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 .
Status of the Application
Receipt is acknowledged of the amendment and response filed 12/1/2025. Claims 1-4 are pending in the application. Claims 1 and 2 were amended.
Response to Arguments
Applicant’s arguments in view of claim amendments have been considered and are partially persuasive. The rejection of claims under 35 USc112(b) is withdrawn. However regarding the rejections under 35 USC 103, applicant’s arguments are not persuasive, as the reference does not require holding at freezing temperature.
For these reasons the rejection under 35 USC 103 is maintained.
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 1-4 are rejected under 35 USC 103 as being unpatentable over Fritsch et al. (FR3062031) in view of Allorent et al (FR3062032) cited in an IDS.
Regarding claims 1-4 , Fritsch discloses a method of making a pastry dough that
can be stored at refrigeration temperature. The method includes steps of mixing
powdered components, adding the fats and mixing, adding the liquid components and
mixing, kneading, rolling, folding, resting periods, cutting the dough into quadrilaterals,
rolling each quadrilateral into a roll, storing, packaging at refrigerated temperature.
Fritsch et al. do not specifically describe a cold solidification step.
However, Allorent et al. describes a method for preparing fresh pizza dough, which is stable in refrigerated storage the method steps including a) Mixing the dry components
and the liquid components, b) Kneading, c) Proofing, d) Dividing into dough pieces,
e) Removing the dough pieces, f) Resting the dough pieces into a ball, g) Flattening the
dough pieces, h) Fermentation of the flattened dough pieces, i) Quick freezing,
j) Vacuum packaging, k) Stabilization at about 4 ° C, I) Preservation at refrigeration
temperature.
Allorent suggests blast freezing to reduce the yeast content in the dough and
thus stabilize the dough and facilitate vacuum packaging without altering their
organoleptic qualities. Rapid freezing, combined with vacuum packaging of the
flatbreads stabilizes the action of the yeasts during the long shelf life and ensures
consistency in the organoleptic quality of the pizza. Allorent further discloses that the
rapid freezing step is not followed by holding at freezing temperature. Therefore, the
rapid freezing is not intended for freezing, but rather for "solidification by freezing at a
negative temperature above the crystallization temperature of the dough", as instantly
claimed, as rapid freezing step is not followed by holding at freezing temperature.
As both Fritsch and Allorent are directed to making leavened, fat-containing
doughs/batters that are stable in refrigerated storage, It would have been obvious to
one of ordinary skill in the art to add a quick-freezing/cold-setting step to the method of
Fritsch in order to obtain a method for preparing fresh flaky pastry stored at
refrigeration temperature with improved stability with a reasonable expectation of
success.
In Allorent, during freezing, there is necessarily a transition at some point to a negative temperature that is still higher than the crystallization temperature of the dough, before passing the crystallization temperature, then reaching the deep-freezing temperature, and returning to a refrigeration temperature for preservation.
Claims 1-4 are therefore prima facie obvious in view of the art.
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 Subbalakshmi Prakash whose telephone number is (571)270-3685. The examiner can normally be reached Monday-Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SUBBALAKSHMI PRAKASH/Primary Examiner, Art Unit 1793
Prosecution Insights