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 October 15th, 2025 has been considered.
Claims 11 and 14 have been amended.
Claims 16 is cancelled.
Claims 1-15 and 17 are pending in the current application.
Claims 1-10 are withdrawn from consideration.
Claims 11-15 and 17 are examined in the current application.
Any rejections not recited below have been withdrawn.
Claim Rejections - 35 USC § 112
In light of the amendments filed on October 15th 2025, the indefiniteness rejection of claim 14 has been withdrawn.
Claim Rejections - 35 USC § 102
In light of the amendment filed on October 15th 2025, the anticipation rejections of claims 11-14 and 17 have been withdrawn.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 1-15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Shimada et al., (JP 3702081 B2-Machine translation).
Regarding claim 11 and 14: Shimada discloses a method of making frozen molded cooked rice, where the cooked rice is molded into balls and coated with moisture transfer preventing layer comprising fat/oil and/or sugar solution (i.e., hydrophilic material), followed by baking the balls until the moisture content is between 0-10wt% and/or the outer layer is crispy (i.e., grilled), followed by freezing (see Shimada abstract; paragraphs [0005]-[0008], [0010]-[0014] and [0018]-[0020]). While Shimada fails to disclose the temperature and time of the baking step, Shimada discloses the target moisture content and texture provided by the baking step. Given the fact adjusting the temperature and duration of baking to attain a moisture content and texture is well known, it would have been obvious to a skilled artisan to adjust the baking temperature and baking time to attain the desired moisture content (e.g., 0-10wt%) and texture, and thus arrive at the claimed limitations. As set forth in MPEP §2144.05 discovering an optimum value of a result effective variable, involves only routine skill in the art.
As to the dextrin and its content recited in claim 14: Shimada discloses using sugar (e.g., dextrin) in the hydrophilic phase (see Shimada paragraph [0008]). While Shimada fails to disclose the concentration of the dextrin solution, given the fact the sweetness level of dextrin is well known, it would have been obvious to a skilled artisan to have adjusted the relative content of dextrin in the solution to attain the desired sweetness level, and thus arrive at the claimed limitations. As set forth in MPEP §2144.05 discovering an optimum value of a result effective variable, involves only routine skill in the art.
Regarding claim 15: Shimada discloses a method of making frozen molded cooked rice, where the cooked rice is molded into balls and coated with moisture transfer preventing layer comprising fat/oil and/or sugar solution (i.e., hydrophilic material), followed by baking the balls and freezing (see Shimada abstract; paragraphs [0005]-[0008], [0012]-[0014] and [0020]). Shimada discloses the hydrophobic coating is applied in the range of 0.1 to 5 parts by weight with respect to 100 parts by weight of the rice ball (see Shimada paragraph [0009]). Since the relative contents recited in claim 15 overlap the relative contents in Shimada, a prima facie case of obviousness exists (see MPEP §2144.05).
Regarding claim 12: Shimada discloses of mixing sauce with the cooked rice (see Shimada paragraph [0012]).
Regarding claim 13: Shimada discloses the forming molded balls (i.e., spheres) prior to coating (see Shimada paragraphs [0005]-[0009]).
Regarding claim 17: Shimada discloses freezing the molded cooked rice balls at -18°C for 24 hours (see Shimada paragraphs [0020] and [0033]), which meets the claimed limitations.
Response to Arguments
Applicant's arguments filed on October 15th, 2025 have been fully considered but they are not persuasive.
Applicant argues the prior art references fail to render the claimed invention obvious, because Shimada discloses of oven and/or torch (i.e., grill) heating, in order to attain a moisture level, but fails to disclose the claimed oven heating and its parameters is preferred. The examiner respectfully disagrees.
Given the fact the that Shimada identified oven heating as one of the options, using oven heating rather than torch heating, to attain desired texture, would be obvious to a skilled artisan.
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 M-F 8:30-5:00.
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/ASSAF ZILBERING/Examiner, Art Unit 1792
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