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 .
This Office Action is written in response to the Applicants Remarks filed 3/10/26. Claims 1, 3, 4, 6, and 7 are pending and have been examined on the merits. Claims 2 and 5 have been cancelled. Claim 7 is new.
Withdrawn Rejections
The 103(a) rejections of claims 3 and 6 over Yano et al. (AU 6471194) 1995, Kaneko et al. 2015 Aroma Compounds in Japanese Sweet rice wine (mirin) screened by AEDA vol. 79 No 3 pages 484-487, Takayama et al. JP6545408B1 2019 Machine Translation and Matsumoto et al. (JP2011083262) Machine Translation 2011 have been withdrawn due to the amendment to claim 3.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Yano et al. (AU 6471194) 1995 in view of Kaneko et al. 2015 Aroma Compounds in Japanese Sweet rice wine (mirin) screened by AEDA vol. 79 No 3 pages 484-487 and Takayama et al. JP6545408B1 2019 Machine Translation.
Regarding Claims 1 and 4: Yano discloses mirin as containing about 46% glucose [abstract; Table 13]. Yano does not disclose the addition of salt [abstract; Table 13].
Yano does not disclose the presence of maltol or the presence of maltol at .3ppm or more.
Kaneko discloses the aroma compounds found in mirin as including maltol (3-hydroxy-2-methyl-4-pyranone) as a key aroma component [Table 1.]. Kaneko discloses maltol at about 8.34 ug/L (.00834 ppm) [Table 1].
Takayama discloses a seasoning liquid for food [pg. 2, 3rd full paragraph; pg. 6]. Takayama discloses including maltol in a seasoning liquid in order to suppress the deterioration of the product and to improve the flavor and taste of the food to which the seasoning liquid is applied [pg. 2, 3rd full paragraph; pg. 8, 1st full paragraph]. Takayama discloses that maltol is provided at .05ppm or more, 0.1 ppm or more, and .5ppm or more with respect the improver (composition added to the food) [pg. 9, 3rd full paragraph]. Takayama discloses that the food improver is a liquid seasoning and discloses basic raw materials as vinegars and liquors [pg. 10, 1st full paragraph-7th para]. Takayama discloses liquors as including mirin [pg. 11, 8th para “As the above mentioned liquors…”].
At the effective filing date of the invention it would have been obvious to one of ordinary skill in the art that the mirin of Yano would have contained a base amount of maltol as in Kaneko since Kaneko discloses maltol as a key aroma component.
Further it would have been obvious to one of ordinary skill in the art to modify the mirin of Yano to further include maltol in amount in excess of .5ppm as in Takayama in order to slow the deterioration of flavor, the deterioration of texture, and the level of oxidation in the foods to which the seasoning liquid is added and in order to further improve the sweetness and smell in the foods over time [pg. 6, 1st and 2nd full paragraphs].
Claims 3 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Yano et al. (AU 6471194) 1995 in view of Kaneko et al. 2015 Aroma Compounds in Japanese Sweet rice wine (mirin) screened by AEDA vol. 79 No 3 pages 484-487, Takayama et al. JP6545408B1 2019 Machine Translation and Aso et al. (OA 17074) Machine Translation 2016.
Regarding Claims 3 and 6: Yano discloses mirin as containing about 46% glucose [abstract; Table 13]. Yano does not disclose the addition of salt [abstract; Table 13].
Yano does not disclose the presence of maltol at .3ppm or more.
Yano does not disclose the presence of methional or the presence of methional at .25ppm or more.
Kaneko discloses the aroma compounds found in mirin as including maltol (3-hydroxy-2-methyl-4-pyranone) and methional (3-(methylthio)propanal as key aroma components [abstract; Table 1.]. Kaneko discloses the aroma compounds found in mirin as including as a key aroma component [Table 1.]. Kaneko discloses maltol at about 8.34 ug/L (.00834 ppm) [Table 1]. Kaneko discloses methional at about 16.6 ug/L (.016 ppm) [Table 1].
Takayama discloses a seasoning liquid for food [pg. 2, 3rd full paragraph; pg. 6]. Takayama discloses including maltol in a seasoning liquid in order to suppress the deterioration of the product and to improve the flavor and taste of the food to which the seasoning liquid is applied [pg. 2, 3rd full paragraph; pg. 8, 1st full paragraph]. Takayama discloses that maltol is provided at .05ppm or more, 0.1 ppm or more, and .5ppm or more with respect the improver (composition added to the food) [pg. 9, 3rd full paragraph]. Takayama discloses that the food improver is a liquid seasoning and discloses basic raw materials as vinegars and liquors [pg. 10, 1st full paragraph-7th para]. Takayama discloses liquors as including mirin [pg. 11, 8th para “As the above mentioned liquors…”].
Aso discloses imparting improved aroma to a composition which is a brewed or fermented food or drink [abstract; pg. 6]. Aso discloses adding methional at not less than 0.2 ppm to not more than 230 ppm [abstract]. Aso discloses sweet cooking rice wine [pg. 3, last paragraph].
At the effective filing date of the invention it would have been obvious to one of ordinary skill in the art that the mirin of Yano would have contained a base amount of maltol and methional as in Kaneko since Kaneko discloses maltol and methional as a key aroma component.
Further it would have been obvious to one of ordinary skill in the art to modify the mirin of Yano to further include maltol in amount in excess of .5ppm as in Takayama in order to slow the deterioration of flavor, the deterioration of texture, and the level of oxidation in the foods to which the seasoning liquid is added and in order to further improve the sweetness and smell in the foods over time [pg. 6, 1st and 2nd full paragraphs].
Further it would have been obvious to one of ordinary skill in the art to modify the mirin of Yano to further include methional in amount of 0.2 ppm to not more than 230 ppm as in Aso in order to improve the aroma and flavor of the brewed of fermented food.
Although Aso does not disclose the methional at 0.25 ppm or more, one having ordinary skill in the art at the effective filing date of the invention would have considered the invention to have been obvious because the range taught by Aso overlaps the instantly claimed range and therefore is considered to establish a prima facie case of obviousness. In re Malagari 182 USPQ 549,553.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Yano et al. (AU 6471194) 1995 in view of Kaneko et al. 2015 Aroma Compounds in Japanese Sweet rice wine (mirin) screened by AEDA vol. 79 No 3 pages 484-487 and Takayama et al. JP6545408B1 2019 Machine Translation as applied to claim 1 above and in further view of Koike et al. (US 2009/0098268).
Regarding Claim 7: Yano as modified discloses as discussed above in claim 1. Yano as discussed above discloses mirin. Yano does not disclose wherein the seasoning is Hon Mirin.
Koike discloses a liquid seasoning that is mirin and discloses Hon Mirin and mirin-like seasoning as types of mirin [0052; 0065].
At the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the composition of Yano to utilize Hon Mirin as the liquid seasoning as in Koike since Hon mirin is true or sweet mirin and therefore a type of mirin and since Yano discloses a high sugar content which is typical of Hon mirin.
Response to Arguments
The 103(a) rejections of claims 3 and 6 over Yano et al. (AU 6471194) 1995, Kaneko et al. 2015 Aroma Compounds in Japanese Sweet rice wine (mirin) screened by AEDA vol. 79 No 3 pages 484-487, Takayama et al. JP6545408B1 2019 Machine Translation and Matsumoto et al. (JP2011083262) Machine Translation 2011 have been withdrawn due to the amendment to claim 3.
Regarding the rejections of claims 1 and 4, Applicant's arguments filed 3/10/26 have been fully considered but they are not persuasive. The Applicants assert that Takayama does teach mirin and that the Examiner has not shown why it would have been obvious to include the maltol of Takayama in the composition of Yano and for the amount in Takayama.
The Examiner disagrees because Takayama is drawn to seasoning liquids and discloses liquors including mirin. Further, Takayama discloses the purpose of maltol and that it suppresses the deterioration of the product, improves the flavor and taste of the to food to which the seasoning liquid is applied. The Examiner maintains that the support for modification of Yano has been provided.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FELICIA C TURNER whose telephone number is (571)270-3733. The examiner can normally be reached Mon-Thu 8:00-4:00 pm.
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/Felicia C Turner/Primary Examiner, Art Unit 1793
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