to the Claims have not overcome the 35 U.S.C. 112(f) Claim Interpretation set forth in the Final Office Action dated 01/06/2026.
Response to Arguments
With respect to 35 U.S.C. 103 Claim Rejections: Applicant(s)’ arguments filed 04/01/2026 have been fully considered but are moot based on new ground(s) of rejection necessitated by amendments. Specifically, Applicant’s amendments to the Claims have changed the scope of the claims; therefore, the claim interpretation has changed. See detailed rejections in the 35 U.S.C. 103 Claim Rejections section below.
Claim Objections
Claim 17 is objected to because of the following informalities:
Claim 17 recites the limitation “a microwave radiation” in line 8. This should be changed to “the microwave radiation” because it is understood that “the microwave radiation” recited in claim 17 (line 8) refers to the limitation “a microwave radiation” recited previously in claim 1 (line 8) since claim 17 depends on claim 1.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“ventilation unit connected to the at least one air distribution plenum and designed to suck in ambient air from outside the ventilation cooling system into the at least one air distribution plenum” in claim 1 (lines 16-18) & in claim 17 (lines 14-16) and “ventilation unit” in claim 7 (line 2). These limitations use generic placeholder “unit” (Prong A); the term “unit” is modified by functional language “designed to suck in ambient air from outside the ventilation cooling system into the at least one air distribution plenum” (Prong B); and the term “unit” is not modified by sufficient structures, materials or acts for performing the claimed function (Prong C). Therefore, these limitations invoke 35 U.S.C. 112(f). For examination purposes, the limitation “ventilation unit” will be interpreted as “blower, fan or pump” and equivalents, as indicated by Specification on page 6 lines 17-20: “the ventilation cooling system comprises at least one ventilation unit, such as blower or fan or pump, connected to the at least one air distribution plenum and designed to suck in air outside the microwave cavity in order to inject it into the at least one air distribution plenum.”.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim 17 is 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 17 recites the limitation “wherein the ventilation cooling system comprises at least one ventilation unit connected to the at least one air distribution plenum and designed to suck in ambient air from outside the ventilation cooling system into the at least one air distribution plenum” in lines 14-16. It is unclear what is meant by this limitation because claim 17 depends on claim 1; however, claim 1 already recites “wherein the ventilation cooling system comprises at least one ventilation unit connected to the at least one air distribution plenum and designed to suck in ambient air from outside the ventilation cooling system into the at least one air distribution plenum” in lines 16-18. Therefore, it is unclear why this limitation is repeated again in claim 17.
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-5, 8, 10, 16-18, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ruozi Fig.7 (U.S. Patent No. 5,750,966 A, previously cited) in view of Ruozi Fig.17 (U.S. Patent No. 5,750,966 A, previously cited), Wu (CN 216448433 U, previously cited) and further in view of Allen (U.S. Patent No. 6,534,306 B1, previously cited).
Regarding claim 1, Ruozi Fig.7 discloses a pasteurization facility (as shown in Ruozi Fig.7) for microwave pasteurization of food products contained in packages hermetically closed by a sealed film (sealed containers 49, Ruozi Col.5 lines 65-67; Ruozi Abstract teaches solid or liquid food products are contained in the sealed containers) (see containers 49 in Ruozi Figs.9-10; it is noted that Figs.9-10 are for illustration purposes only) (Ruozi Col.5 lines 65-67 to Col.6 lines 1-3 discloses “The containers 49 containing the products to be pasteurized or sterilised are conveyed through the said first tubular element 11 by means of a conveyor device 31, for example a conveyor belt, made in microwave transparent material to allow the products to be radiated from below, through the base of the containers 49.”), the pasteurization facility (as shown in Ruozi Fig.7) comprising at least:
a microwave cavity (cavity of the tubular element 11, Ruozi annotated Fig.7 below) (it is noted that cavity of the tubular element 11 is microwave cavity because there are microwave generators 29 having wave guides 30 provided along the tubular element 11 in order to provide microwave radiation into the cavity of the tubular element 11, Ruozi Fig.7 & Col.5 lines 57-61);
a conveyor line (conveyor belt 31, Ruozi Fig.7) passing through the microwave cavity (cavity of the tubular element 11, Ruozi annotated Fig.7 below) for conveying the packages (containers 49, Ruozi Col.5 lines 65-67) (or see containers 49 in Ruozi Figs.9-10; it is noted that Figs.9-10 are for illustration purposes only to show that the containers 49 is conveyed on the conveyor belt) (Ruozi Col.5 lines 65-67 to Col.6 lines 1-3 discloses “The containers 49 containing the products to be pasteurized or sterilised are conveyed through the said first tubular element 11 by means of a conveyor device 31, for example a conveyor belt, made in microwave transparent material to allow the products to be radiated from below, through the base of the containers 49.”);
at least one microwave generator (microwave generators 29, Ruozi Fig.7) coupled to at least one microwave guide (wave guides 30, Ruozi Fig.7) opening into the microwave cavity (cavity of the tubular element 11, Ruozi annotated Fig.7 below), to generate and propagate a microwave radiation (microwave radiation is generated by microwave generators 29) inside the microwave cavity (cavity of the tubular element 11, Ruozi annotated Fig.7 below) and heat the food products (food products contained in the containers 49, Ruozi Col.5 lines 65-67) on the conveyor line (conveyor belt 31, Ruozi Fig.7) (Ruozi Col.5 lines 57-67 to Col.6 lines 1-3 discloses “Along the said first tubular element 11, a number of microwave generators 29, for example magnetron, are arranged in staggered longitudinal or circumferential rows, having wave guides 30 that, preferably, have a rectangular section. If rectangular section wave guides 30 are used, the wave guides of the microwave generators 29 of the same row are preferably alternatively rotated 90° with respect to each other. The containers 49 containing the products to be pasteurized or sterilised are conveyed through the said first tubular element 11 by means of a conveyor device 31, for example a conveyor belt, made in microwave transparent material to allow the products to be radiated from below, through the base of the containers 49.”; therefore, Ruozi discloses microwave generators 29 having wave guides 30 opening into the microwave cavity to generate and propagate a microwave radiation inside the tubular element 11 and heat the food products contained in the containers 49 on the conveyor belt 31);
a ventilation cooling system (ventilation cooling system comprises air cooling ducts 32, Ruozi Figs.7-8) designed to inject air inside the microwave cavity (cavity of the tubular element 11, Ruozi annotated Fig.7 below) (Ruozi Col.6 lines 3-6 discloses: “The tubular element 11 also has a pair of air cooling ducts 32, which communicate with the inside of the tubular sections 11a, each duct 32 having a heat exchanger 33 and a fan 34.”; it is noted that three tubular sections 11a form the tubular element 11, as shown in Ruozi Figs.2, 7-8)
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Ruozi Fig.7 does not disclose
wherein the ventilation cooling system comprises at least one air distribution plenum formed of a tubular body which extends continuously inside the microwave cavity, along and above the conveyor line, the at least one air distribution plenum being made of a material transparent to the microwave radiation and being provided with air distribution orifices distributed along and opposite the conveyor line;
wherein the ventilation cooling system comprises at least one ventilation unit connected to the at least one air distribution plenum and designed to suck in ambient air from outside the ventilation cooling system into the at least one air distribution plenum.
Ruozi Fig.17 teaches:
wherein the ventilation cooling system (ventilation cooling system comprises cooling distribution tube 56, Ruozi Fig.17) comprises at least one distribution plenum (cooling distribution tube 56, Ruozi Fig.17) (it is noted that the Instant Application defines plenum as a long hollow tube 6 with distribution orifices 60, as shown in Fig.3 of the Drawings of the Instant Application; therefore, the structure of the prior art Ruozi cooling distribution tube 56 and the structure of the Instant Application distribution plenum are similar) formed of a tubular body (it is known that the cooling distribution tube 56 formed of a tubular body because the definition of “tube” is “a long, hollow cylinder of metal, plastic, glass, etc. for holding or transporting something, chiefly liquids or gases” – according to Oxford Languages Dictionary) which extends continuously inside the microwave cavity (cavity of the tubular element 4, Ruozi annotated Fig.17 below), along and above the conveyor line (conveyor belt 48, Ruozi Fig.17) (Ruozi Fig.17 shows the cooling distribution tube 56 extends continuously inside the cavity of the tubular element 4, along and above the conveyor belt 48), the at least one distribution plenum (cooling distribution tube 56, Ruozi Fig.17) being provided with distribution orifices (distribution orifices of the distribution tube 56, Ruozi annotated Fig.17 below) distributed along and opposite the conveyor line (conveyor belt 48, Ruozi Fig.17) (Ruozi Fig.17 shows the cooling distribution tube 56 being provided with the distribution orifices distributed along and opposite the conveyor belt 48),
the at least one distribution plenum is the air distribution plenum (It is noted that by substituting the Ruozi Embodiment Fig.7 cooling ducts 32 with the Ruozi Embodiment Fig.17 distribution tube 56 [It is noted that Examiner only substitutes the Ruozi Embodiment Fig.7 cooling ducts 32 with the Ruozi Embodiment Fig.17 distribution tube 56. Examiner did not substitute the Ruozi Embodiment Fig.7 cooling air inside of the cooling ducts 32 with the Ruozi Embodiment Fig.17 cooling water inside the distribution tube 56. To be more specific, only the structure of the cooling system of Ruozi Embodiment Fig.7 is substituted with the structure of the cooling system of Ruozi Embodiment Fig.17, the fluid inside the cooling system of Ruozi Embodiment Fig.7 is not substituted with the fluid inside the cooling system of Ruozi Embodiment Fig.17.], in combination, Ruozi Embodiment Fig.7 in view of Ruozi Embodiment Fig.17 teaches the air distribution plenum)
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the Ruozi Fig.7 cooling system (see the Ruozi Fig.7 cooling ducts 32 in Ruozi Figs.7-8) with the Ruozi Fig.17 cooling system (see the Ruozi Fig.17 cooling distribution tube 56 with distribution orifices in Ruozi Fig.17), because the substitution of one known element for another with no change in their respective functions, and the modification would yield a predictable result of providing cooling fluid for the food product being transported on the conveyor belt. MPEP 2143 I (B).
Ruozi Fig.7 in view of Ruozi Fig.17 teaches the apparatus as set forth above, but does not teach:
the at least one air distribution plenum being made of a material transparent to the microwave radiation;
wherein the ventilation cooling system comprises at least one ventilation unit connected to the at least one air distribution plenum and designed to suck in ambient air from outside the ventilation cooling system into the at least one air distribution plenum.
Wu teaches air distribution plenum (Wu Figs.1-2):
wherein the ventilation cooling system (ventilation cooling system comprises air pipe 1 comprises a plurality of cooling pipe 11 and fan 2, Wu Figs.1-2) comprises at least one ventilation unit (fan 2, Wu Fig.1) connected to the at least one air distribution plenum (air pipe 1 comprises a plurality of cooling pipe 11, Wu Figs.1-2) and designed to suck in ambient air from outside the ventilation cooling system (ventilation cooling system comprises air pipe 1 comprises a plurality of cooling pipe 11 and fan 2, Wu Figs.1-2) into the at least one air distribution plenum (air pipe 1 comprises a plurality of cooling pipe 11, Wu Figs.1-2) (Wu Translated Document on page 4 paragraph 10 teaches “fan 2 continuously blowing air to the air outlet pipe 1”; it is well known that the principle of working fan is fan gets its air supply from the surrounding environment; specifically, the fan blades rotate, creating a low-pressure area behind them; this draws air in from all directions towards the back of the fan, and then pushes it forward; therefore, Wu teaches the ventilation cooling system comprises fan connected to the at least one air distribution plenum and designed to suck in ambient air from outside the ventilation cooling system into the at least one air distribution plenum).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ruozi Fig.7 in view of Ruozi Fig.17, by adding the teachings of the ventilation cooling system comprises at least one ventilation unit connected to the at least one air distribution plenum and designed to suck in ambient air from outside the ventilation cooling system into the at least one air distribution plenum, as taught by Wu, in order to improve ventilation and air quality because the fan suck in air outside and inject it into the air distribution plenum would help dissipate heat from the microwave cavity, preventing overheating and extending the pasteurization facility lifespan. Additionally, airflow through the microwave cavity would help carry away steam, preventing condensation buildup that can lead to moisture damage and potential electrical issues.
Ruozi Fig.7 in view of Ruozi Fig.17 and Wu teaches the apparatus as set forth above, but does not teach:
the at least one air distribution plenum being made of a material transparent to the microwave radiation
Allen teaches air distribution plenum (Allen Col.4 lines 22-24):
the at least one air distribution plenum being made of a material transparent to the microwave radiation (Allen Col.4 lines 22-24 teaches: “These lateral plenums 28 are made of eight-inch polyethylene pipe that is perforated to allow for the flow of air therethrough”; therefore, Allen teaches the air plenum is made of polyethylene pipe; it is well known that polyethylene is transparent to microwave radiation, as evidenced by prior art Schiffmann or Pralus [see the Conclusion section of this Office Action regarding the pertinent prior arts])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ruozi Fig.7 in view of Ruozi Fig.17 and Wu, by making the air plenum to be made of polyethylene material, as taught by Allen, in order to avoid interfere in the microwave heating process so that the microwave radiation can be directed from the microwave wave guides into the microwave cavity to interact with food packages food heat them properly; thus, providing effective and uniform heating in the microwave cavity. Moreover, polyethylene material, which is transparent to microwaves would allow for unobstructed airflow while minimizing any disruption to the microwave field.
Regarding claim 2, Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen teaches the apparatus as set forth in claim 1, and also teaches
wherein the at least one microwave generator (microwave generators 29, Ruozi Fig.7) comprises one or several microwave generator(s) (it is noted that the limitation “one or several” is in alternative form, therefore, only one of these was given patentable weight during examination; in this case, Ruozi Fig.7 shows several microwave generators 29) coupled to several microwave guides (several wave guides 30, Ruozi Fig.7) (Ruozi Fig.7 shows several microwave generators 29 coupled to several wave guides 30) opening into the microwave cavity (cavity of the tubular element 11, see Ruozi annotated Fig.7 in the rejection of claim 1 above) and distributed along the conveyor line (conveyor belt 31, Ruozi Fig.7), and the at least one air distribution plenum (cooling distribution tube 56, Ruozi Fig.17; it is noted that in combination, as cited and incorporated in the rejection of claim 1, Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen teaches the Ruozi Fig.17 cooling distribution tube 56 is incorporated in the Ruozi Fig.7 to be located above the conveyor line and configured to distribute air) extends at least between two microwave guides (at least two wave guides 30, Ruozi annotated Fig.7 below) among the several microwave guides (several wave guides 30, Ruozi Fig.7) (Ruozi Fig.17 shows that the cooling distribution tube 56 extends approximately from the entrance to the exit of the tubular element 4; therefore, in combination, by adding the Ruozi Fig.17 cooling distribution tube 56 to the Ruozi Fig.7, the Ruozi Fig.17 cooling distribution tube 56 would extend approximately from the entrance to the exit of the tubular element 11 of the Ruozi Fig.7; therefore, in combination, Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen teaches the cooling distribution tube 56 extends at least between two microwave wave guides 30 among the several microwave wave guides 30).
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Regarding claim 3, Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen teaches the apparatus as set forth in claim 1, and also teaches
wherein at least one microwave guide (wave guide 30, Ruozi Fig.7) comprises at least one upper microwave guide (upper wave guides 30, Ruozi annotated Fig.7 below), opening above and opposite the conveyor line (conveyor belt 31, Ruozi Fig.7), the at least one air distribution plenum (cooling distribution tube 56, Ruozi Fig.17; it is noted that in combination, as cited and incorporated in the rejection of claim 1, Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen teaches the Ruozi Fig.17 cooling distribution tube 56 is incorporated in the Ruozi Fig.7 to be above the conveyor belt and configured to distribute air) being interposed between the at least one upper microwave guide (upper wave guides 30, Ruozi annotated Fig.7 below) and the conveyor line (conveyor belt 31, Ruozi Fig.7) (Ruozi Fig.17 shows that the cooling distribution tube 56 being interposed between the upper wall of the tubular element 4 and the conveyor belt 48; therefore, in combination, by adding the Ruozi Fig.17 cooling distribution tube 56 to the Ruozi Fig.7, the Ruozi Fig.17 cooling distribution tube 56 would be interposed between the upper wave guide 30 and the conveyor belt 31 because the upper wave guide 30 is located at the top of the upper wall of the tubular element 11; therefore, in combination, Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen teaches the cooling distribution tube 56 being interposed between the upper wave guides 30 and the conveyor belt 31).
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Regarding claim 4, Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen teaches the apparatus as set forth in claim 3, and also teaches
wherein the at least one upper microwave guide (upper wave guides 30, Ruozi annotated Fig.7 below) comprises at least two upper microwave guides (at least two upper wave guides 30, Ruozi annotated Fig.7 below), and the at least one air distribution plenum (cooling distribution tube 56, Ruozi Fig.17; it is noted that in combination, as cited and incorporated in the rejection of claim 1, Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen teaches the Ruozi Fig.17 cooling distribution tube 56 is incorporated in the Ruozi Fig.7 to be located above the conveyor belt and configured to distribute air) extends at least between the at least two upper microwave guides (two upper wave guides 30, Ruozi annotated Fig.7 below) (Ruozi Fig.17 shows that the cooling distribution tube 56 extends approximately from the entrance to the exit of the tubular element 4; therefore, in combination, by adding the Ruozi Fig.17 cooling distribution tube 56 to the Ruozi Fig.7, the Ruozi Fig.17 cooling distribution tube 56 would extend approximately from the entrance to the exit of the tubular element 11; therefore, in combination, Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen teaches the cooling distribution tube 56 extends at least between two upper microwave wave guides 30).
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Regarding claim 5, Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen teaches the apparatus as set forth in claim 1, and also teaches
wherein the at least one microwave guide (wave guides 30, Ruozi Fig.7) comprises at least one lower microwave guide (lower wave guide 30, Ruozi annotated Fig.7 below), opening below and opposite the conveyor line (conveyor belt 31, Ruozi Fig.7), the conveyor line (conveyor belt 31, Ruozi Fig.7) then being interposed between the at least one air distribution plenum (cooling distribution tube 56, Ruozi Fig.17; it is noted that in combination, as cited and incorporated in the rejection of claim 1, Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen teaches the Ruozi Fig.17 cooling distribution tube 56 is incorporated in the Ruozi Fig.7 to be located above the conveyor belt and configured to distribute air) and the at least one lower microwave guide (lower wave guide 30, Ruozi annotated Fig.7 below) (Ruozi Fig.17 shows that the conveyor belt 48 being interposed between the cooling distribution tube 56 and the lower wall of the tubular element 4; therefore, in combination, by adding the Ruozi Fig.17 cooling distribution tube 56 to the Ruozi Fig.7, the conveyor belt 31 of Ruozi Fig.7 would be interposed between the cooling distribution tube 56 and the lower wave guide 30 because the lower wave guide 30 is located below the lower wall of the tubular element 11; therefore, in combination, Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen teaches the conveyor belt 31 being interposed between the cooling distribution tube 56 and the lower wave guide 30).
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Regarding claim 8, Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen teaches the apparatus as set forth in claim 1, and also teaches
wherein the at least one air distribution plenum (cooling distribution tube 56, Ruozi Fig.17; it is noted that in combination, as cited and incorporated in the rejection of claim 1, Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen teaches the Ruozi Fig.17 cooling distribution tube 56 is incorporated in the Ruozi Fig.7 and configured to distribute air) has a tubular section (cooling distribution tube 56 has tubular section along the tube because the definition of “tube” is “a long, hollow cylinder of metal, plastic, glass, etc. for holding or transporting something, chiefly liquids or gases” – according to Oxford Languages Dictionary) in which the air distribution orifices (distribution orifices of the distribution tube 56, Ruozi annotated Fig.17 below) are provided.
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Regarding claim 10, Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen teaches the apparatus as set forth in claim 1, and also teaches the at least one air distribution plenum comprises one or several air distribution plenum(s) (it is noted that the limitation “one or several” is in alternative form, therefore, only one of these was required during examination; in this case, in combination, Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen teaches one cooling distribution tube 56 as shown in Ruozi Fig.17, as cited and incorporated in the rejection of claim 1 above)
However, Ruozi does not explicitly teaches the distribution plenum extending over at least 90% of a length of the microwave cavity measured along the conveyor line as required by the claim.
Regarding the limitation that the air distribution plenum extending over at least 90% of a length of the microwave cavity measured along the conveyor line, the courts have held that where general condition of claim is disposed in the prior art (see Fig.17 of Ruozi where the reference Ruozi teaches certain length of the distribution tube 56), it is not inventive to discover the optimum or workable range (MPEP 2144.05 II.A).
In this case, Ruozi teaches the length of the distribution tube 56, and having a specific length of the distribution tube is not inventive according to the courts. Varying the length of the distribution tube is recognized as a result-effective variable which is result of a routine experimentation. In this case, varying the length of the distribution tube would impact the number of the cooling orifices provided along the horizontal direction of the distribution tube, thus, it would impact the cooling efficiency inside of the microwave cavity. An extended air distribution tube along the microwave cavity ensures a more even distribution of the cooling air across the entire length of the microwave cavity; thus, improving cooling inside of the microwave cavity. Therefore, the length of the distribution tube is recognized in the art to be a result effective variable.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the Ruozi length of the distribution tube by making the distribution tube extending over at least 90% of a length of the microwave cavity measured along the conveyor line as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.”. MPEP 2144.05 II.A.
Regarding claim 16, Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen teaches the apparatus as set forth in claim 1, and Allen also teaches:
wherein the material transparent to the microwave radiation is selected from among polypropylene, polyethylene and polytetrafluoroethylene (Allen teaches the material transparent to the microwave radiation is made from polyethylene, as cited and incorporated in the rejection of claim 1 above).
Regarding claim 17, Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen teaches the apparatus as set forth in claim 1, and also teaches a pasteurization method (Ruozi Col.5 lines 51-67 to Col.6 lines 1-30 discloses the microwave pasteurization method) implemented within a pasteurization facility (pasteurization facility as shown in Ruozi Fig.7) according to claim 1 for microwave pasteurization of food products contained in packages hermetically closed by the sealed film (sealed containers 49, Ruozi Col.5 lines 65-67; Ruozi Abstract teaches solid or liquid food products are contained in the sealed containers) (see containers 49 in Ruozi Figs.9-10; it is noted that Figs.9-10 are for illustration purposes only) (Ruozi Col.5 lines 65-67 to Col.6 lines 1-3 discloses “The containers 49 containing the products to be pasteurized or sterilised are conveyed through the said first tubular element 11 by means of a conveyor device 31, for example a conveyor belt, made in microwave transparent material to allow the products to be radiated from below, through the base of the containers 49.”), the pasteurization method comprising at least:
a conveying step during which the packages (sealed containers 49, Ruozi Col.5 lines 65-67) are conveyed on the conveyor line (conveyor belt 31, Ruozi Fig.7) (Ruozi Col.5 lines 65-67 to Col.6 lines 1-3 discloses “The containers 49 containing the products to be pasteurized or sterilised are conveyed through the said first tubular element 11 by means of a conveyor device 31, for example a conveyor belt, made in microwave transparent material to allow the products to be radiated from below, through the base of the containers 49.”),
a heating step (heating step is performed by microwave generators 29, Ruozi Fig.7), taking place simultaneously in the conveying step (sealed containers 49 are conveyed in the conveyor belt 31, Ruozi Fig.7), during which the at least one microwave generator (microwave generators 29, Ruozi Fig.7) generates and propagates via the at least one microwave guide (wave guides 30, Ruozi Fig.7) a microwave radiation (microwave radiation is generated by microwave generators 29) for heating the food products (food products contained in sealed containers 49, Ruozi Abstract discloses solid or liquid food products are contained in the sealed containers) on the conveyor line (conveyor belt 31, Ruozi Fig.7) (Ruozi Col.5 lines 51-56 discloses: “a first tubular element 11 of the plant 10a for pasteurizing or sterilising solid, soft or semiliquid products, in which the first phase of the of the pasteurization or sterilisation treatment is carried out, consisting of the rapid heating of the products, at progressively increasing pressure in function of the temperature.”, and Ruozi Col.5 lines 65-67 to Col.6 lines 1-3 discloses: “The containers 49 containing the products to be pasteurized or sterilised are conveyed through the said first tubular element 11 by means of a conveyor device 31, for example a conveyor belt, made in microwave transparent material to allow the products to be radiated from below, through the base of the containers 49.”; therefore, the heating step and the conveying step are taking place simultaneously in the first tubular element 11),
a ventilation cooling step (Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen teaches the ventilation cooling system by air distribution plenum, as cited and incorporated in the rejection of claim 1 above), taking place simultaneously with the conveying step (sealed containers 49 are conveyed in the conveyor belt 31, Ruozi Fig.7) and with the heating step (heating step is performed by microwave generators 29, Ruozi Fig.7) (Ruozi Col.5 lines 51-67 to Col.6 lines 1-30 describes in details the ventilation cooling system is incorporated in the tubular element 11 in order to provide cooling for packages while the packages being heated by microwave generators 29 and being conveyed on the conveyor belt 31; therefore, Ruozi discloses the ventilation cooling step taking place simultaneously with the conveying step and with the heating step), during which air is injected along and above the conveyor line (conveyor belt 31, Ruozi Fig.7) throughout the air distribution orifices (distribution orifices, Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen, as cited and incorporated in the rejection of claim 1 above) provided in the at least one air distribution plenum (cooling distribution tube 56, Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen, as cited and incorporated in the rejection of claim 1 above) (Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen teaches air is injected along and above the conveyor belt 31 throughout the distribution orifices provided in the cooling distribution tube 56, as cited and incorporated in the rejection of claim 1 above);
wherein the ventilation cooling system (ventilation cooling system comprises air pipe 1 comprises a plurality of cooling pipe 11 and fan 2, Wu Figs.1-2; as cited and incorporated in the rejection of claim 1 above) comprises at least one ventilation unit (fan 2, Wu Fig.1; as cited and incorporated in the rejection of claim 1 above) connected to the at least one air distribution plenum (air pipe 1 comprises a plurality of cooling pipe 11, Wu Figs.1-2) and designed to suck in ambient air from outside the ventilation cooling system (ventilation cooling system comprises air pipe 1 comprises a plurality of cooling pipe 11 and fan 2, Wu Figs.1-2) into the at least one air distribution plenum (air pipe 1 comprises a plurality of cooling pipe 11, Wu Figs.1-2) (Wu Translated Document on page 4 paragraph 10 teaches “fan 2 continuously blowing air to the air outlet pipe 1”; it is well known that the principle of working fan is fan gets its air supply from the surrounding environment; specifically, the fan blades rotate, creating a low-pressure area behind them; this draws air in from all directions towards the back of the fan, and then pushes it forward; therefore, Wu teaches the ventilation cooling system comprises fan connected to the at least one air distribution plenum and designed to suck in ambient air from outside the ventilation cooling system into the at least one air distribution plenum; as cited and incorporated in the rejection of claim 1 above).
Regarding claim 18, Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen teaches the apparatus as set forth in claim 4, and also teaches
wherein the at least one microwave guide (wave guides 30, Ruozi Fig.7) comprises at least one lower microwave guide (lower wave guide 30, Ruozi annotated Fig.7 below), opening below and opposite the conveyor line (conveyor belt 31, Ruozi Fig.7), the conveyor line (conveyor belt 31, Ruozi Fig.7) then being interposed between the at least one air distribution plenum (cooling distribution tube 56, Ruozi Fig.17; it is noted that in combination, as cited and incorporated in the rejection of claim 1, Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen teaches the Ruozi Fig.17 cooling distribution tube 56 is incorporated in the Ruozi Fig.7 to be located above the conveyor belt and configured to distribute air) and the at least one lower microwave guide (lower wave guide 30, Ruozi annotated Fig.7 below) (Ruozi Fig.17 shows that the conveyor belt 48 being interposed between the cooling distribution tube 56 and the lower wall of the tubular element 4; therefore, in combination, by adding the Ruozi Fig.17 cooling distribution tube 56 to the Ruozi Fig.7, the conveyor belt 31 of Ruozi Fig.7 would be interposed between the cooling distribution tube 56 and the lower wave guide 30 because the lower wave guide 30 is located below the lower wall of the tubular element 11; therefore, in combination, Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen teaches the conveyor belt 31 being interposed between the cooling distribution tube 56 and the lower wave guide 30).
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Regarding claim 20, Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen teaches the apparatus as set forth in claim 4, and also teaches
wherein the at least one air distribution plenum (cooling distribution tube 56, Ruozi Fig.17; it is noted that in combination, as cited and incorporated in the rejection of claim 1, Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen teaches the Ruozi Fig.17 cooling distribution tube 56 is incorporated in the Ruozi Fig.7 to be located above the conveyor belt and configured to distribute air) has a tubular section (cooling distribution tube 56 has tubular section along the tube because the definition of “tube” is “a long, hollow cylinder of metal, plastic, glass, etc. for holding or transporting something, chiefly liquids or gases” – according to Oxford Languages Dictionary) in which the air distribution orifices (distribution orifices of the distribution tube 56, Ruozi annotated Fig.17 below) are provided.
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Claims 7 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Ruozi Fig.7 (U.S. Patent No. 5,750,966 A, previously cited) in view of Ruozi Fig.17 (U.S. Patent No. 5,750,966 A, previously cited), Wu (CN 216448433 U, previously cited), Allen (U.S. Patent No. 6,534,306 B1, previously cited), and further in view of Dobie (U.S. Pub. No. 2014/0202444 A1, previously cited).
Regarding claim 7, Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen teaches the apparatus as set forth in claim 1, and also teaches the at least one ventilation unit comprises a fan (as cited and incorporated in the rejection of claim 1 above). However, Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen does not teaches:
wherein the at least one ventilation unit has an air flow rate comprised between 100 and 1,000 m3/h.
Dobie teaches a fan configured to provide air to the plenum (Dobie Par.0025 & Fig.3):
wherein the at least one ventilation unit (fan 20, Dobie Par.0025 & Fig.3) has an air flow rate comprised between 100 and 1,000 m3/h (Dobie Par.0025 teaches: “Fan 20 is delivering approximately 120 cfm into plenum 12”; it is noted that 120 cfm is equal to approximately 204 m3/h; therefore, Dobie teaches the range that is within the claimed range).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen fan (see the Wu fan 2 in Wu Fig.1) with the Dobie fan (see the Dobie fan 20 in Dobie Fig.3), because the substitution of one known element for another with no change in their respective functions, and the modification would yield a predictable result of providing fan configured to suck air from surrounding to provide air into the air distribution plenum. MPEP 2143 I (B).
Regarding claim 12, Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen teaches the apparatus as set forth in claim 1, and also teaches
wherein the ventilation cooling system (ventilation cooling system comprises air cooling ducts 32, Ruozi Figs.7-8) is designed to inject air (as explained, cited and incorporated in the rejection of claim 1), at an outlet of the air distribution orifices (distribution orifices of the distribution tube 56, Ruozi annotated Fig.17 below; as cited and incorporated in the rejection of claim 1 above)
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Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen does not teach:
at a propagation speed comprised between 10 m/s and 15 m/s.
Dobie teaches an air to the plenum with air distribution orifices (Dobie Fig.3 & Par.0025):
an outlet of the air distribution orifices (see jet orifices 22 of the plenum 12 in Dobie Fig.3 & Par.0025), at a propagation speed comprised between 10 m/s and 15 m/s (Dobie Par.0025 teaches: “Fan 20 is delivering approximately 120 cfm into plenum 12; airflow 18 crosses obstruction 16 travelling at approximately 500 fpm to create the vortices 14. The air vortices 14 then exits orifices 22 at approximately 3000 fpm.”; it is noted that 3000 fpm is equal to approximately 15 m/s. Since the reference shows the overlap at the end point (15 m/s). The courts have held that “[i]n the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists.”. MPEP 2144.05 I. In this case, the propagation speed of the prior art is 15 m/s which overlaps at the end point (15 m/s) with the claimed propagation speed and therefore, prior art is an evidence of prima facie obviousness.)
The courts have held that “[i]n the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists.”. MPEP 2144.05 I. In this case, the propagation speed of the prior art is approximately 15 m/s which overlaps at the end point (15 m/s) with the claimed propagation speed and therefore, prior art is an evidence of prima facie obviousness.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen, by making the propagation speed at the outlet of the air distribution orifices to be 15 m/s, as taught by Dobie, in order to accelerate and project the air over the packages at propagation speed adapted to facilitate cooling to maintain a thermal equilibrium at the level of the packages seal film.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Ruozi Fig.7 (U.S. Patent No. 5,750,966 A, previously cited) in view of Ruozi Fig.17 (U.S. Patent No. 5,750,966 A, previously cited), Wu (CN 216448433 U, previously cited), Allen (U.S. Patent No. 6,534,306 B1, previously cited), and further in view of Shuck et al. (U.S. Patent No. 4,268,398 A, previously cited).
Regarding claim 9, Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen teaches the apparatus as set forth in claim 8, and teaches the tubular section of the at least one air distribution plenum, as cited and incorporated in the rejection of claim 8 above.
Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen does not teach:
the tubular section has a transverse dimension comprised between 50 mm and 100 mm.
Shuck teaches an air distribution pipe (34, Shuck Fig.2):
the tubular section of the at least one air distribution plenum (air distribution pipe 34, Shuck Fig.2) has a transverse dimension comprised between 50 mm and 100 mm (Col.7 lines 58-62 teaches: “Air distribution pipe 34, which is approximately 10 feet in length and four inches in diameter, includes a substantially evenly spaced series of 18 air outlets 84 which are positioned along the downwardly facing surface of air distribution pipe.”; therefore, Shuck teaches tubular section of the air distribution pipe 34 has a transverse dimension of approximately 4 inches, which is approximately 100 mm. Since the reference shows the overlap at the end point (100 mm). The courts have held that “[i]n the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists.”. MPEP 2144.05 I. In this case, the transverse dimension of the prior art is approximately 100 mm which overlaps at the end point (100 mm) with the claimed transverse dimension and therefore, prior art is an evidence of prima facie obviousness.).
The courts have held that “[i]n the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists.”. MPEP 2144.05 I. In this case, the transverse dimension of the prior art is 4 inches, which is approximately 100 mm that overlaps at the end point (100 mm) with the claimed transverse dimension and therefore, prior art is an evidence of prima facie obviousness.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen, by making tubular section of the air distribution pipe/plenum to have a transverse dimension of approximately 4 inches, as taught by Shuck, in order to facilitate cooling by conveying ambient air to and within the microwave cavity to provide sufficient airflow. The modification would optimize the airflow dynamics and ensure even cooling of the products on the conveyor.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Ruozi Fig.7 (U.S. Patent No. 5,750,966 A, previously cited) in view of Ruozi Fig.17 (U.S. Patent No. 5,750,966 A, previously cited), Wu (CN 216448433 U, previously cited), Allen (U.S. Patent No. 6,534,306 B1, previously cited), and further in view of Tang et al. (CN 102726521 A, previously cited).
Regarding claim 11, Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen teaches the apparatus as set forth in claim 1, and also teaches the ventilation cooling system is designed to inject air, but does not teach
the air is at a cooling temperature comprised between 4°C and 65°C.
Tang teaches a pasteurization facility (Tang Translated Abstract)
the air is at a cooling temperature comprised between 4°C and 65°C (Tang Translated Document Claim 2 teaches: “cooling air temperature is 19 degrees centigrade”; therefore, Tang teaches the cooling air is at a cooling temperature of 19°C, which is within the claimed range)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen, by adding the teaching of the cooling air is at a cooling temperature of 19°C, as taught by Tang, in order to facilitate cooling by conveying sufficient cold air to and within the microwave cavity to provide sufficient air temperature for cooling the products being conveyed on the conveyor inside of the microwave cavity.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Ruozi Fig.7 (U.S. Patent No. 5,750,966 A, previously cited) in view of Ruozi Fig.17 (U.S. Patent No. 5,750,966 A, previously cited), Wu (CN 216448433 U, previously cited), Allen (U.S. Patent No. 6,534,306 B1, previously cited), and further in view of Liu (CN 101897467A, previously cited).
Regarding claim 13, Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen teaches the apparatus as set forth in claim 1, and also teaches:
wherein the air distribution orifices (distribution orifices of the distribution tube 56, Ruozi annotated Fig.17 below; as cited and incorporated in the rejection of claim 1 above) are located at a separation height (there is space between distribution orifices and conveyor belt 48, Ruozi Fig.17) above the conveyor line (conveyor belt 48, Ruozi Fig.17)
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Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen does not teach
the separation height being comprised between 10 cm and 15 cm.
Liu teaches an air distribution system that is located above a conveyor line (Liu Fig.1):
the separation height being comprised between 10 cm and 30 cm, instead of 10 cm to 15 cm as required by the claim (Liu Translated Document on page 7 Claim 1 teaches: “the drying device (51) is arranged above the functional transmission device (32) and there is a gap of 100-300mm between the drying device (51) and the planar transmission belt (322) of the functional transmission device (32)”; it is noted that Liu Translated Document on page 7 Claim 2 teaches the drying device 51 comprises an air pipe 511 and a vent hole 512; is it further noted that 100-300 mm is equal to 10-30 cm; therefore, Liu teaches air distribution orifices are located at a separation height of 10 cm to 30 cm above the conveyor line, which overlaps the claimed range of 10 cm to 15 cm. The courts have held that “[i]n the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists.”. MPEP 2144.05 I. In this case, the separation height of the prior art is between 10 cm to 30 cm which overlaps with the claimed separation height of between 10 cm to 15 cm, and therefore, prior art is an evidence of prima facie obviousness).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the separation height of Liu from between 10 cm to 30 cm to between 10 cm and 15 cm since it has been held that “[i]n the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists.”. MPEP 2144.05 I.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen, by making the air distribution orifices located above the conveyor line at a separation height of between 10 cm and 15 cm, as taught by modified Liu, in order to achieve sufficient gap between the air distribution orifices and the sealed food packages to effectively cool the sealed packages.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Ruozi Fig.7 (U.S. Patent No. 5,750,966 A, previously cited) in view of Ruozi Fig.17 (U.S. Patent No. 5,750,966 A, previously cited), Wu (CN 216448433 U, previously cited), Allen (U.S. Patent No. 6,534,306 B1, previously cited), and further in view of Horneff et al. (U.S. Patent No. 3,824,909 A, previously cited).
Regarding claim 14, Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen teaches the apparatus as set forth in claim 1, but does not teach:
wherein the air distribution orifices have an orifice dimension comprised between 3 mm and 10 mm.
Horneff discloses an air distribution duct (23, Horneff Fig.1):
wherein the air distribution orifices (air distribution orifices of air distribution duct 23, Horneff Fig.1) have an orifice dimension comprised between 3 mm and 10 mm (Horneff Col.4 lines 26-29 teaches: “In practice, highly advantageous results have been obtained using duct apertures or perforations of between 0.04 inch and 0.25 inch”; therefore, Horneff teaches the air distribution orifices have an orifice dimension comprised between 0.04 inch and 0.25 inch, which is equal to between 1.016 mm to 6.35 mm that overlaps with the claimed range. The courts have held that “[i]n the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists.”. MPEP 2144.05 I. In this case, the orifice dimension of the prior art is between 1.016 mm to 6.35 mm which overlaps with the claimed orifice dimension of between 3 mm and 10 mm, and therefore, prior art is an evidence of prima facie obviousness).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the orifice dimension of Horneff from between 1.016 mm to 6.35 mm to between 3 mm and 10 mm since it has been held that “[i]n the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists.”. MPEP 2144.05 I.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen, by making the orifice dimension of the air distribution orifices to be between 3 mm and 10 mm, as taught by modified Horneff, in order to accelerate and project the air over the packages at a sufficient velocity adapted to facilitate cooling to maintain a thermal equilibrium at the level of the packages seal film.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Ruozi Fig.7 (U.S. Patent No. 5,750,966 A, previously cited) in view of Ruozi Fig.17 (U.S. Patent No. 5,750,966 A, previously cited), Wu (CN 216448433 U, previously cited), Allen (U.S. Patent No. 6,534,306 B1, previously cited), and further in view of Ren (CN 105063733 A, previously cited).
Regarding claim 15, Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen teaches the apparatus as set forth in claim 1, and also teaches
wherein the air distribution orifices (distribution orifices of the distribution tube 56, Ruozi annotated Fig.17 below; as cited and incorporated in the rejection of claim 1 above) are spaced apart from each other by a given minimum spacing distance (Ruozi annotated Fig.17 below shows distribution orifices are spaced apart from each other by a given minimum spacing distance).
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Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen does not teach:
the minimum spacing distance being comprised between 40 mm and 50 mm.
Ren teaches an air pipe (302, Ren Fig.3) with plurality of air distribution orifices (3021, Ren Fig.3):
the minimum spacing distance being comprised between 40 mm and 50 mm (Ren Translated Document on page 3 – the second paragraph from the bottom teaches: “the inner diameter of the air pipe is 20-40 mm, inner diameter of said through hole is 2-6 mm, the distance between two adjacent through holes on the same air pipe 30-120 mm”; therefore, Ren teaches the minimum spacing distance being comprised between 30 mm and 120 mm, which overlaps the claimed range of between 40 mm and 50 mm. The courts have held that “[i]n the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists.”. MPEP 2144.05 I. In this case, the minimum spacing distance of the prior art is between 30 mm and 120 mm which overlaps with the claimed range of between 40 mm and 50 mm, and therefore, prior art is an evidence of prima facie obviousness).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the minimum spacing distance of air distribution orifices of Ren from between 30 mm to 120 mm to between 40 mm and 50 mm since it has been held that “[i]n the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists.”. MPEP 2144.05 I.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ruozi Fig.7 in view of Ruozi Fig.17, Wu and Allen, by making the minimum spacing distance of air distribution orifices to be between 40 mm and 50 mm, as taught by modified Ren, in order to uniformly distribute air across the microwave cavity, and accelerate and project the air over the packages at a sufficient velocity adapted to facilitate cooling to maintain a thermal equilibrium at the level of the packages seal film.
Conclusion
The following prior art(s) made of record and not relied upon is/are considered pertinent to Applicant’s disclosure.
Torngren et al. (U.S. Pub. No. 2018/0007922 A1) discloses a method and a system for decontamination the surface of food items such as meat pieces. A method includes obtaining at least one food item and/or at least one meat piece to be surface decontaminated, microwave treating the food item and/or the meat piece with microwaves in the range of 0.5-18 GHz such as 4-18 GHz, wherein the microwave treating is performed on at least one food item and/or meat piece which is packed in a packaging material, and/or the food item and/or meat piece pivot during microwave treating at least along two circular paths.
Mackay (U.S. Patent No. 9,440,795 B2) discloses apparatus and method for mass sterilization and pasteurization of food products. The apparatus includes a pressurizeable tunnel having a heating stage having microwave sources for irradiating food products so as to pasteurize or sterilize prepackaged food. The pressurizeable tunnel further includes a heat maintenance stage and product cooling stage.
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/THAO UYEN TRAN-LE/Examiner, Art Unit 3761 07/09/2026
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