DETAILED ACTION
Claim Rejections - 35 USC § 102
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) 1-21, 23-32 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Sobel (US 20170312726 A1).
Regarding claim 1, Sobel discloses a method of providing an active compound powder comprising electrostatic spray drying a formulation comprising at least one active compound (core material) (abstract), an encapsulating agent (carrier or wall material; abstract), and optionally an excipient at an inlet temperature of 150 °C or below and an exhaust temperature of 100 °C or below (abstract), wherein electrical charge is applied externally to droplets of active compound formulation feedstock liquid (para. 25).
Regarding claim 2, Sobel discloses the method of claim 1, wherein the atomizing temperature is about 100 C or below (para. 26).
Regarding claim 3, Sobel discloses the method of claim 1, wherein the applied voltage is about 0.1 kV or more (para. 23).
Regarding claim 4, Sobel discloses the method of claim 1, wherein the applied voltage is continuous (para. 55).
Regarding claim 5, Sobel discloses the method of claim 1, wherein the applied voltage is modulated between two or more different voltages (para. 55).
Regarding claim 6, Sobel discloses the method of claim 1, wherein the at least one active compound is an antioxidant, a vitamin, a bacterium, an omega oil, an essential oil, a flavoring agent, a pigment, a dye, or a combination thereof (para. 18).
Regarding claim 7, Sobel discloses the method of claim 1, wherein when the active compound is an oil the optional excipient is an emulsifier, and when the active compound is other than an oil the optional excipient is an oil (para. 19).
Regarding claim 8, Sobel discloses the method of claim 7, wherein the oil is plant or animal in origin (para. 18).
Regarding claim 9, Sobel discloses the method of claim 8, wherein the at oil is vegetable oil, vegetable shortening, castor oil, rice brain oil, olive oil, canola oil, corn oil, palm oil, coconut oil, flaxseed oil, hempseed oil, rapeseed oil, linseed oil, grapeseed oil, rosehip seed oil, pomegranate seed oil, watermelon seed oil, seabuckthorn berry oil, camellia seed oil (tea oil), cranberry seed oil, hemp seed oil, borage seed oil, evening primrose oil, argan oil, jojoba oil, marula oil, carrot oil, sesame seed oil, sunflower oil, shea nut oil, soybean oil, peanut oil, walnut oil, almond oil, hazelnut oil, kukui nut oil, pecan oil, macadamia nut oil, meadowfoam oil, avocado oil, apricot kernel oil, an essential oil, silicone oil, fish oil, cocoa butter, shea butter, butter, ghee, medium chain triglycercides (MCT), or any combination thereof (para. 18).
Regarding claim 10, Sobel discloses the method of any claim 1, wherein the encapsulating agent is a carbohydrate, a lipid, a protein, ascorbic acid, or a combination thereof (para. 17).
Regarding claim 11, Sobel discloses the method of claim 13, wherein the carbohydrate is maltodextrin, sucrose, dextrose, glucose, lactose, trehalose, amylase, cyclodextrin, dextrin, galactomannan, pectin, starch, modified food starch, inulin, gum Arabic, guar gum, gellan gum, mesquite gum, xanthan gum, alginate, chitosan, shellac, carboxymethylcellulose, or a combination thereof (para. 17).
Regarding claim 12, Sobel discloses the method of claim of 10, wherein the lipid is a fatty acid or an ester thereof, a fatty alcohol (e.g., decanol) or an ester thereof, a triglyceride (present in animal and vegetable oils), a phospholipid, a glycolipid, an aminolipid, a lipopeptide, partial acylglycerol, or a combination thereof (para. 18).
Regarding claim 13, Sobel discloses the method of claim 10, wherein the protein is casein, caseinate, gelatin, casein, soy protein, wheat protein, whey protein, rice protein, pea protein, cocoa shell protein, or a combination thereof (para. 17).
Regarding claim 14, Sobel discloses (see rejection of claim for citations unless otherwise noted) a method of providing an oil emulsion powder comprising electrostatic spray drying an emulsion comprising at least one oil (para. 18), an encapsulating agent, and optionally an emulsifier at an inlet temperature of 150 °C or below and an exhaust temperature of 100 °C or below, wherein electrical charge is applied externally to droplets of oil emulsion feedstock liquid.
Regarding claim 15, Sobel discloses the method of claim 14, wherein the atomizing temperature is about 100 C or below (see rejection of claim 2).
Regarding claim 16, Sobel discloses the method of claim 14, wherein the applied voltage is about 0.1 kV or more (see rejection of claim 3).
Regarding claim 17, Sobel discloses the method of claim 14, wherein the applied voltage is continuous (see rejection of claim 4).
Regarding claim 18, Sobel discloses the method of claims 14, wherein the applied voltage is modulated between two or more different voltages (see rejection of claim 5).
Regarding claim 19, Sobel discloses the method of claim 14, wherein the oil emulsion powder has lower amount of surface free fat compared to a spray dried powder of the same oil emulsion (para. 27).
Regarding claim 20, Sobel discloses the method of claim 14, wherein the oil emulsion powder has an encapsulation efficiency of 50% or more (para. 42).
Regarding claim 21, Sobel discloses the method of claim 20, wherein the oil load (total oil) ranges from 1-60% and the encapsulation efficiency ranges from 90-99% (para. 42).
Regarding claim 23, Sobel discloses the method of claim 14, wherein the at least one oil is plant or animal in origin (see rejection of claim 8).
Regarding claim 24, Sobel discloses the method of claim 23, wherein the at least one oil is vegetable oil, vegetable shortening, castor oil, rice brain oil, olive oil, canola oil, corn oil, palm oil, coconut oil, flaxseed oil, hempseed oil, rapeseed oil, linseed oil, grapeseed oil, rosehip seed oil, pomegranate seed oil, watermelon seed oil, seabuckthorn berry oil, camellia seed oil (tea oil), cranberry seed oil, hemp seed oil, borage seed oil, evening primrose oil, argan oil, jojoba oil, marula oil, carrot oil, sesame seed oil, sunflower oil, shea nut oil, soybean oil, peanut oil, walnut oil, almond oil, hazelnut oil, kukui nut oil, pecan oil, macadamia nut oil, meadowfoam oil, avocado oil, apricot kernel oil, an essential oil, silicone oil, fish oil, cocoa butter, shea butter, butter, ghee, medium chain triglycercides (MCT), or any combination thereof (see rejection of claim 9).
Regarding claim 25, Sobel discloses the method of claim 14, wherein the encapsulating agent is a carbohydrate, a lipid, a protein, ascorbic acid, or a combination thereof (see rejection of claim 10).
Regarding claim 26, Sobel discloses the method of claim 25, wherein the carbohydrate is maltodextrin, sucrose, dextrose, glucose, lactose, trehalose, amylase, cyclodextrin, dextrin, galactomannan, pectin, starch, modified food starch, inulin, gum Arabic, guar gum, gellan gum, mesquite gum, xanthan gum, alginate, chitosan, shellac, carboxymethylcellulose, or a combination thereof (see rejection of claim 11).
Regarding claim 27, Sobel discloses the method of claim of 25, wherein the lipid is a fatty acid or an ester thereof, a fatty alcohol or an ester thereof, a triglyceride, a phospholipid, a glycolipid, an aminolipid, a lipopeptide, partial acylglycerol, or a combination thereof (see rejection of claim 12).
Regarding claim 28, Sobel discloses the method of claims 25, wherein the protein is casein, caseinate, gelatin, casein, soy protein, wheat protein, whey protein, rice protein, pea protein, cocoa shell protein, or a combination thereof (see rejection of claim 13).
Regarding claim 29, Sobel discloses the method of claim 14, wherein the emulsion comprises an emulsifier (para. 19).
Regarding claim 30, Sobel discloses the method of claim 29, wherein the emulsifier is at least one selected from casein, caseinate, lecithin, saponin, carrageenan, gum Arabic, xanthan, whey protein isolate, stearate, glyceryl monostearate, sucrose ester, monopropylene glycol, propylene glycol ester of fatty acid, polyglycerol esters of fatty acid, a mono- and diglycerol, mono- and diglycerides of fatty acids, distilled monoglyceride, polyglycerol polyricinoleate, polysorbate 80, a sorbitan ester, a lactylated ester, an ethoxylated ester, a succinated ester, a fruit acid ester, carboxymethyl cellulose, and a combination thereof (para. 19).
Regarding claim 31, Sobel discloses the method of claim 14, wherein the emulsion further comprises at least one active compound (para. 18).
Regarding claim 32, Sobel discloses the method of claim 31, wherein the at least one active compound is an antioxidant, a vitamin, a bacterium, an omega oil, an essential oil, a flavoring agent, a pigment, a dye, or a combination thereof (para. 18).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sobel (US 20170312726 A1).
Regarding claim 22, Sobel discloses the method of claim 20, except wherein the oil load ranges from 61-90% and the encapsulation efficiency ranges from 55-90%. However, the claimed ranges are a matter of optimization.
Paragraph 37 provides the relationship between oil load (total oil) and encapsulation efficiency. The oil load determines the quantity of the active compound. The encapsulation efficiency affects the shelf life of the product (para. 27). Therefore, a person skilled in the art would have been motivated to arrive at the claimed ranges by considering the quantity of the active compound and the shelf life of the active compound.
Conclusion
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/JASON LAU/Primary Examiner, Art Unit 3762