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
Response to Amendment
All rejections not repeated in this Office Action have been withdrawn.
Claims 5 and 8 are currently pending in this Office Action.
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) 5, 7-13, 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Koike et al. (JP 2019083826- cited in IDS filed 13 May 2022) in view of Ota (JP 2011142881 A- see machine translations) and Knutson (US 4,132,810).
Regarding Claim 5, Koike discloses a method for producing a molded food product which is a meat-like food or a fish-meat-like food (meat dishes, fish balls, paragraph 13), comprising:
a composition comprising an aqueous dispersion (water, paragraph 27) of a thermocoagulable β-1,3-glucan (curdlan, paragraph 12),
an oil or fat (vegetable fats and oil, paragraph 13), and
a food material (meat dishes, paragraph 13).
While it can be construed that the combination of the thermocoagulable, oil or fat, and a food material, as a whole, forms an aqueous dispersion mixed with a food material, Ota is relied on to further teach a process of combining curdlan, and oil to form an aqueous dispersion (see Page 5, last paragraph following ‘MODE-FOR-INVENTION’) where 4g of curdlan of an aqueous suspension and 20g of salad oil were added and stirred. This produces a food material that has a unique texture of flesh and fat that is closer to meat (page 6, second paragraph). Since Koike is also directed to a combination comprising water, curdlan, and an oil or fat to improve the texture of meat products, it would have been obvious to one of ordinary skill in the art to provide a mixture of curdlan with an oil and fat in an aqueous dispersion based on the desired texture of the processed meat product. See also In re Burhans, 154 F.2d 690, 69 USPQ 330 (CCPA 1946) (selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results).
While Koike is directed to a molded food product, Koike is silent to producing a multi-layer body molded food product comprising the steps of:
(1) Molding a layer 1 by pouring into a mold a raw material for a molded food product, (2-1) molding a layer 2 by spreading thermocoagulable β-1,3-glucan powder over the layer 1 or (2-2) molding a layer 2 by pouring an aqueous dispersion comprising a thermocoagulable β-1,3-glucan powder on the layer 1; and (3) repeating the prior steps to thereby form a multilayer body consisting of a plurality of layers comprising the layer 1 formed by the raw material for a molded food product, followed by heat-treating of the multilayer body.
Knutson is relied on to teach a molded food product, particularly a food product that resembles bacon (fabricated bacon product, see abstract). Knutson discloses a process of arranging layers of the food product to resemble the meat and fat layers of bacon (Col. 4, Ln. 62-Col. 5, Ln. 4), wherein the layering is done within a pan (thereby being molded) and then heated (Col. 5, Ln. 10-22). It is construed that layering encompasses the steps of repeating. It is noted that the term “layering” to simulate bacon suggest more than two layers and therefore encompasses repeating the steps of layering layer 1 and 2.
Since Knutson is also directed to a molded food product, it would have been obvious to one of ordinary skill in the art to form a multilayer molded food product for the purpose of producing a molded food product that resembles bacon. Note that since step 2-2 recite an “aqueous dispersion comprising thermocoagulable β-1,3-glucan” which reads on the structure of layer 1, the claim reads on two adjacent and identical layer 1 of molded food product comprising an aqueous dispersion of thermocoagulable β-1,3-glucan. Therefore, Knutson is further relied on to teach a degree of random dispersion of white in lean and lean in white maybe accomplished to further simulate real bacon, which is construed such that certain layers may repeat to form a degree of random dispersion. Therefore, the combination would suggest repeating the layer comprising the thermocoagulable β-1,3-glucan of Koike and thus reads on the claimed molded multilayer food product.
Regarding Claims 8, Koike discloses wherein the aqueous dispersion comprises starch (paragraph 25).
Response to Arguments
Applicant’s arguments in the remarks filed 7 Oct 2025 has been considered, but is found not persuasive over the prior art.
Applicant argues on the basis that the prior art combination fails to describe or suggest the claimed invention as required by Claim 5. However, the argument is rendered moot in view of the new grounds of rejection as presented above. That is, step (2-2) reads on repeating layer 1 because layer 1 is also an aqueous dispersion comprising a thermocoagulable β-1,3-glucan. Therefore, since Knutson is relied on to modify the molded food product into a layered molded food product to resemble meat-like products such as bacon, and further teaches that the layering may comprise a degree of random dispersion of white in lean and lean in white to simulate real bacon, it is seen that the combination suggest the claimed invention.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THANH H NGUYEN whose telephone number is (571)270-0346. The examiner can normally be reached 10am-6pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Erik Kashnikow can be reached at 571-270-3475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/T.H.N/Examiner, Art Unit 1792
/ERIK KASHNIKOW/Supervisory Patent Examiner, Art Unit 1792