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 July 24th 2025 has been considered.
Claims 1-15 are pending in the current application.
Claims 11-15 are withdrawn from consideration.
Claims 1-10 are examined in the current application.
Any rejections not recited below have been withdrawn.
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.
Claims 1-10 are rejected under 35 U.S.C. 112(b), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
Regarding claim 7: The phrase “[t]he method according to claim 1, further comprising...a step of preparing a raw material oil and/or fat containing mono chloropropanols in an amount of 2 ppm by mass or less” renders the claim indefinite, because it is unclear what is the preparation step contemplated by applicant. The claim fails to define and/or positively recite any method steps of preparing the claimed raw material oil and/or fat. Correction and/or explanations is/are required.
Regarding claims 8-10: In view of the fact that dependent claims 8-10 depend on independent claim 7, and since independent claim 7 is rejected under 35 U.S.C. 112 (pre-AIA ), second paragraph as being indefinite, claims 8-10 are rejected as being indefinite for depending on an indefinite claim.
Moreover regarding claims 1-6: While claims 1-6 recite the second and third steps of the claimed method, given the fact claims 7-10 recite the first step of the claimed method and are rejected as being indefinite, claims 1-6 reciting the second and third steps of the claimed method are also rejected as being indefinite.
Allowable Subject Matter
The closest prior art, Sandoz (USPatPub. 2014/0018560 A1) discloses a method of refining crude palm oil to remove monochloropropandiols (MCPDs), i.e., chloropropanols/hydrocarbons having 20 to 35 carbon atoms that are saturated (see Sandoz abstract; paragraph [0029]). Crude palm oil, which is known to have over 10ppm MCPD was refined by Sandoz to attain a product with less than 0.3ppm MCPD (see Sandoz paragraph [0053]). While Sandoz discloses the refining procedure includes acid treatment, bleaching with a bleaching clay (i.e., alkaline composition) deodorization with steam (i.e., steam distillation) at over 235°C under vacuum, wherein the whole process lasts about 30-45 minutes (see Sandoz paragraphs [0060]-[0070]; example in paragraphs [0078] – [0086]), Sandoz fails to disclose repeating the steam distillation step twice at the varying temperature and pressure ranges recited in claims 1-6.
Conclusion
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/ASSAF ZILBERING/Examiner, Art Unit 1792
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