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 .
DETAILED ACTION
Status of Claims
Note: The amendment of February 27th, 2026 has been considered.
Claims 1-17 are pending in the current application.
Claims 13, 16 and 17 are withdrawn from consideration.
Claims 1-12, 14 and 15 are examined in the current application.
Any rejections not recited below have been withdrawn.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35 of the U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 3, 4, 11, 12, 14 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sassen et al. (US 6,171,636).
Regarding claim 1: Sassen discloses an interesterified glyceride fat composition comprising less than 5% diglycerides (see Sassen abstract; column 2, lines 45-65; column 4, lines 11-25).
Regarding claim 3: Sassen discloses the fat is a vegetable interesterified triglyceride composition (see Sassen abstract; column 2, lines 45-65).
Regarding claim 4: Sassen discloses the interesterified glyceride composition is enzymatically interestrified (see Sassen column 2, lines 66 to column 3, line 10; column 5, lines 31-44).
Regarding claim 11: Sassen discloses the interestrified glyceride composition can be used for coating and/or enrobing (see Sassen column 5, lines 21-23).
Regarding claim 12: Sassen discloses the interestrified glyceride composition can be added to edible products (see Sassen column 4, lines 48-53).
Regarding claim 14: Sassen discloses the interesterified glyceride composition can be used in baking (see Sassen column 4, lines 48-53)
Regarding claim 15: Sasssen discloses the interesterified vegetable oil glyceride can be used in edible products (see Sassen column 4, lines 48-53).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35 of the U.S. Code not included in this action can be found in a prior Office action.
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 1-12, 14 and 15 rejected under 35 U.S.C. 103 as being unpatentable over Sassen et al. (US 6,171,636).
Regarding claim 2: Sassen discloses an interesterified glyceride fat composition comprising less than 5% diglycerides (see Sassen abstract; column 2, lines 45-65; column 4, lines 11-25). Since the claimed diglyceride content lies inside the diglyceride content in Sassen, a prima facie case of obviousness exists. As set forth in MPEP 2144.05, in the case where the claimed range “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 5: Sassen discloses the interesterified glyceride composition comprises less than 5% of C12:0-C16:0 (see Sassen column 3, lines 14-20), which encompasses the claimed C8:0-C14:0 content.
Regarding claim 6: Sassen discloses the interesterified glyceride composition comprises less than 5% of C12:0-C16:0 (see Sassen column 3, lines 14-20), which encompasses the claimed C12:0 and C14:0 content.
Regarding claim 7: Sassen discloses the interesterified glyceride composition comprises less than 5% of C12:0-C16:0 (see Sassen column 3, lines 14-20), which encompasses the claimed C14:0 content.
Regarding claim 8: Sassen discloses the interesterified glyceride composition comprises less than 5% of C12:0-C16:0 (see Sassen column 3, lines 14-20), which encompasses the claimed C12:0 content.
Regarding claim 9-10: Sassen discloses the interestrified glyceride composition comprises vegetable hard fat (e.g., shea stearin) and interesterified oil at contents that overlap the claimed contents (see Sassen column 2, lines 6-42). Accordingly, a prima facie case of obviousness exists (see MPEP §2144.05).
Response to Arguments
Applicant's arguments filed on February 27th, 2026 have been fully considered but they are not persuasive.
Applicant argues the prior art referenes fail to anticipate, or render the claims obvious, because Sassen teaches that triglycerides that have been subjected to chemical modification treatments are not preferred. The examiner respectfully disagrees.
In column 2, lines 45-65, Sassen discloses the fats of the invention comprise a mixture of chemically treated fats and “green” fats: “[a]fter harvesting the oil may be used without any treatment other than the usual oil refining treatments comprising degumming, bleaching and deodorisation. More often, however, in order to obtain an oil which satisfies the definition in this specification, the oils need at least one modification treatment comprising fractionation or interesterification or blending. For obtaining an optimum mix of triglycerides the fat of course may be blended with other fats which also have not been chemically modified and therefore qualify as ‘green’.” Which meets the claimed limitations.
Conclusion
THIS ACTION IS MADE FINAL. 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 ASSAF ZILBERING whose telephone number is (571)270-3029. The examiner can normally be reached M-F 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Erik Kashnikow can be reached at (571) 270-3475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ASSAF ZILBERING/Examiner, Art Unit 1792
/ERIK KASHNIKOW/Supervisory Patent Examiner, Art Unit 1792
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