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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/9/2026 has been entered.
Applicant’s cancellation of claims 3 and 13, amendment of claim 1, 2, 10 and 12, in the paper of 4/9/2026, is acknowledged. Applicants' arguments filed on 4/9/2026, have been fully considered and are deemed to be persuasive to overcome some of the rejections previously applied. Rejections and/or objections not reiterated from previous office actions are hereby withdrawn. Claims 1, 2, 4, 10-12 and 14 are still at issue and are present for examination.
Election/Restrictions
Applicant's election without traverse of the invention of Group 1, claims 1-5, 10-15, to a protein deamidation method, in the paper of 7/8/2025, is acknowledged.
Claim Rejections - 35 USC § 102
The rejection of claim(s) 1, 2, 3, 4, 5, 10, 11, 12, 13, 14, 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Noriko Miwa (WO 2010/035825) is withdrawn based upon applicants amendment of the claims in the paper of 10/30/2025.
The rejection of claim(s) 1, 2, 3, 4, 5 and 10-15 under 35 U.S.C. 102(a)(1) as being anticipated by Taiki-Bussan Corp. (JP 2019-208371 ) is withdrawn based upon applicants amendment of the claims in the paper of 10/30/2025.
The rejection of claim(s) 1, 2, 3, 4, 10, 11, 12, 13 and 14 under 35 U.S.C. 102(a)(1) as being anticipated by Ripple Foods, PBC (WO 2020/1508583 EP 3911177) is withdrawn based upon applicants amendment of the claims in the paper of 4/9/2026.
The rejection of claim(s) 1, 2, 3, 4, 10, 11, 12, 13 and 14 under 35 U.S.C. 102(a)(1) as being anticipated by Amano Enzyme USA Co Ltd. (WO 2020/076469; EP 3930478) is withdrawn based upon applicants amendment of the claims in the paper of 4/9/2026.
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.
Claim(s) 1, 2, 4, 10, 11, 12 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ripple Foods, PBC (WO 2020/1508583 EP 3911177) and Wang et al. (US 2020270598; WO 2017/140051).
Ripple Foods, PBC (WO 2020/1508583; EP 3911177) discloses in Example 5, a protein deamidation method comprising allowing a protein deamidase (protein glutaminase) to act on a vegetable protein in the presence of a salt and/or an acidic polysaccharide. As stated in paragraph [0167] on page 39, this example illustrates a method in which deamidation of the refined protein component occurs during the process for preparing a non-dairy analog containing the refined protein.
Ripple Foods, PBC (Table 4 (see paragraph [0169] on page 39) discloses ranges of ingredients for use in the deamidated non-dairy analog preparation method of the example. Such ingredients include different phosphate salts (e.g., tricalcium phosphate, potassium phosphate, dipotassium phosphate, sodium phosphate, and disodium phosphate) which may be used to produce specific non-dairy analogs (e.g., milk, barista style milk, and creamer), (see paragraph [0168] on page 39) of Ripple Foods, PBC
Ripple Foods, PBC disclose the method of Example 5, see paragraph [0172] on page 40), comprises mixing spray-dried unmodified refined pea protein (0.5-5 wt %) and phosphate salts (0.3-1 wt %) in water, to which protein glutaminase (0.1-0.3 wt%) is then added and the solution mixed at 45-50°C for 45-180 min. After the desired incubation time, flavors (0-1 wt%), sugar (0-2 wt%), gums (0.01-0.05 wt%), and oil (2-10 wt%) are added to the mixing solution. The blend is then heated to 90°C and subjected to homogenization. The resulting product is collected and cooled. The gum is gellan gum (Kelcogel HA-B Gellan), see Table 4 in paragraph [0169], and the gum is added before heat treating the mix (at 90°C). Gellan gum is an acidic polysaccharide. Thus, Example 5 teaches allowing a protein-deamidating enzyme to act on vegetable protein in the presence of salt and/or acidic polysaccharide.
Wang et al. (US 2020270598; WO 201/140051) disclose liquid enzyme preparations of transglutaminase and a preparation method thereof, wherein the liquid enzyme preparation is a liquid preparation of transglutaminase intended to improve the color, flavor and taste of products and thus have great commercial value. Wang et al. analyze the effect of different pH regulators, including sodium carbonate and disodium hydrogen phosphate on the stability of transglutaminase solutions (see Table 4-1, 4-2 and 4-3 and supporting text). Wang et al. disclose that the different pH regulators and alkaline pH regulators showed no significant differences on the storage of enzyme solution at room temperature. Wang et al. also looked at the combination of some pH regulators and they also showed no significant differences on the storage of enzyme solution at room temperature.
One of skill in the art before the effective filing date would have been motivated to use the liquid enzyme preparations and combination of pH regulators taught by Wang et al. in the methods of protein deamidation taught by Ripple Foods, PBC as a means of stabilizing the enzyme preparations. The motivation for such comes from Wang et al. who teach that the various pH regulators can be combined to stabilize the liquid enzyme preparation and the combination of different pH regulators would have additional pH stabilization properties. Thus the obvious methods are those taught by Ripple Foods, PBC of mixing spray-dried unmodified refined pea protein (0.5-5 wt %) (vegetable protein) and phosphate salts (0.3-1 wt %) in water, to which protein glutaminase (0.1-0.3 wt%) along with additional pH regulators, such as sodium carbonate and disodium hydrogen phosphate as taught by Wang et al., are added and the solution mixed at 45-50°C for 45-180 min. The expectation of success is high based upon the high level of skill in the art as exemplified by both Ripple Foods, PBC and Wang et al. who teach all of the required techniques to practice the methods.
Remarks
No claim is allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD G HUTSON whose telephone number is (571)272-0930. The examiner can normally be reached 6-3 EST Mon-Fri.
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, Robert Mondesi can be reached at (408) 918-7584. 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.
rgh
5/4/2026
/RICHARD G HUTSON/Primary Examiner, Art Unit 1652
Prosecution Insights