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 .
Declaration
The Declaration under 37 CFR 1.132 filed 03/23/2026 was received and is considered herein. The office appreciates Thomas Veer’s time, education and experience in this matter.
The Affidavit was considered and found to not be persuasive. Examiner’s response is discussed in detail below.
Response to Amendment
In applicant’s reply on 03/23/2026, the claims were amended. Based on these amendments, revised rejections under 35 U.S.C. 103 can be found below, as well as rejections of new claims.
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 (i.e., changing from AIA to pre-AIA ) 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 30, 32, 34-35, and 37, 40-42 are rejected under 35 U.S.C. 103 as being unpatentable over Rajhoria (“Ghee”, in IDS filed 08/26/2021) in view of Mackereth (US 2013/0078356 A1, in IDS filed 01/09/2023), as evidenced by Anne (“What’s Really Happening When You Churn Butter?”).
Regarding Claim 30, Rajorhia discloses a method for producing ghee (method of ghee manufacture Pg. 1 Col. 2 Par. under “Method of Manufacture”; “Methods of AMF Production” Pg. 6 Col. 1; AMF can be used to make ghee Pg. 6 Col 2. Par. under “Uses of AMF”)
the method comprising: providing cream (cream separator Pg. 2 Col. 1 Par. Under “Creamery Butter Method”)
concentrating by centrifugal separation into an oil fraction as an intermediate product and a serum fraction (desludging by centrifugation to remove most of the aqueous phase Pg. 6 Col. 2 Par. 1)
boiling the oil fraction (returned to heat exchanger for temperature adjustment; layer of fat is heated, usually to 110°C Pg. 2 Col. 2 Par. 2 under “Prestratification Method”)
setting, immediately before or during the boiling of the oil fraction, a defined solids-non-fat content by supplying an amount of 0.5-10 wt.% of at least one milk product (addition of 5% dahi powder and heating the mixture to 120 C Pg. 6 Col. 2 Par. under “Conversion of AMF to Ghee”)
and clarifying the boiled oil with the at least one milk product to produce ghee having a fat content of at least 99.0 wt.% (final clarification Pg. 2 Col. 2 Par. 2; fat content of AMF 99.3-99.8%, ghee 99.6% Table 2)
wherein the method is a continuous method for producing ghee (continuous gheemaking first section of Pg. 3).
Rajorhia does not disclose concentrating the cream to form a concentrated cream having a fat content of 65-85 wt.%, performing phase inversion of concentrated cream by shearing to form a serum-containing oil, or an oil fraction as an intermediate product having a milk fat content less than 99.0 wt.%, or the at least one milk product is previously separated by the steps of the method, wherein the at least one milk product previously separated by the steps of the method is skim milk obtained by separating whole milk into the skim milk and the cream, alpha serum obtained from the cream separated from the whole milk, the serum fraction, or the buttermilk.
Mackereth, in the same field of endeavor, teaches concentrating the cream to form a concentrated cream having a fat content of 65-85 wt.% (high fat cream prepared from whole milk and low fat cream by known concentration methods Par. 0091; 70-85% lipid Par. 0026)
performing phase inversion by shearing to form a serum-containing oil (subjecting to shear forces to convert into a water-in-oil emulsion Par. 0007). Though Mackereth teaches phase inversion of cream rather than the phase inversion of butter of the invention, as Rajorhia teaches churning cream into butter, it would have been obvious to one having ordinary skill in the art to apply the phase inversion to the butter of Rajorhia.
and an oil fraction as an intermediate product having a milk fat content less than 99.0 wt.% (removing water resulting in a water-in-oil emulsion with 85-99.5% lipid Par. 0007)
supplying, before or during boiling at least one milk product previously separated by the steps of the method to the oil fraction, wherein the at least one milk product previously separated by the steps of the method is skim milk obtained by separating whole milk into the skim milk and the cream, alpha serum obtained from the cream separated from the whole milk, the serum fraction, or the buttermilk (cohesive mixture of concentrated milk fat and one or more milk powders, amount of each is chosen to obtain a desired target composition Par. 0106; whole milk separated into skim milk and cream Par. 0118; skim milk may be dried to produce skim milk powder Par. 0116; Milk powder may be skim milk powder Par. 0055). As Mackareth discloses the skim milk powder is produced in the production of cream, it would have been obvious to apply this to the cream separation process of Rajorhia (cream separator Pg. 2 Col. 1 Par. Under “Creamery Butter Method”), therefore using a previously separated milk product. Further, it would have been obvious for one to apply the skim milk powder of Mackereth in place of the milk product of Rajorhia in the same concentration and adjust to desired taste.
It would have been obvious to one having ordinary skill in the art to modify the invention of Rajorhia with that of Mackereth. One having ordinary skill in the art would have been motivated to make this modification to produce an improved alternative lipid product suitable for shipping (Mackereth Par. 0006).
Regarding Claim 32, Rajorhia further discloses the boiling in step is performed in a tube or a boiling kettle at a temperature between 100-130°C (butter is pumped into ghee boiler Pg. 2 Col. 2 Par. 2; steam jacketed ghee kettle Pg. 2 Col. 1 Par. under “Creamery Butter Method”; layer of fat is heated, usually to 110°C Pg. 2 Col. 2 Par. 2 under “Prestratification Method”).
Regarding Claim 34, Rajorhia further discloses after concentrating or boiling, sediment is drained from a boiling kettle (ghee is pumped via an oil filter or clarifier into settling tanks Pg. 2 Col. 2 Par. 2). As the ghee is drained to the settling tanks, the sediment is caught in a filter, therefore the sediment is additionally drained from the ghee kettle.
Regarding Claim 35, Rajorhia does not disclose the concentration of the cream is performed at a temperature of 45-95°C.
Mackareth discloses the concentration of the cream is performed at a temperature of 45-95°C (centrifuged to separate into skim milk and cream Par. 0137; separated at 65°C Par. 0128). Though Mackareth is silent regarding the temperature while centrifuging to separate the skim milk and cream, one having ordinary skill in the art would reasonably use the temperature Mackareth provides for a similar separation. It would have been obvious to further modify the invention of Rajorhia and Mackereth with the separation process of Mackereth. One having ordinary skill in the art would have been motivated to make this modification to produce an improved alternative lipid product suitable for shipping Mackereth Par. 0006).
Regarding Claim 37, Rajorhia does not disclose the shearing is performed by a homogenizer or a shear pump.
Mackareth discloses the shearing is performed by a homogenizer or a shear pump (shearing in second step, second step using homogenizer Par. 0009). It would have been obvious to further modify the invention of Rajorhia and Mackereth with the homogenizer of Mackereth. One having ordinary skill in the art would have been motivated to make this modification to produce an improved alternative lipid product suitable for shipping Mackereth Par. 0006).
Regarding Claim 40, Rajorhia further discloses the clarification is performed by a centrifuge (fed to a centrifuge to remove last traces of solids and reduce moisture (Pg. 6 Col. 2 Par. 1).
Regarding Claim 41, modified Rajorhia further discloses the steps a-g or a-h are performed successively (see rejection of claim 30)
wherein execution of the steps is performed in a plant having a plurality of machine elements (cream separator, butter churn, butter melting outfits, steam jacketed stainless steel ghee kettle with agitator and process controls, etc. Pg. 2 Col. 1 Par. under “Creamery Butter Method”)
wherein the plurality of machine elements are connected to one another to form a production line, such that the method steps a-g or a-h are carried out in the production line (pumps and pipelines interconnecting these facilities Pg. 2 Col. 1 final Par. – Col. 2 Par. 1).
Regarding Claim 42, Rajorhia teaches a method for producing ghee (method of ghee manufacture Pg. 1 Col. 2 Par. under “Method of Manufacture”; “Methods of AMF Production” Pg. 6 Col. 1; AMF can be used to make ghee Pg. 6 Col 2. Par. under “Uses of AMF”)
a continuous method for producing the ghee (continuous gheemaking first section of Pg. 3).
separating cream (cream separator Pg. 2 Col. 1 Par. Under “Creamery Butter Method”)
concentrating by centrifugal separation into an oil fraction as an intermediate product and a serum fraction (desludging by centrifugation to remove most of the aqueous phase Pg. 6 Col. 2 Par. 1)
boiling the oil fraction (returned to heat exchanger for temperature adjustment; layer of fat is heated, usually to 110°C Pg. 2 Col. 2 Par. 2 under “Prestratification Method”)
setting, immediately before or during the boiling of the oil fraction, a defined solids-non-fat content by supplying an amount of 0.5-10 wt.% of at least one milk product (addition of 5% dahi powder and heating the mixture to 120 C Pg. 6 Col. 2 Par. under “Conversion of AMF to Ghee”)
and clarifying the boiled oil with the at least one milk product to produce ghee having a fat content of at least 99.0 wt.% (final clarification Pg. 2 Col. 2 Par. 2; fat content of AMF 99.3-99.8%, ghee 99.6% Table 2).
Rajorhia does not disclose providing whole or raw milk; separating the whole or raw milk into cream and skim milk; concentrating the cream to form a concentrated cream having a fat content of 65-85 wt.%; phase inverting the concentrated cream by shearing to form a serum- containing oil; an oil fraction as an intermediate product having a milk fat content of less than 99.0 wt.%; the at least one milk product is previously separated by steps of the method, wherein the at least one milk product previously separated by the steps of the method is the skim milk, alpha serum obtained from the cream, the serum fraction, or the buttermilk.
Mackereth, in the same field of endeavor, teaches providing whole or raw milk, separating the whole or raw milk into cream and skim milk (whole milk separated into skim milk and cream Par. 0118)
concentrating the cream to form a concentrated cream having a fat content of 65-85 wt.% (high fat cream prepared from whole milk and low fat cream by known concentration methods Par. 0091; 70-85% lipid Par. 0026)
performing phase inversion by shearing to form a serum-containing oil (subjecting to shear forces to convert into a water-in-oil emulsion Par. 0007). Though Mackereth teaches phase inversion of cream rather than the phase inversion of butter of the invention, as Rajorhia teaches churning cream into butter, it would have been obvious to one having ordinary skill in the art to apply the phase inversion to the butter of Rajorhia.
and an oil fraction as an intermediate product having a milk fat content less than 99.0 wt.% (removing water resulting in a water-in-oil emulsion with 85-99.5% lipid Par. 0007)
supplying, before or during boiling at least one milk product previously separated by the steps of the method to the oil fraction, wherein the at least one milk product previously separated by the steps of the method is skim milk obtained by separating whole milk into the skim milk and the cream, alpha serum obtained from the cream separated from the whole milk, the serum fraction, or the buttermilk (cohesive mixture of concentrated milk fat and one or more milk powders, amount of each is chosen to obtain a desired target composition Par. 0106; whole milk separated into skim milk and cream Par. 0118; skim milk may be dried to produce skim milk powder Par. 0116; Milk powder may be skim milk powder Par. 0055). It would have been obvious for one to apply the skim milk powder of Mackereth in place of the milk product of Rhajoria in the same concentration and adjust to desired taste.
It would have been obvious to one having ordinary skill in the art to modify the invention of Rhajoria with that of Mackereth. One having ordinary skill in the art would have been motivated to make this modification to produce an improved alternative lipid product suitable for shipping (Mackereth Par. 0006).
Claim 31, 36 and 43 are rejected under 35 U.S.C. 103 as being unpatentable over Rhajoria in view of Mackareth, further in view of Bell (“Is Whole Milk Better Than Low-Fat and Skim Milk?”)
Regarding Claim 31, Rhajoria discloses the cream has 25-45 wt.% fat (cream 35% fat Pg. 6 Col. 1 “Direct Process” Par. below “Methods of AMF Production”).
Rhajoria does not disclose the provision of cream involves providing whole or raw milk having 2-10 wt.% fat to cream and separating the whole or raw milk at a temperature of 4-65°C to form the cream
Mackareth discloses the provision of cream involves providing whole or raw milk to cream (high fat cream prepared from whole milk and low fat cream by known methods Par. 0091)
and separating the whole or raw milk at a temperature of 4-65°C to form the cream (centrifuged to separate into skim milk and cream Par. 0137; separated at 65°C Par. 0128). Though Mackareth is silent regarding the temperature while centrifuging to separate the skim milk and cream, one having ordinary skill in the art would reasonably use the temperature Mackareth provides for a similar separation. It would have been obvious to further modify the invention of Rhajoria and Mackereth with the separation process of Mackereth. One having ordinary skill in the art would have been motivated to make this modification to produce an improved alternative lipid product suitable for shipping Mackereth Par. 0006).
Mackareth is silent regarding the fat content of the whole milk.
Bell, in the same field of endeavor, discloses whole milk having 2-10% milkfat (3.25 % milkfat Pg. 2 Par. 4). It would have been obvious to modify the invention of Rhajoria and Mackereth with the milk fat content of Bell. One having ordinary skill in the art would have been motivated to make this modification to have a milk with higher omega-3 content (Bell Pg. 2 Table 1).
Regarding Claim 36, Rhajoria does not disclose the concentration of the cream is performed starting from milk with a fat content of 2-10 wt.% to cream having a fat content of 65-85 wt.%.
Mackareth discloses the concentration of cream is performed starting from milk (high fat cream prepared from whole milk and low fat cream by known methods Par. 0091)
to cream having a fat content of 65-85 wt.% (high fat cream 70-85% lipid Par. 0026)
It would have been obvious to further modify the invention of Rhajoria and Mackereth with the separation process of Mackereth. One having ordinary skill in the art would have been motivated to make this modification to produce an improved alternative lipid product suitable for shipping Mackereth Par. 0006).
Mackareth is silent regarding the fat content of the whole milk.
Bell, in the same field of endeavor, discloses whole milk having 2-10% milkfat (3.25 % milkfat Pg. 2 Par. 4). It would have been obvious to modify the invention of Rhajoria and Mackereth with the milk fat content of Bell. One having ordinary skill in the art would have been motivated to make this modification to have a milk with higher omega-3 content (Bell Pg. 2 Table 1).
Regarding Claim 43, modified Rhajoria teaches the limitations of claim 42. Rhajoria further teaches cream having 25-45 wt.% fat (cream 35% fat Pg. 6 Col. 1 “Direct Process” Par. below “Methods of AMF Production”).
Rhajoria does not teach the provided whole or raw milk has 2-10 wt.% fat to cream and the separating of the whole or raw milk is performed at a temperature of 4-65°C.
Mackareth discloses separating the whole or raw milk at a temperature of 4-65°C to form the cream (centrifuged to separate into skim milk and cream Par. 0137; separated at 65°C Par. 0128). Though Mackareth is silent regarding the temperature while centrifuging to separate the skim milk and cream, one having ordinary skill in the art would reasonably use the temperature Mackareth provides for a similar separation. It would have been obvious to further modify the invention of Rhajoria and Mackereth with the separation process of Mackereth. One having ordinary skill in the art would have been motivated to make this modification to produce an improved alternative lipid product suitable for shipping Mackereth Par. 0006).
Mackareth does not teach the provided whole or raw milk has 2-10 wt.% fat to cream.
Bell, in the same field of endeavor, discloses whole milk having 2-10% milkfat (3.25 % milkfat Pg. 2 Par. 4). It would have been obvious to modify the invention of Rhajoria and Mackereth with the milk fat content of Bell. One having ordinary skill in the art would have been motivated to make this modification to have a milk with higher omega-3 content (Bell Pg. 2 Table 1).
Response to Arguments
Applicant’s arguments, see Par. 4 of Page 10, filed 03/23/2026, with respect to Claim 18 have been fully considered and are persuasive. The rejections of Claims 18-23, 25, and 28-19 have been withdrawn. Independent claims 30 and 42 remain rejected, as well as their dependent claims. Response to the filed declaration and arguments directed to those rejected claims can be found below.
Specifically, applicant’s argument that the applied art does not teach phase inversion of a water-in-fat emulsion is persuasive. The examiner agrees that the applied art which teaches phase inversion of a fat-in-water emulsion does not render phase inversion of a water-in-fat emulsion obvious. Consideration in view of the state of the art can be found in the below Allowable Subject Matter.
The Declaration under 37 CFR 1.132 filed 03/23/2026 is insufficient to overcome the rejections of claims 30-32, 34-37, 40-43 based upon Rhajoria and Mackereth, evidenced by Anne applied under 35 USC 103 as set forth in the last Office action because:
It is asserted that one would not have been motivated to modify the creamery butter method with steps of the Semidirect AMF, Conversion of AMF to Ghee, and Prestratification processes of Rajorhia. One would have been motivated to modify the creamery butter method with the centrifugal separation of the Semidirect AMF method as an alternative to the removal of solids using a ladle of creamery butter method, which one would assume to be more efficient (Pg. 2 Col. 2; desludging Pg. 6 Col. 2). One would be motivated to further modify the creamery butter method with boiling of the oil fraction of the Prestratification method to lower fuel consumption and save in time and labor (Pg. 2 Par. 2). One would then be motivated to further modify the creamery butter method with the addition of a milk product of the Conversion of AMF to ghee method to enhance the flavor of the product (Pg. 6 Col. 2).
One of Ordinary Skill in the Art Would Have Understood that Processing Steps of the Different Methods of Ghee Production are Designed Based on the Overall Method of Production
It is asserted that each of the steps of Rajorhia are distinct steps which impact the properties of the product of the preceding step. The examiner understands that different embodiments are being combined the teach the claimed invention and that is why the rejection is under 35 U.S.C. 103, it is obvious rather than anticipated. The purpose of a method step is to change the product, therefore, one having ordinary skill in the art would have expected that applying a particular step would have an impact on the product of the preceding step and would use that knowledge to arrive at a different product. And it would have been a prima facie case of obviousness to do so as it is the use of known technique to improve a similar product or device in same way, as well as known work may prompt variations if the variations are predictable to one of ordinary skill in the art. KSR, 550 U.S. at 416, 82 USPQ2d at 1395. See MPEP 2143.I. To overcome the rejection, examiner urges applicant to offer persuasive evidence that the method steps of the present invention have unpredictable or unexpected results. See MPEP 716.01(c) for guidance on objective evidence for persuasive arguments.
It is asserted that one having ordinary skill in the art would not consider the AMF product of Rajorhia to have a fat content which is considered AMF. Rajorhia clearly defines the fat content of its products, which is acceptable regardless of how their definitions compare to other sources. And that taught fat content falls within the claimed fat content for both Rajhoria’s ghee and AMF.
One of Ordinary Skill in the Art Would Not Have Found it Obvious to Modify the Creamery Method to Boil the Product Discussed in Connection With the Prestratification Method
It is asserted that one having ordinary skill in the art would not have boiled a concentrated oil fraction having milk fat content of less than 99.0 wt% of the Creamery Butter method to the 110°C of the Prestratification method because the Creamery Butter method already uses a temperature of 110°C to adjust flavor. It is further asserted that applying the temperature of the prestratification method to the creamery butter heating step product would result in a burnt tasting product. The creamery butter heating step is relied on for step c, heating butter to a temperature of between 45 and 90°C, resulting in melted butter. The prestratification process is applied instep f to the product of step e following the creamery butter heating step because the prestratification process heats butter which has had the buttermilk and moisture removed prior to heating at 110°C to eliminate the need for prolonged heating for evaporation of the moisture, and results in the formation of a significantly low quantity of ghee residue (Pg. 2 Col. 2). The heating of the creamery butter method and the prestratification method are applied to different steps of the present claims and are heating different products.
melting the butter and heating the melted butter to a temperature of between 45 and 90°C (raise temperature to 90°C Pg. 2 Col. 2 Par. 2; Creamery Butter method)
concentrating by centrifugal separation into an oil fraction as an intermediate product and a serum fraction (desludging by centrifugation to remove most of the aqueous phase Pg. 6 Col. 2 Par. 1; Semidirect AMF Process)
boiling the oil fraction (returned to heat exchanger for temperature adjustment; layer of fat is heated, usually to 110°C Pg. 2 Col. 2 Par. 2; Prestratification method). This temperature, 110°C, falls within the range applicant teaches for the boiling temperature of the oil, 100°C-130°C, in claim 23 below and the top of Pg. 6 of the specification filed 08/26/2021.
One of Ordinary Sill in the Art Would Not Have Understood Rajorhia’s Semidirect AMF Manufacture Method as Concentrating a Serum-Containing Oil to an Intermediate Product Having a Milk Fat Content of Less than 99.0 wt%
It is asserted that Rajorhia’s Semidirect AMF process does not disclose a fat content as a result of the desludging process. Rajorhia is not relied on for the fat content of the intermediate product, Mackareth is relied on for that aspect (removing water resulting in a water-in-oil emulsion with 85-99.5% lipid Par. 0007). As Rajorhia does not disclose a fat content after desludging, one would have been motivated to look to the art for this aspect.
It is further asserted that it would not have been obvious apply the desludging of the Semidirect AMF method to the Creamery Butter method because it would remove all of the solids which provide the flavor required by ghee. The desluding/concentrating step (e) is prior to the addition of the at least one milk product step (g) which is relied on to add the ghee flavor into the product (Rajorhia Pg. 6 Col. 2 Par. 4; Conversion of AMF into Ghee), which would result in a final product which is ghee.
One of Ordinary Skill in the Art Would Not Have Found it Obvious to Modify the Creamery Butter Method to Boil an Oil Faction Concentrated to Have a Milk Fat Content of Less than 99.0 wt%
It is asserted that modifying the creamery butter method to boil an oil fraction with a milk fat content of less than 99.0 wt.% would result in a product with a fat content less than the desired 99.8 wt.%. The creamery butter method is silent regarding the milk fat content of the product which is boiled (Rajorhia Pg. 2) and therefore the creamery butter method is not relied on. As outlined in pages 4-5 of the present rejection, Mackareth is relied on for the milk fat content of the step prior to boiling (step e), which would have an oil fraction having a milk fat content of less than 99% (Mackareth Par. 0007). The oil fraction with Mackareth’s milk fat content is then boiled in the following step, step f, by applying the prestratification method (Rajorhia Pg. 2 Col. 2), therefore the component which being boiled is an oil fraction with a milk fat content of less than 99%, as is claimed. Upon applying steps f (Rhajoria, Prestratification method Pg. 2 Col. 2), g (Rajorhia, conversion of AMF to Ghee Pg. 6 Col. 2) and h (Rajorhia, creamery butter method Pg. 2 Col. 2), the fat content is increased to higher than 99.0%, according to Table 2. Therefore, the increase in milk fat content is reliant upon applying other methods found within Rajorhia, not solely the creamery butter method.
It is further asserted that there is no motivation to add the milk product of Rajorhia’s Conversion of AMF to Ghee section because the Direct Creamery method already produces a product which has ghee flavors. As applicant argued above, the clarification of the Semidirect AMF method which is applied prior to the addition of the milk product removes some or all of the solids of the product which contribute to much of the flavor and one would have been motivated to use the milk product of the Conversion of AMF to Ghee section to replace some of the flavor which may have been lost during that process. Additionally, one could add the milk product to amplify the existing flavors of the product.
Mackereth Discloses Heating, Phase Inversion, and Concentrating to Achieve an AMF Wt. % Content
It is asserted that the method of Mackereth requires additional process steps to achieve the 99.8% milk fat content of ghee. Firstly, it is noted that the final product of the invention as claimed has a fat content of at least 99.0 wt. %. Moreover, Mackereth is relied on to teach the fat content of the intermediate product as well as addition of a milk product, which is further clarified in step h (taught by Rajorhia) to increase fat content.
One of Ordinary Skill in the Art Would Not Have Found it Obvious to Modify the Creamery Butter Method to Add a Milk Product Discussed in Connection with Converting AMF to Ghee
It is asserted that Rajorhia does not add the milk product with the purpose of setting the solids-non-fat content. The processes of both the present application and that of modified Rajorhia teach the addition of the milk product followed solely by a clarifying step. Therefore, the impact of the milk product addition on the SNF content of the product would be the same between the two. Rajorhia’s silence regarding SNF does not take away the impact that the addition of the milk product has on the invention’s SNF.
It is further asserted that the milk product is added to a product with a milk fat content of 99.0 wt. % rather than the at least 99.0 wt.% of the final product. The product in which the milk product is added is further processed with the final clarification of the Direct Cream method, which is at a temperature above boiling, so it could reasonably drive off moisture and increase the fat content to the claimed at least 99.0 wt. %, which is the fat content of the final products of Rajorhia (fat content of AMF 99.3-99.8%, ghee 99.6% Table 2).
It is further asserted that adding the at least one milk product prior to boiling of the creamery butter method would result in unintended changes to the end product. Rajorhia is relied on to teach adding at least one milk product to the oil fraction immediately prior to heating as claimed. The product which is being boiled is substantially identical to that which is claimed as it is produced through the same method steps as claimed. Therefore, one would expect the product of modified Rajorhia to have the same properties as that of the present invention.
Applicant's arguments filed 03/23/2026 have been fully considered but they are not persuasive.
Applicant argues that because the AMF of Rajorhia is taught to have an almost identical makeup to ghee, the milk product is not added with the purpose of setting the solids-non-fat content. The processes of both the present application and that of modified Rajorhia teach the addition of the milk product followed solely by a clarifying step. Therefore, the impact of the milk product addition on the SNF content of the product would be the same between the two. Rajorhia’s silence regarding SNF does not take away the impact that the addition of the milk product has on the invention’s SNF.
Applicant argues the dahi of Rajorhia is not taught to be a previously separated from the method. As seen in the rejection above, Mackereth teaches a skim milk powder which has been previously separated (whole milk separated into skim milk and cream Par. 0118; skim milk may be dried to produce skim milk powder Par. 0116), which one could have used in place of the dahi powder of Rajorhia.
Allowable Subject Matter
Claims 18-23, 25 and 28-29 are allowed.
The following is an examiner’s statement of reasons for allowance:
The prior art has failed to disclose or reasonably suggest a method for producing ghee, the method comprising: a. providing cream; b. churning the cream to form butter and buttermilk; c. melting the butter and heating the melted butter to a temperature between 45 and 90°C; d. performing phase inversion of the melted butter by shearing to form a serum-containing oil; e. concentrating the serum-containing oil by centrifugal separation into an oil fraction as an intermediate product having a milk fat content less than 99.0 wt.% and a serum fraction; f. boiling the oil fraction; g. setting, immediately before or during the boiling of the oil fraction, a defined solids-non-fat content by supplying an amount of 0.5-10 wt.% of at least one milk product previously separated by steps of the method to the oil fraction, wherein the at least one milk product previously separated by the steps of the method is skim milk obtained by separating whole milk into the skim milk and the cream, alpha serum obtained from the cream separated from the whole milk, the serum fraction, or the buttermilk; and h. clarifying the boiled oil fraction with the at least one milk product to produce ghee having a fat content of at least 99.0 wt.%, wherein the method is a continuous method for producing the ghee. Specifically, the art fails to disclose performing phase inversion of the melted butter by shearing to form a serum-containing oil.
Regarding claim 18, the closest prior art, Rajhoria (“Ghee”) teaches a method for producing ghee (method of ghee manufacture Pg. 1 Col. 2 Par. under “Method of Manufacture”; “Methods of AMF Production” Pg. 6 Col. 1; AMF can be used to make ghee Pg. 6 Col 2. Par. under “Uses of AMF”)
the method comprising: providing cream (cream separator Pg. 2 Col. 1 Par. Under “Creamery Butter Method”)
churning the cream to form butter (butter churn separator Pg. 2 Col. 1 Par. Under “Creamery Butter Method”)
melting the butter and heating the melted butter to a temperature of between 45 and 90°C (raise temperature to 90°C Pg. 2 Col. 2 Par. 2)
concentrating by centrifugal separation into an oil fraction as an intermediate product and a serum fraction (desludging by centrifugation to remove most of the aqueous phase Pg. 6 Col. 2 Par. 1)
boiling the oil fraction (returned to heat exchanger for temperature adjustment; layer of fat is heated, usually to 110°C Pg. 2 Col. 2 Par. 2 under “Prestratification Method”). This temperature, 110°C, falls within the range applicant teaches for the boiling temperature of the oil, 100°C-130°C, in claim 23 below and the top of Pg. 6 of the specification filed 08/26/2021.
setting, immediately before or during the boiling of the oil fraction, a defined solids-non-fat content by supplying an amount of 0.5-10 wt.% of at least one milk product (addition of 5% dahi powder and heating the mixture to 120 C Pg. 6 Col. 2 Par. under “Conversion of AMF to Ghee”)
and clarifying the boiled oil fraction with the at least one milk product to produce ghee having a fat content of at least 99.0 wt.% (final clarification Pg. 2 Col. 2 Par. 2; fat content of AMF 99.3-99.8%, ghee 99.6% Table 2)
wherein the method is a continuous method for producing ghee (continuous gheemaking first section of Pg. 3)
Regarding churning the cream to form butter and buttermilk, Rajorhia discloses using a churn to produce butter, but is silent regarding buttermilk. As evidenced by Anne (“What’s Really Happening When You Churn Butter?”), the process of churning butter produces buttermilk as a byproduct (cream separates into butter and buttermilk Par. 6 of reply), therefore the churning process of Rajorhia would additionally produce buttermilk.
Rajorhia does not teach performing phase inversion of the melted butter by shearing to form a serum-containing oil or an oil fraction as an intermediate product having a milk fat content less than 99.0 wt.%, or the at least one milk product is previously separated by the steps of the method, wherein the at least one milk product previously separated by the steps of the method is skim milk obtained by separating whole milk into the skim milk and the cream, alpha serum obtained from the cream separated from the whole milk, the serum fraction, or the buttermilk.
A secondary reference, Mackereth (US 2013/0078356 A1) teaches an oil fraction as an intermediate product having a milk fat content less than 99.0 wt.% (removing water resulting in a water-in-oil emulsion with 85-99.5% lipid Par. 0007)
supplying, before or during boiling at least one milk product previously separated by the steps of the method to the oil fraction, wherein the at least one milk product previously separated by the steps of the method is skim milk obtained by separating whole milk into the skim milk and the cream, alpha serum obtained from the cream separated from the whole milk, the serum fraction, or the buttermilk (cohesive mixture of concentrated milk fat and one or more milk powders, amount of each is chosen to obtain a desired target composition Par. 0106; whole milk separated into skim milk and cream Par. 0118; skim milk may be dried to produce skim milk powder Par. 0116; Milk powder may be skim milk powder Par. 0055). As Mackareth discloses the skim milk powder is produced in the production of cream, it would have been obvious to apply this to the cream separation process of Rajorhia (cream separator Pg. 2 Col. 1 Par. Under “Creamery Butter Method”), therefore using a previously separated milk product. Further, it would have been obvious for one to apply the skim milk powder of Mackereth in place of the milk product of Rajorhia in the same concentration and adjust to desired taste.
It would have been obvious to one having ordinary skill in the art to modify the invention of Rajorhia with that of Mackereth. One having ordinary skill in the art would have been motivated to make this modification to produce an improved alternative lipid product suitable for shipping (Mackereth Par. 0006).
Mackereth teaches phase inversion of cream (Par. 0007), it does not teach performing phase inversion of melted butter by shearing to form a serum-containing oil.
The art teaches phase inversion of cream (oil-in-water) to form butter (water-in-oil) as seen in Mackereth; however, the art does not teach phase inversion of butter (water-in-oil) to form a serum-containing oil. As the phase inversion of the present invention occurs on a different phase than that of the art, one would not be motivated to phase invert the butter of the present invention and expect the same benefits seen in phase inversion of cream. For example, benefits seen in Mackereth like improving shipping stability (Par. 0006) would not be expected from the phase inversion of the melted butter of the present invention. Therefore, it would not have been obvious to one having ordinary skill in the art to perform a phase inversion of the butter of the present invention.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/A.M.R./Examiner, Art Unit 1792
/ERIK KASHNIKOW/Supervisory Patent Examiner, Art Unit 1792
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