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 without traverse of claims 31-40 in the reply filed on 1/23/2026 is acknowledged. Claims 24-30 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 1/23/2026.
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 31-40 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.
Claim dependents from 24 which recites “wherein treatment conditions in the single screw extruder are determined in advance using a degree of pregelatinization of starch in the processed buckwheat flour and a molecular weight of a water extract of the processed buckwheat flour as indices.”
It is unclear how the conditions are determined and how the degree of pregelatinization of starch in the processed buckwheat flour and a molecular weight of a water extract of the processed buckwheat flour as used as indices. Specifically, the claim provides no end goal to achieve in order to determine how these factors are used as indices.
Regarding claim 34, it is unclear how the degree of pregelatinization of starch in the processed buckwheat flour is 50% or more when independent claim 24 requires the degree of pregelatinization of starch in the processed buckwheat flour to be 70% or more.
Regarding claim 35, it is unclear how the degree of pregelatinization of starch in the processed buckwheat flour is 55 to 99% or more when independent claim 24 requires the degree of pregelatinization of starch in the processed buckwheat flour to be 70% or more.
Prior Art
JP 4403144B2 is the closest prior art. JP ‘144B2 teaches forming puffed buckwheat flour by “Using a biaxial extruder, water is added to buckwheat flour with a protein content of 10% by weight or less at 0.04 to 0.16 L / kg / hr, while a processing temperature is 50 to 100 ° C. and an extrusion pressure is 20 to 70 kg / cm 2. The method for producing pregelatinized buckwheat flour, comprising subjecting said buckwheat flour to a gelatinization treatment. The method for producing pregelatinized buckwheat flour according to claim 1, wherein the pregelatinization degree is 95% or more by the pregelatinization treatment. “
The flour is further ground and mixed with normal buckwheat flour and further processed to form noodle(see examples and claims).
JP ‘144B2 specifically teaches the use and benefit of a twin screw extruder and does not render obvious using a single screw extruder as claimed.
Conclusion
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/KATHERINE D LEBLANC/Primary Examiner, Art Unit 1791
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