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 .
Preliminary Amendment
Acknowledgment is made of the preliminary amendment filed on 1/24/2025. Claims 3, 5 and 6 are cancelled. Claims 7-12 are new. Accordingly, Claims 1,2,4 and 7-12 are pending for consideration on the merits in this Office Action.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/24/2025 was filed before the first Office action on the merits. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: reference number 4 in Figures 1 and 3. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1,2 and 7-12 are objected to because of the following informalities:
Regarding Claim 1, the recitation of “a pressure greater than or equal to atmospheric” should be - - a pressure greater than or equal to atmospheric pressure - - for clarity.
Regarding Claim 4, the recitation of “continuously or semicontinuously collecting of…” should be - - continuously or semi-continuously collecting …- - for clarity.
Appropriate correction is required.
Claims 2 and 7-12 are objected to based on dependency from an objected claim.
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 1,2,4 and 7-12 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, 2, 7, 8, 10 and 11, the recitations of “the matrix” lacks proper antecedent basis in the claims.
In particular, the claim recites a liquid, semi-liquid or pasty matrix in line 2 of claim 1.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
For examination purposes, the limitation “the matrix” has been interpreted as - - the liquid, semi-liquid or pasty matrix- - for clarity.
Regarding Claim 1, the recitations of “the product” lacks proper antecedent basis in the claims.
In particular, the product could refer to “the matrix”, “the matrix drops” or resulting frozen granules, particles or beads from the liquid, semi-liquid or pasty matrix.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
For examination purposes, the limitation “the product” has been interpreted as - - a product- - for clarity.
Regarding Claims 1, the term “high molecular density zone” is a relative term which renders the claims indefinite.
The terms “high” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Thus, as used to qualify the molecular density of a zone above a surface of the cryogenic fluid, the terms render the same indeterminate and the claim (and all claims depending therefrom) indefinite with regard to the scope of protection sought thereby.
Regarding Claims 1, the term “the gasified drops” lacks proper antecedent basis in the claims.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
For examination purposes, the limitation “the gasified drops” has been interpreted as - - the gasified liquid, semi-liquid or pasty matrix drops- - for clarity
Regarding Claims 9 and 12, the recitations of “cake machines” renders the claim unclear.
In particular, claim 1 describes a method of forming deep-frozen, dissolved-gas-rich granules, particles or beads from a liquid, semi-liquid or pasty matrix. The inclusion of “cake machines” among categories renders the claim unclear in light of “a liquid, semi-liquid or pasty matrix” such as food drinks, cosmetic milks, suspensions of living materials, fluid creams for the face, dessert creams, fruit puree and fresh seaweed preparations.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claims 1,2,5 and 7-12 are rejected based on dependency from a rejected claim.
Claim Rejections - 35 USC § 103
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.
Claims 1,2,4 and 7-12 are rejected under 35 U.S.C. 103 as being unpatentable over Jones (US5126156A) in view of Bonu (DE2635117A1).
Regarding Claim 1, Jones teaches a method of forming deep-frozen, dissolved-gas-rich granules, particles or beads [beads B, Figure 1] from a liquid, semi-liquid or pasty matrix [a dairy-based alimentary composition C for freezing, Figure 1; col. 4, lines 56-62], comprising:
dispensing the liquid, semi-liquid or pasty matrix in a form of drops [where the composition C is pumped by pump 31 through apertures 34 to drip into freezing chamber 12 as droplets D, Figure 1; col. 5, lines 1-18]; and
cryogenizing the liquid, semi-liquid or pasty matrix drops by immersion in a cryogenic fluid [where the droplets D fall downwardly in freezing chamber 12 to contact cold nitrogen gas from pool of liquid nitrogen P, Figure 1; col. 5, lines 15-23];
evaporation of the cryogenic fluid [where nitrogen gas rapidly vaporizes from the pool of liquid nitrogen; col. 5 in chamber 12, Figure 1, lines 15-21], increasing a number of gas molecules in a high molecular density zone located above a surface of the cryogenic fluid [above pool P, Figure 1, where nitrogen gas rapidly vaporizes from the pool of liquid nitrogen; col. 5 in chamber 12, Figure 1, lines 15-21] and on a path of the liquid, semi-liquid or pasty matrix drops before their immersion in the cryogenic fluid [where droplets D fall downwardly in the freezing chamber and contact cold nitrogen gas rapidly vaporizing from the pool of liquid nitrogen P in chamber 12, Figure 1; col. 5, lines 15-21], the high molecular density zone being created by carrying out cryogenization of the drops within a closed chamber [freezing chamber 12, Figure 1] provided with a vent [vents 29 on walls 14,16 near top of freezing chamber 12, Figure 1; col. 4, lines 44-55] sized to allow evacuation of the gas generated by the evaporation of the cryogenic fluid by natural convection [where vents 29 serve to release rising nitrogen vapor from chamber 12, where exhaust can be controlled manually by venting through an exit pipe which is controlled by a damper; col. 4, lines 44-55] and to keep the inside of the chamber at a pressure greater than or equal to atmospheric [where the vents 29 serve to prevent pressure build-up; col. 4, lines 44-55, where the liquid nitrogen is set to maintain temperature between -300 °F to -320 °F; col. 4, lines 8-12 where one of ordinary skill in the art would understand the freezing chamber maintains at least atmospheric pressure, refer to pertinent art below],
the method further comprising extracting the cryogenized granules, particles or beads [where auger 36 collects beads B from bottom of pool P, Figure 1; col. 1, lines 24-31], by maintaining the sealing of the chamber [where liquid refrigerant is not withdrawn, Figure 1; col. 1, lines 24-31], preventing the gas contained in the chamber from escaping [where auger 36 collects beads B below the surface of liquid refrigerant pool P at a 45 ° angle, where liquid refrigerant is not withdrawn, Figure 1; col. 1, lines 24-31],
and does not teach gasifying the liquid, semi-liquid or pasty matrix by incorporating a gas, wherein gasifying the liquid, semi-liquid or pasty matrix comprises dissolving the gas generated by evaporation of the cryogenic fluid in the liquid, semi-liquid or pasty matrix drops, the dissolution being carried out by increasing a number of gas molecules in the high molecular density zone located above the surface of the cryogenic fluid and on a path of the liquid, semi-liquid or pasty matrix drops before their immersion in the cryogenic fluid, carrying out the gasification of the gassified liquid, semi-liquid or pasty matrix drops within the closed chamber, however, the claim language does not require the prior art to perform an additional method step nor does it require additional structure beyond claim 1. If a prior-art apparatus or process in its normal and usual operation, necessarily performs the claimed method, the unrecognized step can be inherent. Therefore, the claimed properties are presumed to be inherent. MPEP § 2112.01, refer to pertinent art below.
Jones does not teach gasifying the liquid, semi-liquid or pasty matrix so that a product is at least saturated with the gas.
However, Bonu teaches a method for producing ice cream by homogenizing an ice cream mass and subsequently deep-freezing the ice cream mass in a freezing zone [0003] including gasifying the liquid, semi-liquid or pasty matrix [ice cream mass;0008] so that a product is at least saturated with the gas [where the invention adds a gas to the ice cream mass before homogenization; 0008; where the gas consists of carbon dioxide and/or nitrogen; 0012; where the gas that is carried through this pipe allows for the greatest possible swelling of the ice cream mass through the trapped gas bubbles; 0013] where one of ordinary skill in the art would have been capable of applying routine optimization of a known result effective variable, gas content, to achieve a recognized result, i.e., improving the product quality by inhibiting bacterial growth by exclusion of oxygen [Bonu; 0012].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Jones to have gasifying the liquid, semi-liquid or pasty matrix so that the product is at least saturated with the gas in view of the teachings of Bonu where the modification constitutes routine optimization of a known result-effective variable to achieve a recognized result, i.e., improving the product quality by inhibiting bacterial growth by exclusion of oxygen [Bonu; 0012].
Regarding Claim 2, Jones, as modified, teaches wherein gasifying the liquid, semi-liquid or pasty matrix comprises gasifying the liquid, semi-liquid or pasty matrix [refer to the rejection of claim 1 above in view of []] at a pressure greater than or equal to atmospheric pressure [where the vents 29 serve to prevent pressure build-up; col. 4, lines 44-55, where the liquid nitrogen is set to maintain temperature between -300 °F to -320 °F; col. 4, lines 8-12 where one of ordinary skill in the art would understand the freezing chamber maintains at least atmospheric pressure, refer to pertinent art]
Regarding Claim 4, Jones, as modified, teaches the invention of claim 2 and further teaches continuously or semi-continuously collecting of supersaturated granules, particles or beads from the cryogenic fluid [where auger 36 is for collecting the beads at the bottom of chamber 12 and rotates at substantially 10-100 revolutions per minute; col. 5, lines 24-39].
Regarding Claim 7, Jones, as modified, teaches the invention of claim 2 and further teaches where the liquid, semi-liquid or pasty matrix drops [Droplets D, Figure 1] are dispensed by gravitational flow into the cryogenic fluid [where the droplets D of composition C fall downwardly in the freezing chamber, Figure 1; col. 5, lines 15-23].
Regarding Claim 8, Jones, as modified, teaches the invention of claim 2 and further teaches where the step of cryogenizing the liquid, semi-liquid or pasty matrix drops [droplets D, Figure 1] to form supersaturated granules, particles or beads [beads B, Figure 1; refer to the rejection of claim 1 above] is carried out by immersion in a cryogenic fluid bath [pool P, Figure 1] in the same chamber [chamber 12, Figure 1] as that in which the gasification is carried out [where droplets D of composition fall downwardly in the freezing chamber and contact cold nitrogen gas rapidly vaporizing from the pool of liquid nitrogen P at the bottom of the chamber 12; col. 5, lines 15-24; refer to the rejection of claim 1 above].
Regarding Claim 9, Jones, as modified teaches the invention of claim 2 and further teaches where the method is applied to one of the following products: food drinks or dessert creams [an alimentary dairy product; col. 4, lines 56-62]
Regarding Claim 10, Jones, as modified, teaches the invention of claim 1 and further teaches where the liquid, semi-liquid or pasty matrix drops [Droplets D, Figure 1] are dispensed by gravitational flow into the cryogenic fluid [where the droplets D of composition C fall downwardly in the freezing chamber, Figure 1; col. 5, lines 15-23].
Regarding Claim 11, Jones, as modified, teaches the invention of claim 1 and further teaches where the step of cryogenizing the liquid, semi-liquid or pasty matrix drops [droplets D, Figure 1] to form supersaturated granules, particles or beads [beads B, Figure 1; refer to the rejection of claim 1 above] is carried out by immersion in a cryogenic fluid bath [pool P, Figure 1] in the same chamber [chamber 12, Figure 1] as that in which the gasification is carried out [where droplets D of composition fall downwardly in the freezing chamber and contact cold nitrogen gas rapidly vaporizing from the pool of liquid nitrogen P at the bottom of the chamber 12; col. 5, lines 15-24; refer to the rejection of claim 1 above].
Regarding Claim 12, Jones, as modified, teaches the invention of claim 1 and further teaches where the method is applied to one of the following products: food drinks or dessert creams [an alimentary dairy product; col. 4, lines 56-62]
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Jensen et al. (US4741166A) discusses the boiling point of liquid nitrogen at atmospheric pressure is approximately -320.4° F and it varies about 1.23° F for each pound per square inch of pressure variation. That is if pressure is raised one pound per square inch the boiling point of liquid nitrogen goes up to -319.1 ° F and the boiling point in a tank of liquid increases as depth of liquid increases, col. 2, lines 13-29.
Noll (Noll, C.I. and Supplee, G.C., "Factors affecting the gas content of milk." Journal of Dairy Science 24.12 (1941): 993-1013, [retrieved on 8/18/2026]. Retrieved from Internet<DOI: https://doi.org/10.3168/jds.S0022-0302(41)70225-0>) teaches the effect of temperature and pressure on the gas content of milk shown to follow the well-known physical laws governing the solubility of gases in liquids, p.999-1000, The Effect of Pressure. Milk flushed with nitrogen at atmospheric pressure shows increased nitrogen content, p. 1002, Table 12.
Kamiya (US20030015101A1) discusses a method of sterilization by substituting the dissolved oxygen in milk or the like with nitrogen gas, 0001, where in a comparative test example 2, reconstituted skim milk containing about 10 ppm of dissolved oxygen was subjected to a nitrogen gas substitution by being sprayed into nitrogen gas substituting tank 11, Figure 1, in a nitrogen gas atmosphere, 0029. The opening and closing valve of tank 11 6c, Figure 1 is kept open during operation. Kamiya further discusses where the nitrogen gas-substituted and sterilized products showed particular excellence, 0053.
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/KEONA LAUREN BANKS/Examiner, Art Unit 3763
/ELIZABETH J MARTIN/Primary Examiner, Art Unit 3763
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