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 .
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-10, 12 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Velissariou(US 2006/0210689) in view of Canada.ca(Novel Food Information-CoffeeBerry whole fruit derivatives.
Regarding claims 1-3, Velissariou teaches a juice product comprising:
A coffee berry juice that is pretreated to reduce the browning of the whole coffee berry([0006], abstract, [0024], citric acid is added which according to the instant spec reduces browning),
wherein the coffee berry juice wherein the coffee berry juice has detectable amounts of Limonene, and y-Terpinene before addition to the juice product([0060])
Wherein the coffee berry juice is reduced to a pH at 3 to 3.3 using citrus juice(citric acid) before adding to ([0024])
Velissariou does not specifically teach that the coffee berry juice is whole coffee berry juice. However, Canada.ca teaches a whole coffee berry powder that is formed by washing, drying, and grinding a whole coffee fruit(p.1). The powder can then be used to make beverages, aka, juice. Canada.ca teaches that the serving of the powder comprises 15mg to 120mg of total chlorogenic acids(p.2). Assuming an 8oz serving, 1L of juice would comprise 510mg to 4,080mg of chlorogenic acid(34 oz=IL). It would have been obvious to form the juice of Velissariou with whole coffee berries as taught in Canada.ca in order to achieve a higher amount of chlorogenic acid(polyphenols), which are known to provide health benefits.
Velissariou does not teach the presence of alpha pinene, beta pinene, and myrcene in the juice. However, Velissariou in view of Canada.ca teaches forming a whole coffee berry juice as claimed. Therefore, one of ordinary skill in the art would expect the components in the whole coffee berry to be included in the whole coffee berry juice, including alpha pinene, beta pinene, and myrcene.
Regarding claim 4, Velissariou teaches that the level of caffeine can be controlled or manipulated in the final beverage([0021]). Therefore, it would have been obvious to adjust the concentration of caffeine depending on consumer preference.
Regarding claim 5, Velissariou teaches that the coffee berry is Coffea Arabica([0021]).
Regarding claim 6, Velissariou teaches that the coffee berry is Coffea Arabica and not Coffea canephora as claimed. Therefore, the further choice of Coffea canephora is not limiting.
Regarding claim 7, Velissariou is silent on the Coffea arabica coffee strain. However, it would have been obvious to select the appropriate strain depending on the taste profile desired in the beverage.
Regarding claims 8 and 9, Velissariou teaches that the use of citric acid([0024]) which is a pH modifier and enzymatic oxidation modifier.
Regarding claim 10, Velissariou teaches that the juice can comprise fruit juice but is silent on the exact type of fruit juice. However, it would have been obvious to select the appropriate strain depending on the taste profile desired in the beverage.
Regarding claim 12, Velissariou teaches that the juice product comprises about 0.07 mg/ml to about 0.30mg/ml(70 to 300mg/L) caffeine(abstract).
Regarding claim 13, Velissariou teaches that the juice product comprises 8 Brix([0057]).
Response to Arguments
Applicant's arguments filed 12/31/2025 have been fully considered but they are not persuasive.
The arguments pertaining to Suzuki and Velissariou not teaching a whole coffee berry juice are moot due to the new grounds of rejection(see rejection above). The applicant argues that Velissariou does not teach the presence of alpha pinene, beta pinene, and myrcene in the juice. However, Velissariou in view of Canada.ca teaches forming a whole coffee berry juice as claimed. Therefore, one of ordinary skill in the art would expect the components in the whole coffee berry to be included in the whole coffee berry juice, including alpha pinene, beta pinene, and myrcene.
Conclusion
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/KATHERINE D LEBLANC/Primary Examiner, Art Unit 1791