DETAILED ACTION
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/12/26 was filed after the mailing date of the last Office action on 12/12/25. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
The objections and/or rejections not repeated in this Office Action have been withdrawn.
Claims 1, 9, 10-11, 13-14, 16-17, 19-20, 22-30, 32-33, 35-37, 39-40, 42-44, 46-48, 49-51, 53-56, 58-59, 61-67, 69-71, 73-109, 111-121 and 133 are being examined.
Claims 122-132 were previously withdrawn as being directed to non-elected subject matter.
Claims 2-8, 12, 15, 18, 21, 31, 34, 38, 41, 45, 48, 52, 57, 60, 68, 72, 110 were previously canceled.
Claim 1 has been amended to delete the limitation of “two or more of”, and the claim now requires the inclusion of all seed materials of legume seed, roasted oil plant seed, and roasted fruit seed materials.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 9-11, 13-14, 16-17, 19-20, 24-26, 29-30, 32-33, 35-36, 39-40, 42-44, 46-47, 49-51, 55-56, 58-59, 71, 73-74, 82-83, 92, 94-95, 98-100, 104-107, 111-113, 116 and 118-120 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abu-Hardan et al. [US20190174792A1], hereinafter Abu, in view of Aftoora [US20150072046A1], evidenced by Guo et al. [Influence of roasting condition on flavor profile of sunflower seeds: A flavoromics approach, 2019], hereinafter Guo, and Kaur et al. [Lipid profile of hyperlipidemic males after supplementation of multigrain bread containing sunflower seed flour, 2020], hereinafter Kaur.
Regarding claim 1, Abu teaches a butter replica (fat based confectionery, butters or spreads) [Abu, 0299, 0381, 0389] comprising:
A solid substrate (solid “bran-like” or bran particles/material within the fat base) [Abu, 0159, 0390] comprising plant seed (seed, shells or pits) material [Abu, 0242-0245], wherein the plant seed material comprises a legume seed material [Abu, 0252], roasted (may be roasted/toasted) [Abu, 0247] oil plant seed material (i.e., coconut) [Abu, 0245] , and a roasted fruit seed (i.e., mango pits, date palm fruit pits, toasted/roasted fruit seeds) material [Abu, 0245-0248, and 0459];
one or more volatile organic compounds (VOCs) [Abu, 0130-0132]; and
one or more non-volatile compounds (sugar [Abu, 0304], proteins, citric acid [Abu, 0457, 0459, 0460]);
wherein:
the one or more VOCs comprise at least 2,3-dimethylpyrazine [Abu, 0130];
the legume seed material is lentil [Abu, 0252];
the roasted oil plant seed material is coconut by-products (coconut flour), palm kernel [Abu, 0245], oil palm kernel [Abu, 0393], wherein said plant seed material may be roasted/toasted [Abu, 0247-0248, 0458-0459]; and
the roasted fruit seed material is mango pits/seeds [Abu, 0243, 0245], citrus (nectarine) pit/seeds [Abu, 0243, 0245], olive seeds/pits [Abu, 0243, 0245], roasted date palm fruit [Abu, 0248], toasted/roasted fruit seeds [Abu, 0459].
Abu teaches the butter replica from legume, roasted oil plant and roasted fruit seed materials (fat based confectionery, butters or spreads) [Abu, 0299, 0381, 0389] as discussed above is suitable for making confectionery products including butter equivalents and butter replacers (cocoa butter equivalents/ replacers), but does not explicitly recites the butter replica is specifically a nut butter replica.
Aftoora teaches a nut butter replica (seed butter resembling traditional peanut butter) made from roasted oil plant seeds (i.e., roasted sunflower seeds) other than peanuts [Aftoora, 0005], where said seed butter made from roasted oil plant seed material is suitable for producing a butter having a smooth consistency resembling a traditional peanut butter [Aftoora, 0005, 0033].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a nut butter replica from roasted oil plant seeds as taught by Aftoora, into the butter replica from legume, roasted oil plant and roasted fruit seed materials (fat based confectionery, butters or spreads) of Abu, since Abu is already interested in providing fat based compositions for making peanut butter flavored products [Abu, 0384], and fat based/cream fillings [Abu, 0390] or coatings [Abu, 0413], and because both Abu and Aftoora use the same raw material ingredients (roasted oil plant seeds) where Aftoora explicitly teaches the peanut butter replica is suitable for making the same food products as Abu [Abu, 0383-0384] such as confectionery foods, bakery products, cookies, cakes, or any type of food where peanut butter is used, by incorporating the nut butter replica into these products [Aftoora, 0031].
Regarding claim 9, modified Abu teaches the nut butter replica of claim 1, wherein the one or more VOCs comprise at least 2-methylpyrazine [Abu, 0130].
Regarding claim 10, modified Abu teaches the nut butter replica of claim 1, wherein the product comprise 2,3,5-trimethylpyrazine and other pyrazines that are the same as those being claimed (i.e., 2-ethyl-3-methylpyrazine) [Abu, 0131], wherein the amount of pyrazines is monitored during roasting, and while Abu does not explicitly teach wherein the specific pyrazine of 2,3,5-trimethylpyrazine is present in an amount of no greater than about 4 ppm (4000 ppb), Abu teaches that in one embodiment a total content of pyrazines (all pyrazine compounds) may be less than 200 ppb (0.2 ppm) or completely free of pyrazine compounds [Abu, 0135], therefore Abu implicitly teaches the 2,3,5-trimethylpyrazine is present in an amount of no greater than about 4 ppm as claimed, since one of ordinary skill in the art would recognize that a total content of all pyrazine compounds being less than 0.2 ppm would have 2,3,5-trimethylpyrazine present in an amount of no greater than about 4 ppm as claimed.
Regarding claim 11, modified Abu teaches the nut butter replica of claim 1, wherein the VOCs comprise one or more pyrazine compound(s) [Abu, 0131].
Regarding claims 13-14, modified Abu teaches the nut butter replica of claim 1, wherein the VOCs comprise one or more acid(s) such as lactic acid [Abu, 0460].
Regarding claims 16-17, 19-20, 24-26, 29-30, 32-33, 35-36, 39-40, 42, 46-47, 49-51, 55-56, 58-59, modified Abu in view of Aftoora teaches the nut butter replica of claim 1, wherein the nut butter replica comprises roasted oil plant seed material [Abu, 0245, 0247], such as roasted sunflower seeds [Aftoora, 0005, 0033], and the evidence of Guo disclose roasted sunflower seeds comprise one or more alcohols of claim 16 (see Guo, Abstract) including 1-octen-3-ol of claim 17 (see Guo, Table 1), one or more aldehyde of claim 19 (see Guo, Abstract), including phenylacetaldehyde of claim 20 (see Guo, Table 1), one or more benzene selected from the group consisting of toluene of claims 24-25 (see Guo, Table 1), one or more esters of claim 26 (see Guo, Abstract), one or more furans of claim 29 (see Guo, p.2. par.5), including 2-pentylfuran of claim 30 (see Guo, Table 1), one or more ketones including 3-penten-2-one of claims 32-33 (see Guo, Abstract, Table 1) in amounts of at least about 0.0001 ppm of claim 35 (0.14 µg/g or 0.14 ppm) of said ketones, one or more lactones of claim 36 (see Guo, Table 1 for gamma-butyrolactone, and NIH, page 21, 3.4 Chemical class-Lactones), one or more phenol including phenol in amounts of at least about 0.05 ppm (0.14 µg/g or 0.14 ppm) of claims 39-40 and 42 (see Guo, Table 1), one or more pyridines including pyridine in amounts no greater than about 1.68 ppm (1.19 µg/g or 1.19 ppm) of claims 46-47 and 49 (see Guo, Abstract, Table 1), one or more pyrroles including 2-acetylpyrrole of claims 50-51 (see Guo, p.2, par.2, and p.4), one or more sulfur compounds including methional of claims 55-56 (see Guo, Tables 1-2), one or more terpenes including alpha/beta-pinene of claims 58-59 (see Guo, Abstract, Table 1).
Regarding claims 43-44, modified Abu teaches the nut butter replica of claim 1, wherein the VOCs comprise one or more pyrazine compound(s) including 2,3,5-trimethylpyrazine [Abu, 0131].
Regarding claims 71, 73-74, modified Abu teaches the nut butter replica of claim 1, wherein the one or more non-volatile compounds may be an acid including malic, lactic, or citric acids, and protein [Abu, 0457, 0459, 0460].
Regarding claims 82, 83, modified Abu teaches the nut butter replica of claim 1 comprising roasted sunflower seeds [Aftoora, 0005, 0033], and the evidence of Kaur disclose roasted sunflower seeds [Kaur, Abstract] comprise one or more amino acids selected from the group consisting of phenylalanine, leucine, methionine, aspartic acid, glutamic acid and tyrosine [Kaur, p.2, par.2].
Regarding claim 92, modified Abu teaches the nut butter replica of claim 1, wherein the one or more non-volatile compounds may be a protein [Abu, 0457, 0459, 0460].
Regarding claims 94-95, modified Abu teaches the nut butter replica of claim 1, wherein the one or more non-volatile compounds comprise one or more pyrazines such as 2,3-dimethylpyrazine [Abu, 0131].
Regarding claims 98-99, modified Abu teaches the nut butter replica of claim 1, wherein the one or more non-volatile compounds comprise one or more sugars [Abu, 0304] such as glucose [Abu, 0441-0442], fructose [Abu, 0454], sucrose, lactose [Abu, 0455], mannose, galactose and trehalose [Abu, 0456].
Regarding claim 100, modified Abu in view of Aftoora teaches the nut butter replica of claim 1, wherein the nut butter replica comprises roasted oil plant seed material [Abu, 0245, 0247], such as roasted sunflower seeds [Aftoora, 0005, 0033], and the evidence of Guo disclose roasted sunflower seeds comprise polyphenols (see Guo, p.1, par.2).
Regarding claims 104-105, modified Abu teaches the nut butter replica of claim 1, wherein the one or more non-volatile compounds comprise one or more stabilizer fats, said one or more stabilizer fats comprising at least one of hydrogenated oils, palm oil, kernel oil, and cottonseed oil [Abu, 0392-0393].
Regarding claims 106-107, modified Abu teaches the nut butter replica of claim 1, wherein the one or more non-volatile compounds comprise cocoa products (choco-material) such as chocolate [Abu, 0385, 0401], cocoa butter [Abu, 0392] or cocoa powder [Abu, 0401-0402].
Regarding claim 111, modified Abu teaches the nut butter replica of claim 1, wherein the solid substrate comprises chickpeas [Abu, 0252].
Regarding claims 112-113, modified Abu teaches the nut butter replica of claim 1, wherein the nut butter replica further comprises a liquid medium such as water [Abu, 0298].
Regarding claim 116, modified Abu in view of Aftoora teaches the nut butter replica of claim 1 comprising one or more non-volatile compounds including sugars [Abu, 0304], such as glucose [Abu, 0441-0442], fructose [Abu, 0454], sucrose, lactose [Abu, 0455], mannose, galactose and trehalose [Abu, 0456], proteins, citric acid [Abu, 0457, 0459, 0460], pyrazines such as 2,3-dimethylpyrazine [Abu, 0131], polyphenols (roasted sunflower seeds [Aftoora, 0005, 0033], and the evidence of Guo disclose roasted sunflower seeds comprise polyphenols (see Guo, p.1, par.2), and cocoa products (choco-material) such as chocolate [Abu, 0385, 0401], cocoa butter [Abu, 0392] or cocoa powder [Abu, 0401-0402], without requiring nuts [Aftoora, 0002, 0004, 0005, 0028, 0033]. Therefore, the nut butter replica of modified Abu in view of Aftoora would comprise less than about 95% or less than about 85% identity of one non-volatile compound in a reference or traditional nut butter, because modified Abu in view of Aftoora is disclosing a nut butter replica made out of roasted seeds and therefore would necessarily comprise one non-volatile compound with an identity that is less than 95% or less than 85% identity of one non-volatile compound (i.e. 100% different). Additionally, it is noted that since the limitation of a single reference nut butter comprise no specifics of what a single reference nut butter is, making the claim limitation broad as to what it can be construed, and the claim only requires one non-volatile.
Regarding claims 118-120, modified Abu in view of Aftoora teaches the nut butter replica of claim 1, wherein the nut butter replica does not comprise any microbes [Abu, abstract], tree nut protein allergens [Aftoora, 0002, 0004], may be a solution, suspension or emulsion [Abu, 0307], such as a coating [Abu, abstract, 0293], and butter replica (fat based confectionery, butters or spreads) [Abu, 0299, 0381, 0389]. Regarding the butter replica being specifically a nut butter spread or nut butter coating see claim 1 discussion above, where Aftoora teaches a nut butter spread [Aftoora, 0028] or nut butter product [Aftoora, 0005, 0028, 0033].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a nut butter spread or product as taught by Aftoora, into the butter replica or coating from legume, roasted oil plant and roasted fruit seed materials (fat based confectionery, butters or spreads) of Abu, since Abu is already interested in providing fat based compositions for making peanut butter flavored products [Abu, 0384], and fat based/cream fillings [Abu, 0390] or coatings [Abu, 0413], and because both Abu and Aftoora use the same raw material ingredients (roasted oil plant seeds) where Aftoora explicitly teaches the peanut butter replica is suitable for making the same food products as Abu [Abu, 0383-0384] such as confectionery foods, bakery products, cookies, cakes, or any type of food where peanut butter is used, by incorporating the nut butter replica into these products [Aftoora, 0031].
Claim(s) 63-65, 121, and 133 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abu-Hardan et al. [US20190174792A1], hereinafter Abu, in view of Aftoora [US20150072046A1], evidenced by Guo et al. [Influence of roasting condition on flavor profile of sunflower seeds: A flavoromics approach, 2019], hereinafter Guo, and Kaur et al. [Lipid profile of hyperlipidemic males after supplementation of multigrain bread containing sunflower seed flour, 2020], hereinafter Kaur as applied to claim 1 above, and further in view of Didzbalis et al. [WO 2020072957 A1], hereinafter Didzbalis.
Regarding claims 63-64, modified Abu in view of Aftoora teaches the nut butter replica as discussed above in claim 1, but is silent regarding the VOCs comprising at least 20, 30, 40, or 50 compounds selected from the ones disclosed in claim 63, and is further silent regarding the aromatic compounds or VOCs comprise at least 10, 20, 30, 40, or 50 compounds selected from the ones disclosed in claim 64.
Didzbalis teaches flavor compositions that can provide a nut flavor [Abstract] in food products such as peanut flavor without ingesting actual peanuts (nut better replica) [Didzbalis, p.5, l.1-3 and p.6, l.12-13], and comprise one or more VOC compounds, wherein said VOC compounds comprise at least 20 compounds including any compound listed in Tables 1-18, p.24-46, any derivative or analog thereof, or any combination thereof [Didzbalis, p.8, l.18-19], wherein the compounds include:
For claim 63;
2,3-pentanedione [Didzbalis, Table 1, p.25]
phenylacetaldehyde [Didzbalis, Table 1, p.24]
dimethyl trisulfide [Didzbalis, Table 1, p.25]
2-methoxy-4-vinylphenol [Didzbalis, Table 1, p.25]
nonanal [Didzbalis, Table 1, p.25]
octanal [Didzbalis, Table 1, p.25]
hexanal [Didzbalis, Table 1, p.25]
hexanoic acid [Didzbalis, Table 1, p.25]
2,3,5-trimethylpyrazine [Didzbalis, Table 1, p.25]
oleic acid [Didzbalis, p.8, l.20]
2-acetylpyridine [Didzbalis, Table 1, p.25]
2,5-dimethylpyrazine [Didzbalis, Table 1, p.25]
1-octanol [Didzbalis, Table 1, p.25]
furfural [Didzbalis, Table 1, p.25]
furfurylalcohol [Didzbalis, Table 1, p.25]
2,6-dimethylpyrazine [Didzbalis, Table 4, p.29]
2,3-diethyl-5-methylpyrazine [Didzbalis, Table 7, p.33]
delta-octalactone [Didzbalis, Table 14, p.43]
1-octen-3-one [Didzbalis, Table 6, p.31]
gamma-nonalactone [Didzbalis, Table 4, p.29]
2,3-dimethylpyrazine [Didzbalis, Table 1, p.25]; and
For claim 64;
2,3,5-trimethylpyrazine [Didzbalis, Table 1, p.25]
2,3-diethyl-5-methylpyrazine [Didzbalis, Table 7, p.33]
2,5-dimethylpyrazine [Didzbalis, Table 1, p.25]
2,6-dimethylpyrazine [Didzbalis, Table 4, p.29]
2,3-dimethylpyrazine [Didzbalis, Table 1, p.25]
dimethyl trisulfide [Didzbalis, Table 1, p.25], (DMTS) as disclosed on p.126, Table 8 of the instant specification.
furfural [Didzbalis, Table 1, p.25]
acetic acid [Didzbalis, Table 1, p.24]
3-methylbutanoic acid [Didzbalis, Table 1, p.25]
dimethyl sulfide [Didzbalis, Table 2, p.26].
It would have been obvious one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the claimed selected VOC compounds of at least 10 or 20 VOCs as taught by Didzbalis, into the nut butter replica of modified Abu, because Abu already express interest in providing peanut butter flavored articles [Abu, 0384], and fat based/cream fillings [Abu, 0390] or coatings [Abu, 0413], and because Didzbalis teaches that the compositions of his invention is suitable for provide and/or enhance a nut flavor, by using aroma compounds (VOCs) that contribute to a nut flavor [Didzbalis, Abstract], which is also already disclosed by Abu (using VOCs that impart a nutty and roasted notes, i.e., 2-ethyl-3,5-dimethylpyrazine and 2- ethyl-3,6-dimethylpyrazine) [Abu, 0132].
Regarding claim 65, Abu teaches a butter replica comprising one or more volatile organic compounds (VOCs) such as 2,3-dimethylpyrazine [Abu, 0130-0132], and Abu in view of Aftoora teaches the nut butter replica made from roasted sunflower seeds which comprise various VOCs (see evidence of Guo, Table 1, as discussed above in claims 16-17). As such, the nut butter replica produced from roasted oil plant seeds of Abu in view of Aftoora may be considered a nut butter replica comprising volatile compounds that are NOT the same volatile compounds in traditional or reference nut butters and does not require any VOC that is present in traditional nut butter.
Moreover, since the nut butter of Abu in view of Aftoora is made with roasted oil plant seeds and does not necessarily includes any level of VOCs present in a single reference nut butter, the VOCs in the nut butter replica of modified Abu would be less than 95% and less than 85% identity to the VOCs in a single reference nut butter (“overall population of VOCs in a nut butter replica have less than 95% or less than 85% identity to the population of VOCs in a corresponding reference nut butter (i.e., single species, variety, etc.…..), disclosed by Applicant on page 58, lines 26-30, and page 59, lines 1-2). That is, a nut butter comprising VOCs that are different from the VOCs in traditional nut butter, wherein said VOCs in the nut butter does not includes any amount/level of a VOC that is present in nut butter (traditional or reference nut butter) would have 0% identity to the VOCs in a single reference nut butter, which satisfies the claimed less than about 95% or less than about 85% identity of VOCs in a single reference nut butter.
Furthermore, the combination of modified Abu in view of Didzbalis teach the nut butter replica comprising VOCs, wherein Didzbalis teach one embodiment where the nut flavor composition may comprise a first aroma that may comprise a combination of 5 VOCs not present in nut, and a second and third aroma that may comprise each 1 VOC that is present in a nut [Didzbalis, p.1, l.24-32], which would provide less than 95% and less than 85% identity to the VOCs in a nut flavor composition and/or nut butter replica of modified Abu in view of Didzbalis.
Regarding claims 121 and 133, modified Abu teaches the nut butter replica as discussed in claim 1 above, but does not explicitly teach the nut butter replica is soluble in water as required by claim 121, and the one or more VOCs being present in the nut butter replica in a total amount of at least 100 ppm as required by claim 133.
Didzbalis teaches the nut butter replica as discussed above, wherein the peanut flavor composition can be in the form of liquid, solution, powder, spray, paste or suspension [Didzbalis, p.6, l.10-12], that can be dissolved in liquids such as water (equivalent to water soluble as claimed) [Didzbalis, p.19, l.14-16], and wherein the one or more VOC compound may be present at concentrations of from 0.01-1000 ppm or 100-1000 ppm or any intermediate value thereof [Didzbalis, p.11, l.13-14, l.27-29].
It would have been obvious one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the claimed water-solubility and the claimed isolated VOCs in a reference nut butter in an amount of at least 100 ppm as taught by Didzbalis, into the nut butter replica of modified Abu, because this would allow to one of ordinary skill in the art to produce innumerable ways to apply and/or combine the flavor composition directly to a variety of products and/or to precursors of comestible or medicinal products [Didzbalis, p.19, l.22-23], as well as flavor compositions that can provide and/or enhance a nut flavor, a flavor composition that comprises aroma compounds (VOCs) that contribute to a nut flavor, methods of producing a food product and/or enhancing a roasted peanut flavor of a food product using the compounds and/or flavor compositions disclosed by Didzbalis [Didzbalis, Abstract], based on the particular application in which the flavor composition is being used (i.e., food or medicinal products) [Didzbalis, p.19, l.12-14].
Claim(s) 22-28, 36-37, 58-59, 69, 75-77, 82-83, 88-89 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abu-Hardan et al. [US20190174792A1], hereinafter Abu, in view of Aftoora [US20150072046A1], evidenced by Guo et al. [Influence of roasting condition on flavor profile of sunflower seeds: A flavoromics approach, 2019], hereinafter Guo, and Kaur et al. [Lipid profile of hyperlipidemic males after supplementation of multigrain bread containing sunflower seed flour, 2020], hereinafter Kaur as applied to claim 1 above, and further in view of Yontz [US 20110274643 A1], evidenced by NIST Chemistry WebBook: N,N-dimethyl-methylamine.
Regarding claims 22-28, 36-37, 58-59, 69, 75-77, 82-83, and 88-89, modified Abu teaches the nut butter replica as discussed in claim 1 above, but does not explicitly recites the VOCs comprise one or more amines as required by claim 22, one or more amine selected from the group of amines in claim 23, or one or more benzenes (claim 24), selected from the group of benzenes in claim 25, one or more esters selected from the group of esters in claims 26-27, wherein the nut butter replica comprises at least about 0.005 ppm of esters (claim 28), or one or more lactones selected from the group of lactones claimed in claims 36-37, or one or more terpenes selected from the group of terpenes as required by claims 58-59, or wherein the one or more isolated non-volatile compound comprise at least one compound of the ones recited in claim 69, or one or more non-volatile aldehyde (claim 75) said aldehyde comprising vanillin (claim 76), or one or more amino acids (claim 82) selected from the group recited in claim 83, or one or more lactones, wherein the lactone is sotolon (claims 88-89).
Yontz teaches fragrant formulation comprising a fragrant composition [Yontz, Abstract], wherein said fragrant composition comprises at least one fragrant compound also referred to as a fragrant molecule and fragrant molecule is also referred to as an aroma compound (VOC) [Yontz, 0064]. The fragrant molecules (VOCs) of the invention may include one or more amines including trimethylamine which is also known by the name of N,N-dimethyl-methylamine (see NIST, page 1, other names) [Yontz, 0067], for claims 22-23. The fragrant formulation of Yontz may be used as flavorant in foods [Yontz, 0061]. The fragrant formulation is a fragrant composition with an additional solvent [Yontz, 0016], wherein said additional solvent may be benzene and/or toluene [Yontz, 0070], for claims 24-25. Further, as discussed above, fragrant composition refers to fragrant compound such as a single or combination of aroma compounds (VOCs) [Yontz, 0013], also referred to as fragrant molecules [Yontz, 0064], and these fragrant molecules present in the fragrant formulation of Yontz may be one or more esters such as benzyl benzoate [Yontz, 0068-0069], hexyl acetate, methyl butyrate, and isoamyl acetate as claimed [Yontz, 0067], for claims 26-27. The fragrant composition, known as the aroma compound (VOC) [Yontz, 0013], which includes the one or more esters, may be present in the formulation in amounts of about 0.001 to 10 wt% (10 ppm to 100000 ppm) [Yontz, 0056], which encompass the claimed “at least about 0.005 ppm of esters” of claim 28. Yontz also teach the VOCs may comprise one or more lactones including gamma-decalactone, massoia lactone and/or sotolon [Yontz, 0067], for claims 36-37, and one or more terpenes including limonene, linalool and indole [Yontz, 0067], for claims 58-59. Yontz further teach the fragrant molecules may comprise benzaldehyde [Yontz, 0067] and glucosamine [Yontz, 0072], for claim 69. The fragrant formulation may comprise aldehydes such as vanillin [Yontz, 0067-0068], for claims 75-76, where these aldehydes or vanillin are referred to as “fragrant composition” and/or “aroma compound” [Yontz, 0013] as previously discussed, and may be present in the formulation in amounts of about 0.001 to 10 wt% (10 ppm to 100000 ppm) [Yontz, 0056], which encompass the claimed “at least about 0.001 ppm of aldehydes” of claim 77. The fragrant formulation may also comprise amino acids such as glucosamine, glycine, arginine, lysine, proline, glutamine, histidine, serine, glutamic acid, tryptophan alone or in combination [Yontz, 0072]. As mentioned above, the composition may comprise lactones including sotolon [Yontz, 0067], as required by claims 88-89.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the claimed one or more amines, benzenes, esters in the claimed amounts, lactones (sotolon), terpenes, non-volatiles, glucosamine, aldehydes, vanillin, amino acids as taught by Yontz, into the nut butter replica of modified Abu, since all are directed to methods of making aromas or VOC-containing food products, since modified Abu already express interest in roasted flavors [Abu, 0132] produced by roasting sunflower seeds [Aftoora, 0005], and Yontz also express interest in roast (burnt) aroma and flavor [Yontz,0067]. Doing so would provide methods and products that can alter the flavor of foods by using natural or artificial flavors [Yontz,0003], and/or alter the smell of a food product while keeping its original taste [Yontz,0004-0005]. It would also provide solvents that are suitable for solubilizing or compatibilizing various components in the fragrance formulation, or other ingredients useful for making a final product that meets the desired performance criteria [Yontz,0008]. It would also provide lactones with different flavor and odor profiles such as creamy and sweet coconut, maple and peach flavors and odors and/or terpenes with floral, sweet, woody aroma/flavors [Yontz,0067].
Claim(s) 53-54, 84-87, 115 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abu-Hardan et al. [US20190174792A1], hereinafter Abu, in view of Aftoora [US20150072046A1], evidenced by Guo et al. [Influence of roasting condition on flavor profile of sunflower seeds: A flavoromics approach, 2019], hereinafter Guo, and Kaur et al. [Lipid profile of hyperlipidemic males after supplementation of multigrain bread containing sunflower seed flour, 2020], hereinafter Kaur as applied to claim 1 above, and further in view of Kawasaki [JP 2006025706 A].
Regarding claims 53-54, 84-87, and 115, modified Abu teaches the nut butter replica as discussed above, but is silent regarding the VOCs comprising one or more sugars or sugar alcohols (claim 53), wherein the sugar or sugar alcohols are ethyl maltol and maltol (claim 54), or one or more furans (claim 84) such as hydroxymethylfurfural (claim 85), or one or more ketones (claim 86) selected from the group disclosed in claim 87, or at least 5 or at least 10 compounds from the group recited in claim 115.
Kawasaki teach a nut-like (nutty) or nut flavor composition obtained by combining various flavor imparting compounds including furans [Abstract], such as 2-ethylfuran, [0036] and one or more pyrroles including indole, 2-acetylpyrrole, 2-acetyl-1-methylpyrrole [0030], and one or more sugar or sugar alcohols including maltol and ethyl maltol [0024]. The nut flavor composition may also comprise acids [Abstract], such as salicylic acid, 3,4-dihydrobenzoic acid, vanillic acid and pyruvic acid [0025-0026], and one or more furans such as hydroxymethylfurfural [0036], and one or more ketone including 2(5H)-furanone [0036]. The nut flavor composition may comprise at least 5 non-volatile compounds such as 1) vanillin [0021], 2) vanillic acid [0025], 3) 2,3-dimethylpyrazine [0031], 4) 2,3,5-trimethylpyrazine [0031], and may be used in food products as seasonings with other ingredients such as acidulants including 5) citric acid [0041].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the claimed one or more furans and/or pyrroles and/or sugars or sugar alcohols and/or acids and/or hydroxymethylfurfural and/or 2(5H)-furanone and/or at least 5 non-volatile compounds as taught by Kawasaki, into the nut butter replica of modified Abu, since all are directed to methods of making VOC-containing nut flavored food compositions, since Abu express interest in roasted and nuts flavors [Abu, 0132], and Kawasaki also express interest in nut flavor compositions [Kawasaki, Abstract]. Doing so would provide methods to produce flavored food products and products with nut flavors that solves problems in which conventional nut-like flavor composition cannot satisfy such as masking and/or improving the flavors of raw materials used for foods [Kawasaki, Abstract].
Claim(s) 61, 78-79, 96-97 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abu-Hardan et al. [US20190174792A1], hereinafter Abu, in view of Aftoora [US20150072046A1], evidenced by Guo et al. [Influence of roasting condition on flavor profile of sunflower seeds: A flavoromics approach, 2019], hereinafter Guo, and Kaur et al. [Lipid profile of hyperlipidemic males after supplementation of multigrain bread containing sunflower seed flour, 2020], hereinafter Kaur as applied to claim 1 above, and further in view of Kunieda [US 20060159818 A1].
Regarding claims 61, 78-79, 96-97, modified Abu teaches the nut butter replica as discussed above, but is silent regarding the VOCs comprising one or more thiophenes (claim 61), or one or more alkaloids (claim 78) such as piperine (claim 79), or one or more pyridines (claim 96), wherein the one or more pyridine comprise at least one pyridine selected from the group consisting of pyridine and pyroxidine, or a combination thereof (claim 97).
Kunieda teach a flavor enhancer and method of flavor enhancement for foods using the flavor enhancer [Abstract]. The flavor enhancer may comprise a flavor and/or spice (referred to as component (C)) [0036], wherein said component (C) may be an aroma compound such as thiophene (claim 61) [0049], and/or an alkaloid such as piperine (claims 78-79) [0020], and/or pyridine (claims 96-97).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the claimed one or more thiophenes and/or alkaloids such as piperine and/or pyridine as taught by Kunieda, into the nut butter replica of modified Abu, since all are directed to methods of making VOC-containing food compositions and flavor modification of foods with aroma or volatile compounds, since Abu already express interest in roasted and nut flavors [Abu, 0132], and Kunieda also express interest in nut flavor compositions [Kunieda, 0049-0050]. Doing so would provide methods to enhance food flavors [Kunieda, Abstract], and products with nut flavors such as hazelnut, almond, walnut, pecan, and macadamia nuts [Kunieda, 0049], and other nut flavors without limitations of the examples provided in Kunieda’s disclosure [Kunieda, 0050].
Claim(s) 62 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abu-Hardan et al. [US20190174792A1], hereinafter Abu, in view of Aftoora [US20150072046A1], evidenced by Guo et al. [Influence of roasting condition on flavor profile of sunflower seeds: A flavoromics approach, 2019], hereinafter Guo, and Kaur et al. [Lipid profile of hyperlipidemic males after supplementation of multigrain bread containing sunflower seed flour, 2020], hereinafter Kaur as applied to claim 1 above, and further in view of Yao [Brew methods effect on coffee flavor and aroma, 2017].
Regarding claim 62, modified Abu teaches the nut butter replica as discussed above but is silent regarding the nut butter replica comprising 2,7-dimethyl-oxepine.
Yao teach how brew methods influence coffee aroma and flavor [Yao, Abstract], and that more than 1,500 distinct chemical compounds responsible for flavor and aroma can be extracted (isolated) from coffee beans, where these compounds are volatile (VOCs) and non-volatile compounds [Yao, p.11]. The VOCs are classified as sulphur compounds, pyrazines, pyridines, pyrroles, oxazoles, furans, aldehydes, ketones and phenols [Yao, p.12, Table 2.1], wherein said VOCs influence the aroma and are responsible for all flavor attributes other than the basic taste attributes caused by non-volatile compounds [Yao, p.12]. Yao disclose that the roasting process of coffee beans controls the developmental progress of the VOCs [Yao, p.12], where some of the VOCs are characterized by having a nutty and/or peanut aroma and flavor attributes [Yao, p.32], including nutty roasted [Yao, p.73, Table 4.9], as well as specific nut flavors such as roasted peanuts and/or peanut-like [Yao, p.23, Table 2.2], with 2,7-dimethyl-oxepine being associated with a nutty aroma [Yao, p.81].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the claimed 2,7-dimethyl-oxepine VOC as taught by Yao, into the nut butter replica of modified Abu, since all are directed to VOC-containing food compositions and flavor/aroma influence/modification methods in foods with aroma or volatile compounds [Yao, Abstract]. Doing so would provide nut flavored compositions and methods to produce nut flavored food products by providing VOCs that have different nut flavors according to the selected individual VOC, since Yao teach isolation, identification, quantification and collection of VOCs by gas chromatography (GC) to isolate VOCs into individual compounds and mass spectrometry (MS) to identify the compound chemical structure and characterize the aroma/flavor associated with each individual VOC [Yao, p.29-30 and p.18], which would allow a skilled artisan in the field of flavor and aroma compositions from VOCs the ability to select the VOC with the desired flavor/aroma characteristic such as 2,7-dimethyl-oxepine which is associated with a nutty aroma as taught by Yao [Yao, p.81]. Additionally, it would have been obvious to one of ordinary skill in the art to incorporate the claimed 2,7-dimethyl-oxepine VOC as taught by Yao, into the nut butter replica of modified Abu, because Abu also already express interest in providing nut flavors [Abu, 0132], as well as monitoring the amount of nutty aroma/flavor compounds (pyrazines 2-ethyl-3,5-dimethylpyrazine and 2- ethyl-3,6-dimethylpyrazine [Abu, 0132]) during roasting [Abu, 0139].
Claim(s) 70, 80-81, 101, 114, 117 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abu-Hardan et al. [US20190174792A1], hereinafter Abu, in view of Aftoora [US20150072046A1], evidenced by Guo et al. [Influence of roasting condition on flavor profile of sunflower seeds: A flavoromics approach, 2019], hereinafter Guo, and Kaur et al. [Lipid profile of hyperlipidemic males after supplementation of multigrain bread containing sunflower seed flour, 2020], hereinafter Kaur as applied to claim 1 and 100 above, and further in view of Whittinghill et al. [US 20120177798 A1], hereinafter Whittinghill.
Regarding claims 70, 80-81, 101, modified Abu teaches the nut butter replica of claim 1, comprising roasted oil plant seed material [Abu, 0245, 0247], such as roasted sunflower seeds [Aftoora, 0005, 0033], and the evidence of Guo disclose roasted sunflower seeds comprise polyphenols (see Guo, p.1, par.2) as discussed in claim 100 above, but is silent regarding the nut butter replica comprising one of the options of claim 70 in any combination with their respective ppm amounts (claim 70), or one or more amines (claim 80) such as tryptamine (claim 81), or wherein the one or more isolated non-volatile compounds comprise one or more tannins, phenols, polyphenols, or anthocyanins selected from the group consisting of the compounds recited in claim 101.
Whittinghill teach compositions and methods for producing enriched shortening compositions and nut butters [Whittinghill, Title and Abstract]. The disclosure teach one of the embodiments wherein the nut butter or shortening composition may include at least one stabilizing agent such as an antioxidant, wherein said stabilizing agent is selected from a group that includes chlorogenic acid, propyl gallate, hesperetin and caffeic acid, and may be present in an amount of from less than 0.01% (less than 100 ppm) by weight of enriched soybean oil [Whittinghill, 0040, 0029], and may also comprise at least one additional antioxidant stabilizer(s) alone or in combination, including chlorogenic acid, propyl gallate, hesperetin and caffeic acid, in amounts from about 0.001% (10 ppm) to 5% by weight or 0.01% (100 ppm) to 1% by weight [Whittinghill, 0034], which encompass the claimed ppm range of at least about 0.08 to at least about 32 ppm of claim 70. The shortening composition and/or nut butter may also comprise amine(s) such as tryptamine as stabilizing agent [Whittinghill, 0029, 0034, 0040] (as claimed in claims 80-81). Whittinghill teach one of the embodiments wherein the nut butter may include at least one stabilizing agent such as an antioxidant, selected from a group that includes catechin, ellagic acid, epicatechin, epicatechin gallate, gallic acid, hesperetin, methyl gallate, propyl gallate, quercetin, resveratrol, syringic acid, and/or tyramine [Whittinghill, 0040], (as claimed in claim 101).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the claimed one or more compounds alone or in combination at the claimed amounts from claim 70 and/or amines such as tryptamine and/or at least 10 non-volatile compounds as taught by Whittinghill, into the nut butter replica of modified Abu, since all are directed to methods of making VOC-containing food compositions and flavor modification of foods with aroma or volatile compounds [Whittinghill, 0098], since Abu already teach providing VOCs having roasted nut flavors [Abu, 0132]. Doing so would provide compositions and methods to produce shortening compositions and nut butters [Whittinghill, Abstract], wherein the at least one antioxidant/stabilizer is added in a suitable amount to prevent oxidation of the stearidonic acid enriched soybean oil [Whittinghill, 0033], which would aid in producing food products with increased amounts of omega-3 fatty acids (n-3 PUFAs) that retain the taste, structure and aroma of typical food products [Whittinghill, 0098], as well as food products with roast aromatic characteristics [Whittinghill, 0119], which are associated with roasted nutmeat having toasted characteristics of dark roasted nuts [Whittinghill, Table 15, p.16, “Dark roasted” attribute, definition and References].
Regarding claim 114, modified Abu teaches the nut butter replica comprising one or more isolated non-volatile compounds as discussed above, but is silent regarding the non-volatile compounds comprise at least 10 compounds from the group recited in claim 114.
Whittinghill teach one of the embodiments wherein the nut butter may include at least one non-volatile stabilizing agent such as an antioxidant, selected from a group that includes at least 10 of:
caffeic acid
citric acid
malic acid
ellagic acid
catechin
epicatechin
epicatechin gallate
fumaric acid
gallic acid
glycine
tyramine; and other non-volatiles recited in claim 114 as claimed [Whittinghill, 0040,0045].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the claimed at least 10 non-volatile compounds as taught by Whittinghill, into the nut butter replica of modified Abu, because Whittinghill teaches that this would provide compositions and methods to produce nut butters [Whittinghill, Abstract], wherein the at least one antioxidant/stabilizer is added in a suitable amount to prevent oxidation of the stearidonic acid enriched soybean oil [Whittinghill, 0033], which would aid in producing food products with increased amounts of omega-3 fatty acids (n-3 PUFAs) that retain the taste, structure and aroma of typical food products [Whittinghill, 0098].
Regarding claim 117, modified Abu teaches the nut butter replica comprising one or more isolated non-volatile compounds as discussed above, but is silent regarding the nut butter replica comprises at least 11 isolated non-volatile compounds and wherein no more than 10 of the isolated non-volatile compounds are found in a single reference nut butter.
Whittinghill teach one of the embodiments wherein the nut butter may include at least one or combinations of non-volatile, selected from a group that includes at least 11 of:
caffeic acid
ascorbic acid
chlorogenic acid
3,4-dihydrobenzoic acid
fraxetin
propyl gallate
succinic acid
tartaric acid
fumaric acid
hesperetin
vanillic acid
tyramine
tryptamine, [Whittinghill, 0040,0045];
NOTE: None of the numbered compounds of the above list are present in single reference nut butter, as disclosed on Table 6, pages 107-116 and page 60, lines 2-21 of the instant specification; which satisfies the limitation of claim 117 of “wherein no more than 10 of the non-volatile compounds are found in a single reference nut butter”.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the claimed at least 11 non-volatile compounds, wherein no more than 10 isolated non-volatiles are found in a single reference nut butter as taught by Whittinghill, into the nut butter replica of modified Abu, because Whittinghill teaches that this would provide compositions and methods to produce nut butters [Whittinghill, Abstract] comprising at least one antioxidant/stabilizer in a suitable amount to prevent oxidation of the stearidonic acid enriched soybean oil [Whittinghill, 0033], which would aid in producing food products with increased amounts of omega-3 fatty acids (n-3 PUFAs) that retain the taste, structure and aroma of typical food products [Whittinghill, 0098].
Claim(s) 90-91, 102-103, 108-109 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abu-Hardan et al. [US20190174792A1], hereinafter Abu, in view of Aftoora [US20150072046A1], evidenced by Guo et al. [Influence of roasting condition on flavor profile of sunflower seeds: A flavoromics approach, 2019], hereinafter Guo, and Kaur et al. [Lipid profile of hyperlipidemic males after supplementation of multigrain bread containing sunflower seed flour, 2020], hereinafter Kaur as applied to claim 1, and further in view of Reiss et al. [US 20090155446 A1], hereinafter Reiss, evidenced by Yeast Metabolome Database [Cytidine monophosphate (CMP)], hereinafter YMDB.
Regarding claims 90-91, 102-103, 108-109, modified Abu teaches the nut butter replica as discussed above, but is silent regarding the nut butter replica comprising one or more non-volatile compounds comprising nucleotides, nucleotide monophosphates, or nucleobases (claim 90), selected from the group consisting of adenine, adenosine monophosphate (AMP), cytidine monophosphate (CMP), cytidine, cytosine, guanine, and uracil, or any combination thereof (claim 91), or one or more xanthines such as theobromine (claims 102-103), or one or more emulsifiers (claim 108) such as lecithin (claim 109).
Reiss teach a flavoring concentrate comprising one or more flavoring and/or aromatic substances, and products comprising one or more flavoring concentrates [Reiss, 0002, 0006]. The flavoring concentrates of the invention are suitable for use in foods [Reiss, 0035-0037] such as peanut based products, fat and oil based products or emulsions including butters [Reiss, 0113]. Basic substances, auxiliaries and/or additives used in the flavoring concentrates of the invention, in particular foodstuff and enjoyment products include nucleotides [Reiss, 0122], such as cytidine-5’-monophosphate (CMP) [Reiss, 0133], also known as cytidine monophosphate (CMP) [YMDB, p.1]. Reiss teach the flavoring concentrate may also comprise bitterants [Reiss, 0128], or substances that are bitter or astringent and can be a constituent of the flavoring concentrate of the invention [Reiss, 0133] may be xanthines such as theobromine [Reiss, 0134]. Additional substances used as additives in the flavoring concentrate include emulsifiers such as lecithin [Reiss, 0122, 0136].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the claimed one or more nucleotides, nucleotide monophosphates or nucleobase and/or theobromine and/or emulsifiers (lecithin) as taught by Reiss, into the nut butter replica of modified Abu, because Reiss teaches that this would provide compositions and methods to produce peanut based products, emulsions and butters [Reiss, 0113], wherein the at least one nucleotide such as CMP for masking one or more unpleasant taste and/or the desired type of taste to be masked (i.e., bitter, astringent and/or metallic taste sensation or aftertaste) [Reiss, 0133].
Claim(s) 92-93 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abu-Hardan et al. [US20190174792A1], hereinafter Abu, in view of Aftoora [US20150072046A1], evidenced by Guo et al. [Influence of roasting condition on flavor profile of sunflower seeds: A flavoromics approach, 2019], hereinafter Guo, and Kaur et al. [Lipid profile of hyperlipidemic males after supplementation of multigrain bread containing sunflower seed flour, 2020], hereinafter Kaur as applied to claim 1, and further in view of Savant et al. [US 20130115330 A1], hereinafter Savant.
Regarding claims 92-93, modified Abu teaches the nut butter replica comprising proteins as discussed above in claims 1, 71, and 92 rejections, but does not explicitly recites the nut butter replica comprises one or more proteins or peptides comprising carnosine.
Savant teach nutritional compositions comprising aroma compounds (VOCs) [Savant, 0033] and flavoring agents [Savant, 0212], and non-volatile compounds (i.e., sugars, fructose) [Savant, 0005]. The composition may be in puree form [Savant, Abstract] which includes any nut butter known in the art [Savant, 0024] and in one embodiment the nut butter is selected from the group but not limited to pumpkin seed butter, sesame seed butter, soybean butter or combinations thereof [Savant, 0025], “nut butter replica from plant seeds and other plant materials”, as disclosed on page 117, Example 2 of the instant specification. The composition may include one or more proteins [Savant, 0158], wherein protein, peptide, oligopeptides and polypeptide refers to any composition including single amino acids or two or more amino acids (dipeptide, tripeptide, or polypeptide) [Savant, 0157], and in an embodiment the compositions may include any amino acid including carnosine [Savant, 0201].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the claimed one or more proteins or peptides comprising carnosine as taught by Savant, into the nut butter replica of modified Abu, because all are directed to methods of making VOC/aromatics-containing and non-volatile-containing food compositions and flavor modification of foods with aromatic or volatile compounds [Savant, 0005, 0033, 0212], and because Savant teaches that this would provide nutritional compositions and nut butters produced from seeds and other plant materials i.e., soybean butter [Savant, 0024-0025], wherein said nutritional composition or butter provides a refreshing and easy to consume composition that provides adequate amounts and types of nutrition to provide the body with proper fuel for performance [Savant, Abstract].
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 9, 10-11, 13-14, 16-17, 19-20, 22-30, 32-33, 35-37, 39-40, 42-44, 46-48, 49-51, 53-56, 58-59, 61-67, 69-71, 73-109, 111-121 and 133 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The rejection has been amended in view of Applicant amendment to claim 1, which now requires the solid substrate to comprise all three types of plant seed materials of legume seed material, roasted oil plant seed material, and roasted fruit seed material, and is taught by the new prior art relied upon of Abu-Hardan et al. [US20190174792A1], hereinafter Abu, in view of Aftoora [US20150072046A1] as explained above.
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 LUIS EUGENIO DIOU BERDECIA whose telephone number is (571)270-0963. The examiner can normally be reached Monday-Friday 7:30-4:30.
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.
/LUIS EUGENIO DIOU BERDECIA/Examiner, Art Unit 1792
/ERIK KASHNIKOW/Supervisory Patent Examiner, Art Unit 1792
Prosecution Insights