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 .
This office action is in response to amendment filed on 5/27/26. The claims are not amended. Claims 1,3-4,7-8,13-15,19-20,55 are pending.
Claim Rejections - 35 USC § 103
Claim(s) 1,3-4,7-8,13-15,19-20, 55 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bowman (WO 2018/195220) in view of Huntsman ( 2016/0128367), Yang ( CN 101283789) and Sekiguchi ( WO 2006059541).
For claims 1,8 Bowman disclose a composition comprising a protein source, a starch source from flour of plant, vitamin and mineral, nutritious oil and additional flavorings. The composition comprises about 1-20 grams of plant-derived protein per serving. The protein can be provided in the form of a flour and can be selected from combination of chickpea, soy. The starch source is selected from plant flour including peanut flour. The multi-vitamin supplement includes vitamin A, B, D, C and E and minerals includes calcium, copper, iron, magnesium, phosphorus, potassium, zinc and manganese. The composition comprises daily value of essential vitamins and minerals. ( see paragraphs 0023-0024, 0030,0033,0039,0041,0044,0046,0048,0050,0058-0059) For claim 8, the claim does not recite a specific ingredient; the glycan equivalent can be any material in the same class of ingredient. For instance, another legume can be used for chickpea and soy or another nut can be used for peanut. Bowman discloses other legumes and other nuts. The Bowman composition does not contain milk, powdered milk or milk product.
For claims 13-14, Bowman discloses the oil including vegetable oil such as canola, coconut, corn, etc.. ( see paragraph 00109)
For claim 19, Bowman discloses the oil including animal fat such and the oil can be one or more oil. ( see paragraph 00109).
For claim 20, Bowman discloses the composition comprises sugar which is sucrose. ( see paragraph 00105)
Bowman does not disclose the kcal, the protein ratio, fat ratio, the fat gram and the inclusion of green banana as in claim 1, the kcal as in claim 3, the ranges as in claim 4, the ratio as in claim 7, and the soybean amount as in claim 15 and the fat ratio as in claim 55.
Huntsman discloses stable convenient whole food nutritional supplement. The food includes chickpeas, peanut, legumes, fiber and vitamins and minerals. Huntsman teaches whole food source such as banana can be added. ( see paragraphs 0055, 0056,0015,0007)
Yang discloses a method for preparing green banana powder. The banana power is used in flavoring. The green banana is a source of resistant starch which is a dietary fiber. ( see abstract, page 3)
Sekiguchi discloses gelatinous food base. Sekiguchi teaches adding flavoring imparting agent including fragrance, fruit etc. Fragrances such as orange, strawberry, banana etc.. can be used. ( see paragraphs 0037, 0038)
Bowman teaches other ingredients including flavorings. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add green banana as a flavoring source when such taste is desired. Huntsman shows that banana is added to nutritional food comprising ingredients similar to Bowman. Yang teaches to use green banana powder as flavorings. Sekiguichi discloses to use banana for fragrance and flavoring. The inclusion of green banana would have been an obvious matter of taste preference. One of ordinary skill in the art would also have been motivated to add green banana powder as taught in Yang because it’s a source of resistant starch which is a dietary fiber. The inclusion of green banana further enhances the nutrition of the Bowman food product. Bowman discloses that the food comprises 1-20 gram protein and example 1 on page 31 shows a 100 g serving. Thus, it is obvious the amount of protein is per 100 g serving and the amount of fat in example 1 is 3 gram/100 g serving. Since the protein provides 1-20 gram and including chickpea, soy flour, the protein already falls within the claimed range. Bowman discloses in paragraph 0024 that the composition comprises a daily value of essential vitamins and mineral and discusses the leading causes of hidden hunger at young age. The amount of Kcal, protein and fat ratios can readily be calculated from the macronutrients. It is known carbohydrates provides 4 cal, protein is 4 cal and fat is 9 cal. In example 1 of Bowman, the kcal would be approximate 405kcal for 70.7 gram of carbohydrate, 24 gram of protein and 3 gram of fat. It would have been obvious to one of ordinary skill in the art to determine the kcal depending on the amount of protein, flour, fat and flavoring such as banana included in the composition. It would have been obvious to one of ordinary skill in the art to vary the kcal by varying the amount of fat, protein and other ingredients depending the intended consumer and the nutrition desired to provide. It would have been readily obvious to determine the protein and fat ratio once the kcal is known. It would have been obvious to include the chickpea, peanut flour, soy flour and banana in varying ratio depending on the taste, nutrition, flavor desired. Such parameter can readily be determined by one of ordinary skill in the art through routine experimentation. It would have been obvious to one of ordinary skill in the art to use soybean oil as using a known alternative ingredient to perform the same function of providing a fat source. The amount to use would have been an obvious matter of taste preference.
Response to Arguments
Applicant's arguments filed 5/27/26 have been fully considered but they are not persuasive.
In the response, applicant argues that Yang does not teach or suggest that green banana is a flavoring source. Applicant contends Yang teaches a method of processing green raw material with dextrin and optionally mild powder and sugar to produce a banana resistant starch product which removes the original green banana taste. While Yang discloses treating the green banana, Yang explicitly discloses on page 3 that the powder “ keeps the original color and flavor of the various raw material” and the powder is used as flavoring to food products. This is an explicit disclosure that green banana is a flavoring. The present of resistant starch does not take away the flavoring.
With regard to the Sekiguchi reference, applicant argues Sekiguchi is silent as to green banana. This argument is not persuasive. The disclosure of banana without specific restriction encompasses all varieties of banana including green banana. The difference between green banana and ripe banana is the level of sugar as the banana is sweeter when it’s ripe. It would have been obvious to one skilled in the art to select green banana as flavoring when desired to not have the high sugar content. The selection would have been an obvious matter of choice. Applicant further argues that Sekiguchi is directed to gelatinous food. The reference is only upon to show that banana is a flavoring ingredient. One skilled in the art would choose banana as flavoring ingredient in any food when such flavoring is desired.
Contrary to applicant’s assertion, the rejection provides explicit evidence of using banana, including green banana as flavoring ingredient. In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). In the instant case, the knowledge is clearly disclosed in the prior art. It’s not gleaned from applicant’s disclosure.
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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July 28, 2026
/LIEN T TRAN/Primary Examiner, Art Unit 1793
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