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 September 4th 2025 has been considered.
Claims 19-21 are cancelled.
Claims 1-18 are pending and 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Any rejections not recited below have been withdrawn.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.
Claims 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over Vieira et al., (WO 2018/189275 A1).
Regarding claims 1 and 2: Vieira discloses a method for producing chocolate comprising mixing ingredients into cocoa mass, conching the cocoa mass and measuring the viscosity during the conching by pumping at least a portion of the cocoa mass along a recirculation loop (i.e., feedback loop) having a viscometer, and adding viscosity reducing compounds (e.g., emulsifier, cocoa butter) in order to attain a chocolate with a target viscosity (see Viera abstract; page 12, line 9 to page 13, line 30; page 27, line 34 to page 29, line 49), which meets the claimed limitations.
Moreover, Vieira discloses on page 11, line 47 to page 12, line 17 of adding viscosity altering substances (e.g., emulsifiers) until desired viscosity is attained. Recording the amount to setup a standard of content added over viscosity measured, is done with respect to any time a standard is established. Such as, amount of sweetener added to attain desired flavor.
-18: Vieira discloses determining the quantity of viscosity-reducing substance includes determining a difference between the measured viscosity value and a target viscosity value, which may be based on previously attained product with target viscosity, associating the difference to a basic quantity of viscosity-reducing substance (e.g., emulsifier, cocoa butter) to be added based on a reference model, the basic quantity having a margin of error extending to a maximum quantity and to a minimum quantity from the basic quantity, and selecting, for the quantity of viscosity- reducing substance to be added, a value different from the basic quantity, but within the margin of error (see Vieira abstract; page 7, line 14 to page 13, line 39; page 38, lines 23-29; page 27, line 34 to page 29, line 49).
Conclusion
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/ASSAF ZILBERING/Examiner, Art Unit 1792