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 18-29 in the reply filed on 2 October 2025 is acknowledged.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 22-26 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 22 recites “a raw material plant protein is contained at a concentration of 0.2% (w/v) to 10.0% (w/v)” but fails to identify where this raw material plant protein is contained. It is unclear if this claim is specifying how much raw plant protein is present in the plant milk, the heated liquid food or beverage or the plant milk-containing liquid food or beverage produced by the method. For the purpose of examination a protein concentration as recited in any of the liquids of the method will be interpreted to read on the claim. Appropriate correction is required.
Claim 23 recites “wherein dispersibility when mixed with a heated liquid food or beverage is improved by the treatment”. It is unclear from this recitation what dispersibility is being improved because the limitation does not identify what is being “mixed”. For the purpose of examination it is assumed that the claim intended to recite “wherein the dispersibility of the plant milk when mixed with a heated liquid food or beverage is improved by the protein deamidase treatment”. Appropriate correction is required.
Claims 24-26 all recite “the liquid food or beverage”. Claims 18 and 23, from which these claims depend, recite “a plant milk-containing liquid food or beverage” and “a heated liquid food or beverage”. The fact pattern is similar to that enumerated in MPEP 2173.05(e) which states “if two different levers are recited earlier in the claim, the recitation of "said lever" in the same or subsequent claim would be unclear where it is uncertain which of the two levers was intended.” For the purpose of examination, either of the “a plant milk-containing liquid food or beverage” and “a heated liquid food or beverage” having the claimed elements will be interpreted to read on these claims. Appropriate correction is required.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 18-29 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Stiles USPGPub 20220079187.
Regarding claims 18, 19 and 26, Stiles teaches a method of mixing a plant milk treated with a protein deamidase with a heated liquid beverage (coffee). [0011,0014]
Regarding claims 20 and 21, Stiles teaches plant milks selected from soy, pea, oat, hemp, buckwheat, almond, hazelnut, peanut and coconut milks. [0041, 0068]
Regarding claim 22, Stiles teaches plant milk having a protein concentration of 0.5-10 wt%. [0063]
Regarding claim 23, Stiles teaches that the dispersibility of the plant milk in the hot beverage is improved by the treatment with deamidase. [0010]
Regarding claims 24 and 25, the pH of heated liquid food or beverage of Stiles is approximately 5.15. [0175]
Regarding claim 27, the method of Stiles does not contain and emulsifier or thickening polysaccharide. (Ex. 2)
Regarding claims 28 and 29, the protein deamidase of Stiles is derived from Chryseobacterium proteolyticum. [0049-0050]
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michele L Jacobson whose telephone number is (571)272-8905. The examiner can normally be reached Monday through Friday from 10-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Emily Le can be reached at (571) 272-0903. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Michele L Jacobson/Primary Examiner, Art Unit 1793