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 .
DETAILED ACTION
Status of Claims
Note: The amendment of August 5th 2025 has been considered.
Claims 1, 5, 7, 8, 10, 11, 14-16 and 21 have been amended.
Claims 2, 6, 9, 13 and 19-22 are cancelled.
Claims 1, 3-5, 7, 8, 10-12, 14-18, 20, 21 and 23-25 are pending in the current application.
Claims 1, 3-5, 7, 11, 12, 16-18 and 20 are withdrawn from consideration.
Claims 8, 10, 14, 15, 21 and 23-25 are examined in the current application.
Any rejections not recited below have been withdrawn.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35 of the U.S. Code not included in this action can be found in a prior Office action.
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 8, 10, 14, 15 and 24 are rejected under 35 U.S.C. 103(a) as being unpatentable over NPL “Tayebat” (from https://web.archive.org/web/20131022235059/http://prebiotik-probiotik.serianggerik.com/tayebat.html) in view of NPL Crus Figueroa-Espinoza et al., “Grape seed and apple tannins – Emulsifying and antioxidant properties” (Food Chemistry 178 (2015) 38-44) and NPL Mhinzi “Intra-Species Variation of The Properties of Gum Exudates From Acacia Senegal Var. Senegal and Acacia Seyal Var. Fistula From Tanzania” (from Bull. Chem. Soc. Ethiop. 2003, 17(1), 67-74).
Regarding claims 8-10, 19 and 22: Tayebat discloses a mixture of the gum arabic extracts from acacia seyal and acacia senegal to be blended with water in order to promote the health of the consumer (see Tayebat page 1), which reads on claim 8: “[a] composition comprising gum arabic, and an added phenol source selected from bark, polyphenols, gallic acid, and a second gum arabic”, claim 10: “[t]he composition of claim 9 wherein the gum arabic from acacia seyal is selected from gum arabic of acacia seyal var. seyal, acacia seyal var. fistula and mixtures thereof”.
As to the relative content of tannins recited in claim 8 and the and the variety of the acacia seyal and acacia senegal recited in clam 10: Tayebat discloses that tannins are detected in the mixture (see Tayebat page 2), but fails to disclose the relative content of the tannins, or the variety of the acacia seyal and acacia senegal; However, Mhinzi acknowledges the commercial value of tannins and discloses acacia senegal var. senegal exudate comprises 0.3wt%-0.6wt% tannins and acacia seyal var. fistula comprises 0.6wt%-1.2wt% tannins (see Mhinzi abstract; page 70 second paragraph; table 2), which is higher than 700ppm. While Mhinzi also acknowledges the tannin content may vary within the same acacia species variety, depending on factors, such as, the age of the acacia trees (see Mhinzi page 70, second paragraph), Espinoza discloses tannins are antioxidants that stabilize emulsions comprising oil and water and can be added to food or beverages (see Espinoza abstract; page 39, left column and bottom of right column). Therefore, it would have been obvious to a skilled artisan at the time the application was filed to select gum arabic extracts from acacia seyal and acacia senegal varieties with sufficient levels of tannins and/or added tannins in order to attain a composition that is stabilized, and thus arrive at the claimed limitations. As set forth in MPEP §2144.05 discovering an optimum value of a result effective variable, involves only routine skill in the art.
Regarding claims 14 and 15: Espinoza discloses tannins are antioxidants that stabilize emulsions comprising oil and water and can be added to food or beverages (see Espinoza abstract; page 39, left column and bottom of right column).
Claims 8, 10, 14, 15, 21 and 23-25 are rejected under 35 U.S.C. 103(a) as being unpatentable over NPL Mhinzi “Intra-Species Variation of The Properties of Gum Exudates From Acacia Senegal Var. Senegal and Acacia Seyal Var. Fistula From Tanzania” (from Bull. Chem. Soc. Ethiop. 2003, 17(1), 67-74) in view of NPL Crus Figueroa-Espinoza et al., “Grape seed and apple tannins – Emulsifying and antioxidant properties” (Food Chemistry 178 (2015) 38-44).
Regarding claims 8, 10, 19, 21 and 23-25: Mhinzi discloses acacia seyal var. fistula comprises 0.6wt%-1.2wt% tannins (see Mhinzi abstract; page 70 second paragraph; table 2), which reads on claim 8: “[a] composition comprising gum arabic…wherein the composition has a tannin content >700ppm (w/w)…”, claim 10: “[t]he composition of claim 9 wherein the gum arabic from acacia seyal is selected from gum arabic of acacia seyal var. seyal, acacia seyal var. fistula and mixtures thereof”. Mhinzi acknowledge the commercial value of tannins and that the tannin content may vary within the same acacia species variety, depending on factors, such as, the age of the acacia trees (see Mhinzi abstract; page 70 second paragraph), but fails to disclose additional source of phenols; However, Espinoza discloses phenols (e.g., tannins) are antioxidants that stabilize emulsions comprising oil and water and can be added to food or beverages (see Espinoza abstract; page 39, left column and bottom of right column). Therefore, it would have been obvious to a skilled artisan at the time the application was filed to select gum arabic extracts from acacia seyal varieties with sufficient levels of phenols and/or add additional phenols in order to attain a composition that is stabilized to the desired level, and thus arrive at the claimed limitations. As set forth in MPEP §2144.05 discovering an optimum value of a result effective variable, involves only routine skill in the art.
Regarding claims 14 and 15: Espinoza discloses tannins are antioxidants that stabilize emulsions comprising oil and water and can be added to food or beverages (see Espinoza abstract; page 39, left column and bottom of right column).
Response to Arguments
Applicant's arguments filed on August 5th 2025 have been fully considered but they are not persuasive.
Applicant argues the prior art references fail to render the claimed invention obvious, because neither Tayebat, nor Mhinzi disclose the additional phenol and its effect. The examiner respectfully disagrees.
While Tayebat and Mhinzi fail to disclose an additional source of phenol, Espinoza discloses phenols (e.g., tannins) are antioxidants that stabilize emulsions comprising oil and water and can be added to food or beverages (see Espinoza abstract; page 39, left column and bottom of right column). Therefore, it would have been obvious to a skilled artisan at the time the application was filed to select gum arabic extracts from acacia seyal varieties with sufficient levels of phenols and/or add additional phenols in order to attain a composition that is stabilized to the desired level, and thus arrive at the claimed limitations. As set forth in MPEP §2144.05 discovering an optimum value of a result effective variable, involves only routine skill in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASSAF ZILBERING whose telephone number is (571)270-3029. The examiner can normally be reached M-F 8:30-5:00.
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/ASSAF ZILBERING/Examiner, Art Unit 1792