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 9/18/2025 has been considered.
Claims 1 and 26 have been amended.
Claims 7-20 are cancelled.
Claims 1-6 and 21-34 are pending in the current application.
Claims 21-34 are withdrawn from consideration.
Claims 1-6 are examined in the current application.
Any rejections not recited below have been withdrawn.
Claim Rejections - 35 USC § 112
In view of the amendment filed on 9/18/2025, the rejection of claims 1-6 under 35 USC §112(b) has been withdrawn.
Claim Rejections - 35 USC § 103
Applicant’s arguments, filed on September 18th 2025 with respect to the rejection of claims 1-6 under 35 USC § 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Johal et al. (US 2012/0207890A1).
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 1-6 rejected under 35 U.S.C. 103 as being unpatentable over Ley et al. (USPatPub. 2009/0214728 A1) in view of Johal et al (USPatPub. 2012/0207890 A1).
Regarding claims 1, 2, 4 and 6: Johal discloses a spray dried low sodium salt composition comprising (a) 1-50wt% of one or more inorganic salts which are suitable for nutrition and are not sodium chloride (e.g., carbonate salt), (b) 10 to 90wt% of one or more mono- or polyvalent salts of polybasic food acids (c) 0.1 to 30wt% one or more amino acids, or salts thereof, which are suitable for nutrition and 0 to 20wt% sodium chloride (see Ley abstract; paragraphs [0022] and [0025]). Moreover, Ley discloses the mixture comprises one or more carrier substances (i.e., matrix polymer) wherein the ratio of the carrier substance to the rest of the mixture is 1:10 (see Ley paragraphs [0057]-[0060]) and the composition is spray dried to form particles of sizes from 30µm to 300µm (see Ley paragraphs [0054] and [0061]), but fails to disclose the particles are spherical or comprise the sodium chloride content recited; however, given the fact that spray dried compositions are known to be spherical (see Johal figures 1-4), sprayed dried low salt composition comprising 40-70wt% is known and conventional (see Johal abstract; paragraph [035]), it would have been obvious to a skilled artisan to modify Ley and to adjust the salt content to the claimed amount, as conventional in the art and arrive at the claimed limitations. Moreover, since the relative contents of the constituents recited in claims 1, 2, 4 and 6, overlap, the relative contents in Ley, and the particle size recited in claim 1 is close enough to the particle size in Ley, a prima facie case of obviousness exists (see MPEP §2144.05).
Regarding claim 3: Ley contemplates using the amino acid arginine (see Ley paragraph [0046]), succinic acid (see Ley paragraph [0031]), fumaric acid (see Ley paragraph [0031]), acetic acid (see Ley paragraph [0031]), potassium carbonate and magnesium carbonate (see Fey paragraphs [0024]-[0028]).
Regarding claim 5: Ley discloses the matrix polymer (i.e., carrier substance) comprises cyclodextrins, starches, degraded starches (starch hydrolysates), chemically or physically modified starches, modified celluloses, gum arabic, gum ghatti, tragacanth, karaya, carrageenan, guar bean flour, carob bean flour, alginates, pectin, inulin or xanthan gum (see Ley paragraph [0058]).
Response to Arguments
Applicant's arguments filed on September 18th 2025 have been fully considered but they are not persuasive.
Applicant argues the prior art references fail to render the claimed invention obvious, because the prior art references fail to disclose low salt compositions comprising sodium chloride at the claimed content. He examiner respectfully disagrees.
To clarify, Johal et al. discloses spray dried compositions are known to be spherical (see Johal figures 1-4) and sprayed dried low salt composition comprising 40-70wt% is known and conventional (see Johal abstract; paragraph [035]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASSAF ZILBERING whose telephone number is (571)270-3029. The examiner can normally be reached on M-F 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Erik Kashnikow can be reached on (571) 270-3475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ASSAF ZILBERING/Examiner, Art Unit 1792