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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 April 13, 2026 has been entered.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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) 1-4 and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shimada (JP 2009165450 A).
Claim 1 has been amended to recite the following limitations:
A browning agent for food product, comprising polyphenol oxidase, and the food product comprises betalain.
In regard to claim 1, it is noted that the instant claim is directed to the browning agent comprising polyphenol oxidase. The recitation of “for food product” in the preamble of claim 1 indicated intended use of the browning agent. The limitation of “and the food product comprises betalain” does not further limit the browning agent itself. It only further limits the intended use of the browning agent.
In regard to claims 1 and 6, Shimada discloses polyphenol oxidase as a color-altering agent for red rice:
As a result of further diligent research, the present inventors have been able to impart a natural and very vivid color tone to red rice by using polyphenol oxidase during the production of red rice, and the process is also special ([0011]).
In regard to claim 6, Shimada discloses that glycosidase and cellulase may be also included in the enzyme composition ([0028]).
Claims 1-3 recites intended use of a composition, i.e. the composition intended to be used in “alternative meat” or food for “browning”. However, these claims are directed to the composition itself. In any case, Shimada discloses a food products that may include solely plant material and plant-based proteins such as soybean material and plant proteins:
In the present invention, a wide variety of soybean-related substances can be used, including components obtained from soybeans and substances obtained by processing, refining or chemically modifying such components. For example, these include soybean pulp, dried soybean pulp, soy protein, soy milk, soy milk powder, soybean oil and fat, soybean lecithin, soybean globulin, soybean peptides, and soybean isoflavones. These may be used alone or in combination of two or more. However, the soybean-related substances that can be used in the present invention are not limited to these specific example ([0020]).
In the present invention, a wide variety of proteins that are commonly used in foods can be used as the protein. For example, one or more of substances derived from plants, animals, or microorganisms, such as soy protein, wheat protein, fish protein, spirulina, gluten, activated gluten, gliadin, glutenin, egg white, egg yolk, gelatin, collagen, plasma, and blood protein, or processed or chemically modified substances thereof, can be used. However, the proteins that can be used in the present invention are not limited to these specific examples ([0026]).
In regard to claim 4, Shimada discloses addition of polyphenol oxidase to red rice ([0011], [0012]).
In regard to the recitation of heating the food product in claim 3, Shimada discloses that polyphenol oxidase is added to the red rice before cooking/steaming ([0045]).
Shimada also discloses that brown coloring agent could be used in the composition ([0040]).
Allowable Subject Matter
Claim 5 is free of prior art. Claim 5 will be allowed upon the cancellation of claims 1-4 and 6.
Response to Arguments
Applicant’s arguments, see the Reply to the Final Office action, filed April 13, 2026, with respect to claim 5 have been fully considered and are persuasive. The rejection of claim(s) 5 under 35 U.S.C. 102(a)(1) as being anticipated by Shimada (JP 2009165450 A) has been withdrawn. Claim 5 is free of prior art. Claim 5 will be allowed upon the cancellation of claims 1-4 and 6.
Applicant's arguments filed directed to the claims 1-4 and 5 have been fully considered but they are not persuasive. Applicant’s arguments are directed to the intended use of the claimed composition. However, claims 1-4 and 5 are not directed to the process of using the claimed composition.
Conclusion
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/VERA STULII/Primary Examiner, Art Unit 1791
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