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 *** has been considered.
Claims 6, 9, 12, 13, 15, 16, 18-20, 23, 25, 26, 28-30, 33, 36, 38 and 39 are cancelled.
Claims 1-5, 7, 8, 10, 11, 1, 17, 21, 22, 24, 27, 31, 32, 34, 35 and 37 are pending in the current application.
Claims 31, 32, 34, 35 and 37 are withdrawn from consideration.
Claims 1-5, 7, 8, 10, 11, 14, 17, 21, 22, 24 and 27 examined in the current application.
Any rejections not recited below have been withdrawn.
Claim Rejections - 35 USC § 103
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.
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 1-5, 7, 8, 10, 11, 14, 17, 21, 22, 24 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Cleenewerck et al. (WO 2016/162529 A1). As evidenced by NPL Dubois et al., “Fatty acid profiles of 80 vegetable oils with regard to their nutritional potential” (from Eur. J. Lipid Sci. Technol. 109 (2007) pp. 710-732).
Regarding claims 1-5, 7, 8, 10, 11, 14, 17, 21, 22, 24 and 27: Cleenewerck discloses a pre-baked (i.e., pre-fried) food composition comprising 2-45wt% of a glyceride composition, wherein the glyceride composition comprises 10-40% SAFA, less than 10% TFA, C18:0/C16:0 of at least 0.7, less than 12 wt% C16:0, 30 to 80wt% of C18 fatty acids and a C14:0+C16:0/SAFA that is less than 50.0 (see Cleenewerck abstract from page 6, line 18 to page 8, line 20; Tables 1 and 5), when used as a coating with fat content of over 50% and water content under 10wt% (see Cleenewerck page 15, lines 11-24). Given the relative contents recited in the claims, overlap or lie inside the contents in Cleenewerck, a prima facie case of obviousness exists (see MPEP §2144.05).
As to the use of the glyceride composition in baking or air-frying: The recitation in the claims that the glyceride is for oven baking and/or air-frying is merely an intended use. Applicants attention is drawn to MPEP 2111.02 which states that intended use statements must be evaluated to determine whether the intended use results in a structural difference between the claimed invention and the prior art. Only if such structural difference exists, does the recitation serve to limit the claim. If the prior art structure is capable of performing the intended use, then it meets the claim.
It is the examiner’s position that the intended use recited in the present claims does not result in a structural difference between the presently claimed invention and the prior art and further that the prior art structure is capable of performing the intended use. While Cleenewerck discloses using the glyceride composition in frying, but fails to disclose air-frying, given that Cleenewerck discloses a glyceride composition as presently claimed, it is clear that the glyceride composition of Cleenewerck would be capable of performing the intended use, i.e. be used for oven baking and/or air-frying, presently claimed as required in the above cited portion of the MPEP.
Response to Arguments
Applicant's arguments filed on October 28th 2025 have been fully considered but they are not persuasive.
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
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