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 .
Election/Restrictions
Applicant’s election without traverse of Group III (claims 2-7, 11-13, 15 and 31-34) and species i (claim 5) in the reply filed on 11/12/2025 is acknowledged.
Applicant canceled claims in other Groups.
Species ii (claims 6-7) is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/12/2025.
During a telephone conversation with Attorney Anneliese Mayer on 12/8/2025, a provisional election was made without traverse to prosecute the species of d50 of the fragments less than 500 nm, claim 5. Affirmation of this election must be made by applicant in replying to this Office action. Claim 34 is withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Response to Amendment
The amendment filed on 11/12/2025 has been entered. Claim(s) 2-7, 11-13 and 15 is/are currently amended. Claim(s) 1, 8-10, 14 and 16-30 has/have been cancelled. Claims 31-34 are new. Claims 2-7, 11-13 and 31-34 are depending on claim 15. Claim(s) 2-7, 11-13, 15 and 31-34 is/are pending with claim(s) 6-7 and 34 withdrawn from consideration. Claim(s) 2-5, 11-13, 15 and 31-33 is/are under examination in this office action.
Claim Rejections - 35 USC § 102
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 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) 2-5, 11-13, 15 and 31-33 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Garcia et al (US 20220169858 A1).
Regarding claims 15 and 2-5, Garcia teaches a method for preparing a soy protein hydrogel comprising adding the plant-based protein into a solvent system, wherein the solvent system comprises two or more miscible co-solvents as defined herein [0077]. The first co-solvent increases solubility of the plant based protein(s) and includes an organic acid [0078-0080]. The second co-solvent has decreased solubility of the plant based protein(s) and includes water [0081-0082]. The protein solution is heated such that the liquid solution is held above the sol-gel transition for the protein(s) [0087], and then reduced to a second temperature below the sol-gel transition temperature to facilitate formation of the hydrogel [0090].
The examiner submits that the above process reads on the claimed steps (a) and (b) in step (1).
Garcia teaches that by applying mechanical agitation, the protein gels return to liquid form, enabling unique manufacturing capabilities [0113]. The soy protein hydrogel prepared in Example 2 was re-suspended in a 50% v/v ethanol-aqueous solution and left under constant agitation [0213]. The mechanical agitation disrupts large colloidal protein aggregates into smaller ones, and the size of the protein aggregates can be significantly reduced to particle sizes below 100 nm [0100]. This reads on the claimed high-shear treatment step (c) in step (1), as evidenced by the applicant [P3L32-34, spec.].
Garcia further teaches that the solvent of the hydrogel can be exchanged [0119] or evaporated [0120]. This will reduce the level of at least one and likely both solvents, thus meeting claimed step (2).
Regarding claim 11, Garcia teaches adjusting the pH of the hydrogel from pH=2 to pH=10 with NaOH [0207, 0244, 0250]. NaOH meets the pH-modification material in the instant application as evidenced by the applicant [P19L27, spec.].
Regarding claim 12, Garcia teaches that the composition comprises plasticizer [0122].
Regarding claim 13, The recited viscosity is a property of the product. “Products of identical chemical composition cannot have mutually exclusive properties." A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. “When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not.” In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990)). See MPEP 2112.01. Since the prior art teaches the same product as the current invention, the recited property is expected to be present.
Regarding claims 31-32, Garcia teaches a plant-based structured material which can be a food or pharmaceutical film or coating [0023, 0136].
Regarding claim 33, Garcia teaches that the plant based materials have a protein secondary structure with at least 40% intermolecular β-sheet [0104].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIANGTIAN XU whose telephone number is (571)270-1621. The examiner can normally be reached Monday-Thursday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Jones can be reached on (571) 270-7733. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JIANGTIAN XU/Primary Examiner, Art Unit 1762