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 .
Status of Claims
Claims 1, 4, 7, 9-18, 20-21, and 23-26 are pending and under examination in this application. Any objections or rejections not repeated below have been withdrawn.
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, 4, 7, 9-18, 20-21, and 23-26 are rejected under 35 U.S.C. 103 as being unpatentable over Sakai et al. US 20090087419 (cited on IDS dated 10/25/2024) in view of Eerdunbayaer et al., Structures of New Phenolics Isolated from Licorice, and the Effectiveness of Licorice Phenolics on Vancomycin-Resistant Enterococci, Molecules (cited on IDS dated 05/13/2024), Ohike US 20200138070, Ikehara et al. US 20050118289 (cited on IDS dated 10/25/2024), and Lee et al. US 20130041023.
Please note the rejection below is based off page numbers added to Eerdunbayaer reference and supplied with the rejection.
Regarding claims 1, 9-13, 20-21 and 25 Sakai teaches a liquid seasoning or food (a licorice polyphenol preparation used in foods, beverages, sauce or dressing; [0001], [0041], claims 12 and 19), as required by claim 1.
Claim 1 recites the food or beverage article comprises “one or more compounds selected from the group consisting of licoricidin, 8-(γ,γ-dimethylallyl)-wighteone, glyasperin C, isoangustone A and licoarylcoumarin.” The instant specification [0032] states that these compounds are contained in licorice extract. It is also noted that these compounds are licorice polyphenol compounds, as shown by Eerdunbayaer (pgs. 8-9 paragraphs 1 and 2 under heading 2.3). Sakai teaches the food or beverage article comprises licorice polyphenol preparations [0001], [0019]. However, Sakai is silent as to the specific phenolic compounds listed in claims 1 and 9-13.
Eerdunbayaer teaches isolating phenolic compounds from licorice, specifically licoricidin, required by claims 1 and 9, 8-(γ,γ-dimethylallyl)-wighteone, required by claims 1 and 10, glyasperin C, required by claims 1 and 11, isoangustone A, required by claims 1 and 12 and licoarylcoumarin, required by claims 1 and 13 (Abstract, pgs. 8-9 paragraphs 1 and 2 under heading 2.3). Eerdunbayaer recognizes licorice has a variety of pharmaceutical functions, such as antiulcer, anti-inflammatory, antiviral, and anticarcinogenic activities and that licorice phenolics have demonstrated various antibacterial effects (pg. 2 paragraph 1 under heading 1. Introduction).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Sakai by incorporating the teachings of Eerdunbayaer by having the food or beverage article of Sakai comprise one or more compounds selected from the licorice phenolic compounds of Eerdunbayaer, specifically licoricidin, 8-(γ,γ-dimethylallyl)-wighteone, glyasperin C, isoangustone A and licoarylcoumarin since licorice phenolics have demonstrated various antibacterial effects and licorice has a variety of pharmaceutical functions, such as antiulcer, anti-inflammatory, antiviral, and anticarcinogenic activities, as recognized by Eerdunbayaer (pg. 2 paragraph 1 under heading 1. Introduction).
Sakai teaches the food or beverage article comprises salt (the licorice polyphenol preparation emulsion has an aqueous component, where the aqueous component may comprise water-soluble components such as various salts; [0036]; and also teaches a beverage preparation with the licorice polyphenol preparation emulsion that also comprises trisodium citrate (salt) [0067-0068]).
Sakai discloses wherein a total concentration of the one or more compounds (licorice polyphenol preparation, or the emulsion composition, which contains the licorice polyphenol; [0037], [0042]) are not particularly limited as to the amount they may be present in a food or beverage article (food products; [0042]). Sakai teaches the one or more compounds (polyphenol content) are in the emulsion at 0.24% (pg. 6 Table 1). Since Sakai teaches the one or more compounds, in the form of an emulsion, are not limited as to the amount it may be present in a food or beverage article (food product; [0042]), it would have been obvious to use any amount including 10 ppm or more, as required by claim 1, 25 ppm or more, as required by claim 20, and 50 ppm or more, as required by claim 21.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have added the compound (licorice polyphenol) to the food or beverage article in the amount within the claimed range for claims 1, 20 or 21 since Sakai teaches the compound, in the form of an emulsion, is not limited as to the amount it may be present in a food or beverage article (food product; [0042]).
Sakai does not particularly limit the amount of salt in the composition as long as it does not influence the emulsification [0036]. However, Sakai does not specifically state the amount of salt within the claimed range.
Ohike teaches a liquid seasoning that comprises licorice extract and/or licorice (Abstract, [0012], [0031], [0035]). Ohike teaches is an exemplary embodiment that salt is in the composition at 3% ([0082] Table 1). Ohike recognizes that a composition with this percentage of salt is free from or has little change in color and smell over time ([0001], [0083], Table 1), This is within the claimed range of salt between 0.2% or more and 12% or less, as required by claim 1; and within the claimed range of 1.5 or more and 12% or less, as required by claim 25.
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Sakai in view of Eerdunbayaer by incorporating the teachings of Ohike by having the food or beverage article of Sakai comprise salt within the claimed range since the composition with the claimed amount of salt is free from or has little change in color and smell over time, as recognized by Ohike ([0001], [0083], Table 1).
Sakai does not particularly limit the pH of the composition and only states that a pH adjuster may be arbitrarily and optionally added for the purpose of stabilization of the preparations within the scope which does not impair the effects of the present invention [0035]. However, Sakai does not specifically state the claimed pH range.
Ikehara teaches extracting components from licorice, where the components contain flavonoid components and using them to prepare food and drink (Abstract, [0001], [0033]). In an exemplary embodiment, Ikehara discloses a food preparation that has a pH of 4.0 [0076]. This is within the claimed range of a pH of 4.0, as required by claim 1. Ikehara recognizes that a food preparation with a pH within this range has a hypoglycemic action and lipid metabolism-improving action that are significantly advantageous [0082].
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Sakai in view of Eerdunbayaer and Ohike by incorporating the teachings of Ikehara by having the composition of Sakai comprise a pH within the claimed range since the composition with the claimed pH has a hypoglycemic action and lipid metabolism-improving action that are significantly advantageous, as recognized by Ikehara [0082].
Sakai does not disclose an alcohol concentration of the liquid seasoning or food. Lee teaches a food composition comprising licorice extract for the prevention and treatment of rotavirus infection (Abstract, [0001]). Lee teaches there is no particular limit to the kind of food composition and discloses that the food composition may contain various ingredients such as alcohol in an amount of 0.01-0.1 parts by weight based on 100 parts by weight, or 0.01-0.1% [0051], [0053]. This is within the claimed range of alcohol concentration of the liquid seasoning or food from 0.01-10%, as required by claim 1.
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Sakai in view of Eerdunbayaer, Ohike and Ikehara by incorporating the teachings of Lee by having the composition of Sakai comprise an alcohol concentration within the claimed range since the composition with the claimed range can be used to prevent and treat a rotavirus infection, as recognized by Lee (Abstract, [0001]).
Regarding claim 4, modified Sakai discloses the composition of claim 1, as discussed above. Sakai teaches the food or beverage article is liquid seasoning, where the liquid seasoning is sauce or dressing [0041].
Regarding claims 7, 14-18, 23-24 and 26 Sakai a method of adjusting a total concentration of compounds in a liquid seasoning or food (adding to food products an amount that is not particularly limited; [0041-0042]), as required by claim 7.
It is noted the compounds being adjusted in claim 7 are licorice polyphenol compounds, as shown by Eerdunbayaer (pgs. 8-9 paragraphs 1 and 2 under heading 2.3). Sakai teaches the compound(s) adjusted in the food or beverage article comprises licorice polyphenol preparations [0001], [0019]. However, Sakai is silent as to the specific phenolic compounds listed in claims 7 and 14-18.
Eerdunbayaer teaches isolating phenolic compounds from licorice, specifically licoricidin, required by claims 7 and 14, 8-(γ,γ-dimethylallyl)-wighteone, required by claims 7 and 15, glyasperin C, required by claims 7 and 16, isoangustone A, required by claims 7 and 17 and licoarylcoumarin, required by claims 7 and 18 (Abstract, pgs. 8-9 paragraphs 1 and 2 under heading 2.3). Eerdunbayaer recognizes licorice has a variety of pharmaceutical functions, such as antiulcer, anti-inflammatory, antiviral, and anticarcinogenic activities and that licorice phenolics have demonstrated various antibacterial effects (pg. 2 paragraph 1 under heading 1. Introduction).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Sakai by incorporating the teachings of Eerdunbayaer by having the food or beverage article of Sakai comprise one or more compounds selected from the licorice phenolic compounds of Eerdunbayaer, specifically licoricidin, 8-(γ,γ-dimethylallyl)-wighteone, glyasperin C, isoangustone A and licoarylcoumarin since licorice phenolics have demonstrated various antibacterial effects and licorice has a variety of pharmaceutical functions, such as antiulcer, anti-inflammatory, antiviral, and anticarcinogenic activities, as recognized by Eerdunbayaer (pg. 2 paragraph 1 under heading 1. Introduction).
Sakai discloses the one or more compounds (licorice polyphenol preparation, or the emulsion composition, which contains the licorice polyphenol; [0037], [0042]) are not particularly limited as to the amount it may be present in a liquid seasoning or food (food products; [0042]). Sakai teaches the one or more compounds (polyphenol content) are in the emulsion at 0.24% (pg. 6 Table 1). Since Sakai teaches the one or more compounds, in the form of an emulsion, are not limited as to the amount it may be present in a food or beverage article (food product; [0042]), it would have been obvious to use any amount including 10 ppm or more, as required by claim 7, 25 ppm or more, as required by claim 23 and 50 ppm or more, as required by claim 24.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have added the compound (licorice polyphenol) to the food or beverage article in the amount within the claimed range for claims 7, 23 or 24 since Sakai teaches the compound, in the form of an emulsion, is not limited as to the amount it may be present in a food or beverage article (food product; [0042]).
Sakai teaches the food or beverage article comprises salt (the licorice polyphenol preparation emulsion has an aqueous component, where the aqueous component may comprise water-soluble components such as various salts; [0036]; and also teaches a beverage preparation with the licorice polyphenol preparation emulsion that also comprises trisodium citrate (salt) [0067-0068]). Sakai does not particularly limit the concentration of salt in the food or beverage article as long as it does not influence the emulsification [0036]. However, Sakai does not specifically state the concentration that the salt is adjusted to.
Ohike teaches a liquid seasoning that comprises licorice extract and/or licorice (Abstract, [0012], [0031], [0035]). Ohike teaches is an exemplary embodiment that salt is in the composition at 3% ([0082] Table 1). Ohike recognizes that a composition with this percentage of salt is free from or has little change in color and smell over time ([0001], [0083], Table 1), This is within the claimed range of salt between 0.2% or more and 12% or less, as required by claim 7; and within the claimed range of 1.5 or more and 12% or less, as required by claim 26.
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Sakai in view of Eerdunbayaer by incorporating the teachings of Ohike by having the food or beverage article of Sakai comprise salt within the claimed range since the composition with the claimed amount of salt is free from or has little change in color and smell over time, as recognized by Ohike ([0001], [0083], Table 1).
Sakai does not particularly limit the pH and only states that a pH adjuster may be arbitrarily and optionally added for the purpose of stabilization of the preparations within the scope which does not impair the effects of the present invention [0035]. However, Sakai does not specifically state the claimed pH range.
Ikehara teaches extracting components from licorice, where the components contain flavonoid components and using them to prepare food and drink (Abstract, [0001], [0033]). In an exemplary embodiment, Ikehara discloses a food preparation that has a pH of 4.0 [0076]. This is within the claimed range of a pH of 4.0, as required by claim 7. Ikehara recognizes that a food preparation with a pH within this range has a hypoglycemic action and lipid metabolism-improving action that are significantly advantageous [0082].
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Sakai in view of Eerdunbayaer and Ohike by incorporating the teachings of Ikehara by having the composition of Sakai comprise a pH within the claimed range since the composition with the claimed pH has a hypoglycemic action and lipid metabolism-improving action that are significantly advantageous, as recognized by Ikehara [0082].
Sakai does not disclose an alcohol concentration of the liquid seasoning or food. Lee teaches a food composition comprising licorice extract for the prevention and treatment of rotavirus infection (Abstract, [0001]). Lee teaches there is no particular limit to the kind of food composition and discloses that the food composition may contain various ingredients such as alcohol in an amount of 0.01-0.1 parts by weight based on 100 parts by weight, or 0.01-0.1% [0051], [0053]. This is within the claimed range of alcohol concentration of the liquid seasoning or food from 0.01-10%, as required by claim 7.
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Sakai in view of Eerdunbayaer, Ohike and Ikehara by incorporating the teachings of Lee by having the composition of Sakai comprise an alcohol concentration within the claimed range since the composition with the claimed range can be used to prevent and treat a rotavirus infection, as recognized by Lee (Abstract, [0001]).
Sakai in view of Eerdunbayaer, Ohike, Ikehara and Lee teaches a substantially identical food or beverage article, as shown by the above rejection. Therefore, since the composition of Sakai in view of Eerdunbayaer, Ohike, Ikehara and Lee is substantially identical to the claimed composition, it is considered to possess the property of suppressing proliferation of lactic acid bacteria and/or flat sour bacteria in a food or beverage article, as stated in claim 7, absent convincing arguments or evidence to the contrary. See In re Best, 562 F.2d 1252, 1255 (CCPA 1977) (MPEP §2112.01 (I)).
Response to Arguments
Applicant’s arguments with respect to claims 1, 4, 7, 9-18, 20-21, and 23-26 have been considered but are moot because the new ground of rejection does not rely on any teaching or matter specifically challenged in the argument.
Additionally, applicant argues on pg. 6 of their remarks that Lee discloses an alcoholic beverage and alcohol, but does not disclose an alcohol concentration of the liquid seasoning or food is between 0.01-10%. However, the Office disagrees for the following reasons.
As shown in the rejection above, Lee teaches a food composition comprising licorice extract for the prevention and treatment of rotavirus infection (Abstract, [0001]). Lee teaches there is no particular limit to the kind of food composition and discloses that the food composition may contain various ingredients such as alcohol in an amount of 0.01-0.1 parts by weight based on 100 parts by weight, or 0.01-0.1% [0051], [0053]. This is within the claimed range of alcohol concentration of the liquid seasoning or food from 0.01-10%, as required by claims 1 and 7. It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Sakai in view of Eerdunbayaer, Ohike and Ikehara by incorporating the teachings of Lee by having the composition of Sakai comprise an alcohol concentration within the claimed range since the composition with the claimed range can be used to prevent and treat a rotavirus infection, as recognized by Lee (Abstract, [0001]).
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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/S.R.G./Examiner, Art Unit 1791
/ELIZABETH GWARTNEY/Primary Examiner, Art Unit 1759
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