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 .
Election/Restrictions
Applicant's election with traverse of group I (claims 1-37) and amending claims 38-46 and 48-49 (originally group II) to be product- by process claims in the reply filed on 6/24/2025 is acknowledged. The traversal is also noted and arguments found persuasive in light of the new amendments of 6/24/25. Since the amended claims 38-46 and 48 and 49 now depend from claims 36 and 37, product-by-process claims, the product claims 38-46 and 48-49 will also be treated as product-by process claims. Claims 1-37 and 38-49 are examined in this application and claims 50-73 directed to non-elected invention are withdrawn from further consideration.
The requirement as stated above is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-46 and 48-49 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “substrate carrier material” in claims 1-2, 6, 8-10, 13-17, 19, 22, 24-25, 30-32, 35, 37-46 and 48-49 is a relative term which renders the claim indefinite. The term “substrate carrier material” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For the purposes of this office action term “substrate carrier material” will be applicable to any sold material.
The term “endogenous” and ‘exogenous” in claims 1 and dependent claims is a relative term which renders the claim indefinite. The terms “endogenous” and ‘exogenous” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For the purposes of this office action terms “endogenous” and ‘exogenous” will be applicable to two distinct or separate sources.
The terms of water activity namely “Low water activity” and “Low water activity Maillard product or LWACMP” or “High water activity” or “High water activity Maillard product or HWACMP” in claims 1-2 and other dependent claims are relative term which renders the claim indefinite. The term “Low water activity Maillard product or LWACMP” or “High water activity Maillard product or HWACMP” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Since the extent of reactions to product Maillard products have not been provided, the features of water activity and its relation to either producing low or high water activity Maillard products is indistinguishable from prior art. For the purposes of this office action terms of low or high water activity will be regarded to include any water activity range as provided in the prior art.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
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 1-49 are rejected under 35 U.S.C. 103 as being unpatentable over (GB2500662A), hereinafter D1.
Claims 1-49 are in general directed to a method of preparing a beverage component, comprising:
contacting a substrate carrier material, having an endogenous Maillard-reactive nitrogen constituent and/or an endogenous Maillard-reactive carbohydrate constituent, with
an exogenous Maillard reagent comprising an exogenous Maillard-reactive nitrogen constituent and/or an exogenous Maillard-reactive carbohydrate constituent to provide
a conditioned substrate carrier material; and adjusting the water activity (aw) of the conditioned substrate carrier material to a value less than that of the conditioning reaction, and reacting, during the adjusting and/or at the adjusted aw value,
the exogenous Maillard reagent with the endogenous Maillard-reactive nitrogen constituent and/or with the endogenous Maillard-reactive carbohydrate constituent to provide a low water activity (low aw) cross-Maillardized substrate carrier material having cross-Maillard reaction products (LWACMP) formed by the reaction between
the exogenous Maillard reagent, and the endogenous Maillard-reactive constituent(s).
D1 discloses modification of the aromatic traits of green coffee beans and coffee beverages obtained with such treated beans, and specifically discloses the following technical features. D1 discloses a modification of the aromatic properties of green coffee beans and a method for obtaining a coffee beverage with such treated coffee beans (D1 page 4, 1-1) line 28, page 5, lines 1-5 and 19-27, page 6, lines 1-9 and 20-24, page 7, line 8-17, page 8, line 21-30, page 9-10, line 1-30, page 11, line 1-14, page 12, line 4-29, page 13, line 1-26, page 14, line 1-9, page 28, line 17-29, page 29, line 1-20). D1 is silent in that no exogenous Maillard-reactive nitrogen constituent or use exogenous Maillard-reactive nitrogen constituent to replace sugar in D1. thus a cross-Maillard-primed substrate carrier material that is slightly different from the prior art. However, D1 further discloses that: it is 5 assumed that during roasting of green coffee beans free amino acids could react with sugars, such as glucose and fructose, in the so-called "Maillard" reaction to form substances that are mainly perceived as positive aromatic substances by the consumers; it is hypothesized that roasting will give more satisfactory results if the relative amounts of free amino acids matches that of sugars in the green coffee beans in an optimal way; according to a non-binding theory it is assumed that in case sugars are relatively scarce, the remaining amino acids, which are not used in the "Maillard" reaction, will bum and form unpleasant aromas during the roasting procedure; it is further assumed that in case amino acids are relatively scarce in relation to the amount of sugars present, the roasting may result in a sweet caramel like-flavor due to transformation of remaining sugars into caramel. It can be seen that D1 teaches that when endogenous nitrogen constituent does not match the carbohydrate, it may lead to unpleasant flavor. Those skilled in the art can also adjust the exogenous added constituent based on the carbohydrate constituent and amino acid constituent of endogenous raw materials, i.e., chose to further add exogenous Maillard-reactive nitrogen constituent, or replace sugar with Maillard-reactive nitrogen ingredient in order to react the exogenous Maillard reagent
with the endogenous ingredients.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JYOTI CHAWLA whose telephone number is (571)272-8212. The examiner can normally be reached M-F 9:30- 5:30.
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/JYOTI CHAWLA/Primary Examiner, Art Unit 1791