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 September 29th 2025 has been considered.
Claims 1 and 11 have been amended.
Claims 2-4 are cancelled.
Claims 1 and 5-27 are pending in the current application.
Claims 11-20 are withdrawn from consideration.
Claims 1, 5-10 and 21-27 are examined in the current application.
Any rejections not recited below have been withdrawn.
Claim Rejections - 35 USC § 112
The text of those sections of Title 35 of the U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 5-10 and 21-27 are rejected under 35 U.S.C. 112(a), as failing to comply with the written description requirement. The claims contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventors, at the time the application was filed, had possession of the claimed invention.
Regarding claim 1: The phrase “the ratio…is between 1:05 and 1:1.4” in line 5 of claim 1, is not disclosed in the original specification as argued by Applicant (see 3rd paragraph on page 6 of the 9/29/2025 “Remarks”). Accordingly, the claim is rejected under 35 USC 112(a) for failing to comply with the written description as it contains new matter. Clarification and/or correction is/are required.
Regarding claims 5-10 and 21-27: In view of the fact that dependent claims 5-10 and 21-27 depend on independent claim 1, and since independent claim 1 is rejected under 35 U.S.C. 112(a) for failing to comply with the written description requirement, claims 5-10 and 21-27 are rejected for failing to comply with the written description requirement for depending on a claim that is failing to comply with the written description requirement of 35 U.S.C. §112(a).
Claim Rejections - 35 USC § 103
In view the amendment and argument filed on September 29th 2025 the rejection of claims 1, 5-10 and 21-27 under 35 U.S.C. 103 over NPL Segur et al., “Sugar solubility sucrose and dextrose in aqueous Glycerol” in view of Moraly et al (US 6,451,122 B1), has been withdrawn.
The closest prior art, Segur, discloses a sweetening mixture to be used in food, such as confections, comprising anhydrous dextrose and glycerol (i.e., a polyol) at ratios between 3:1 to 1:3, in order to avoid increasing the water content when dextrose monohydrate (i.e., glucose monohydrate) is used (see Segur abstract; page 567, left column; page 568, left column and tables 3-4). While Moraly discloses particle size plays a significant role in the flowability of dextrose monohydrate, with larger particles generally exhibiting better flow characteristics, while smaller particle sizes tend to lead to poorer flowability due to increased cohesion. Understanding and controlling particle size is important for optimizing processing and product performance, as dextrose monohydrate with particle size of at least 80µm provides improved flowability and functionality when used in fat based confectionaries (e.g, chocolate) (see Moraly abstract; column 1, lines 5-18, 30-33; column 4, lines 35-57; column 6, lines 52-60; Examples), neither Segur, Moraly, nor any other prior art reference disclose using the claimed dextrose monohydrate and polyol at the recited ratios.
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.
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/ASSAF ZILBERING/Examiner, Art Unit 1792
/ERIK KASHNIKOW/Supervisory Patent Examiner, Art Unit 1792