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 .
Application Status
Amended claim 40-50 are under examination.
Claim 1-39 are cancelled.
Claim 50-59 are withdrawn from examination.
Claim 40-50 are rejected. No claims are allowed.
Claim Objections
Claim 46 and 50 are objected to because of the following informalities: claim 46, line 1-2 recites “an average fiber content”, should be “the average fiber content” since antecedent basis have been established in claim 40, line 5; and claim 50, line 1-2 recites “a solid content”, should be “the solid content” since antecedent basis have been established in claim 40, line 7. Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 40-50 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by 조상균 (KR 20070019265 A, Machine Translation English).
Regarding claim 40, 43, 45, 46, 47 and 48, 조상균 (KR’265) discloses a process of making high-fiber soybean milk (whole soy food product) containing whole nutrients of soybean (KR’265, Abstract, pg. 3, 6th full paragraph) comprising grinding soaked soybeans (whole soybeans) with water to provide liquid (liquefication product) with solids components (soy pulp fraction) and the water (liquid fraction) (KR’265, pg. 4, 2nd to 5th paragraphs), treating a mixture containing the liquid (liquefication product) with cellulolytic enzymes cellulase (KR’265, pg. 4, 6th paragraph), thereby forming the high-fiber soybean milk (whole soy food product) (KR’265, pg. 4, 7th – 9th paragraph; pg. 5, 1st paragraph). With respect to claim 45 and 48, as 조상균 (KR’265) uses like material, whole soybeans, water and cellulolytic enzymes cellulase in a like matter of grinding (liquefying) and treating with enzymes as claimed in claim 40; hence it would be therefore be expected that the high-fiber soybean milk (whole soy food product) will have the same characteristics claimed, particularly the viscosity as claimed, absence a showing of unexpected results.
With respect to new limitation of “…wherein the liquefaction product has an average fiber content from about 0.5 wt% to about 5 wt% and a solid content from about 5 wt% to about 50 wt% in claim 40, and the limitation of claim 46, is considered a recitation of an intermediate product, in this case the liquefaction product in the claimed process; as 조상균 (KR’265) uses like material, whole soybeans, water and cellulolytic enzymes cellulase in a like matter of grinding (liquefying) and treating with enzymes as claimed in claim 40, hence it would be therefore be expected that liquid (liquefication product) with the solids components (soy pulp fraction) will have the same characteristics claimed, particularly the average fiber content as claimed in claim 40 and 46, absence a showing of unexpected results.
조상균 (KR’265) discloses the high-fiber soybean milk (whole soy food product) with a solid content of 12 to 13 brix % (KR’265, pg. 5, ln. 2nd paragraph), which is in range with cited range
Regarding claim 41, 조상균 (KR’265) discloses the high-fiber soybean milk (whole soy food product) with a viscosity of 20 to 100 cps (KR’265, pg. 5, 4th paragraph) which is in range with cited range.
Regarding claim 42, 조상균 (KR’265) discloses a weight ratio of the water (liquid) to soybeans which includes soy pulp, is 4.5 to 4.9 : 1 (KR’265, pg. 4, 3rd paragraph), which is in range with cited range.
Regarding claim 44, 조상균 (KR’265) discloses the high-fiber soybean milk (whole soy food product) with particle size of 60 to 90 um (KR’265, pg. 5, ln. 1st paragraph), which is in range with cited range.
Regarding claim 49 and 50, 조상균 (KR’265) discloses the high-fiber soybean milk (whole soy food product) with the solid content of 12 to 13 brix % (KR’265, pg. 5, ln. 2nd paragraph), which is in range with cited range.
Response to Arguments
Applicant's arguments filed 12/29/2025 have been fully considered but they are not persuasive.
With respect to new limitation of “…wherein the liquefaction product has an average fiber content from about 0.5 wt% to about 5 wt% and a solid content from about 5 wt% to about 50 wt% in claim 40, and the limitation of claim 46, is considered a recitation of an intermediate product, in this case the liquefaction product in the claimed process; as 조상균 (KR’265) uses like material, whole soybeans, water and cellulolytic enzymes cellulase in a like matter of grinding (liquefying) and treating with enzymes as claimed in claim 40, hence it would be therefore be expected that liquid (liquefication product) with the solids components (soy pulp fraction) will have the same characteristics claimed, particularly the average fiber content as claimed in claim 40 and 46, absence a showing of unexpected results
Attention to MPEP 716.02(b) III,
The patentability of an intermediate may be established by unexpected properties of an end product "when one of ordinary skill in the art would reasonably ascribe to a claimed intermediate the ‘contributing cause’ for such an unexpectedly superior activity or property." In re Magerlein, 602 F.2d 366, 373, 202 USPQ 473, 479 (CCPA 1979). "In order to establish that the claimed intermediate is a ‘contributing cause’ of the unexpectedly superior activity or property of an end product, an applicant must identify the cause of the unexpectedly superior activity or property (compared to the prior art) in the end product and establish a nexus for that cause between the intermediate and the end product." Id. at 479.
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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/HONG T YOO/ Primary Examiner, Art Unit 1792