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 claims 1-4, 8-12, 14, and 16-23 in the reply filed on 12/16/2025 is acknowledged.
As a result of the addition of new claims 27-34 in the amendment filed 12/16/2025, this application contains claims directed to the following patentably distinct species:
Species A, claims 1-4,8-12,14,16-23 and 27-32, drawn to a method for producing a starch containing solid composition comprising kneading the composition at an average temperature of less than 100°C.
Species B, claims 33-34, drawn to a method for producing a starch containing solid composition comprising kneading the composition at a temperature of from 105°C to 300°C.
The species are independent or distinct because the temperature ranges for kneading the composition are exclusive. In addition, these species are not obvious variants of each other based on the current record.
Applicant is required under 35 U.S.C. 121 to elect a single disclosed species, or a single grouping of patentably indistinct species, for prosecution on the merits to which the claims shall be restricted if no generic claim is finally held to be allowable. Currently, neither Species A nor Species B is generic.
There is a serious search and/or examination burden for the patentably distinct species as set forth above because at least the following reason(s) apply:
The species or groupings of patentably indistinct species have acquired a separate status in the art due to their recognized divergent subject matter.
Applicant is advised that the reply to this requirement to be complete must include (i) an election of a species to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected species or grouping of patentably indistinct species, including any claims subsequently added. An argument that a claim is allowable or that all claims are generic is considered nonresponsive unless accompanied by an election.
The election may be made with or without traverse. To preserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the election of species requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable on the elected species or grouping of patentably indistinct species.
Should applicant traverse on the ground that the species, or groupings of patentably indistinct species from which election is required, are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing them to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the species unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other species.
Upon the allowance of a generic claim, applicant will be entitled to consideration of claims to additional species which depend from or otherwise require all the limitations of an allowable generic claim as provided by 37 CFR 1.141.
Due to the Applicant’s election of Group I, claims 1-4, 8-12, 14, and 16-23, in the reply filed on 12/16/2025, Group I is being examined on the merits in the action below. Claims 33-34 are withdrawn from consideration.
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 2, 4, and 22 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.
The term “near” in claim 2 is a relative term which renders the claim indefinite. The term “near” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Regarding claim 4, the meaning of “lowering the degree of gelatinization in the composition after the kneading at step (iii) by 6 mass % or more at the kneader section and beyond” is generally unclear. First, “the composition” includes components like fiber and moisture that do not gelatinize, so it is unclear if the mass % of gelatinization refers only to one or some of the components that gelatinize. Second, it is unclear what is meant by lowering the degree of gelatinization. Is this language indicating that the gelatinization is somehow undone? If so, it is unclear how this is possible since gelatinization is generally considered irreversible. Alternatively, is this indicating that a greater amount of the starch or another component is gelatinized prior to the kneading section than afterwards? In this case, is the mass % the mass % of the total amount of a component or the amount of the gelatinized component? Consequently, the claim language is unclear.
Regarding claim 22, the meaning of “non-swollen” is unclear. The claim provides no standard or measurement by which a food product may be identified as “non-swollen.”
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.
Claim(s) 1-2, 4, 8-12, 14, and 16-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 5989620 A) in view of Shao (CN 107494811 A), Wenger (US 20120052174 A1), Konuklar (US 20130115344 A1), Higuchi (US 20190373942 A1), Lechthaler (US 4544563 A), and Dupart (US 6355294 B1).
Regarding claim 1, Wang teaches (Col. 1, lines 9-10; Col. 4, lines 13-16; Fig. 1 #1, 4, 5, 6) a process for the production of legume pasta products (starch containing solid compositions), wherein the apparatus used to produce the products includes an extruder 1 having a barrel enclosing two continuous intermeshing co-rotating screws and an inlet 6 located below the dry ingredient feeders 4 and 5. Wang further teaches (Col. 4, lines 16-17; Fig. 1 #2) a die plate 2 is located at the end of the barrel. Also, Wang teaches (Col. 12, lines 14-16) monitoring motor torque during operation of the extruder, indicating that the screw is rotated by a motor. Additionally, as shown in Figure 2, the screw and barrel comprise a tip side and a base side, with the feed hopper attached to the base side and the die plate attached to the tip side. Furthermore, Wang teaches (Col. 2, lines 27-28) extruding the dough mixture through a die to form a legume pasta product (molding and discharging). In addition, Wang teaches (Col. 4, lines 56-67; Col. 5, lines 1-2; Fig. 3a-3c #302, 304, 306) the screws can be made up from a wide selection of different types of screw elements to perform different tasks, such as conveying, mixing, kneading and pressurization, wherein, in an embodiment, a screw configuration comprises crew segments 302 and 304 (flight section) comprise flighted elements for conveying and mixing functions and are followed by segment 306 (kneading section), comprising kneading disks which provide high shear and intensive mixing action to the dough. Additionally, Wang teaches (Col. 3, lines 11-13) legume flours used to prepare the food product may be from starchy legumes, wherein, in an exemplary embodiment, pea flour containing 11.9% moisture, 23.8% protein, 48.2% starch and 7.0% dietary fiber was fed to a co-rotating twin screw extruder and water was introduced into the extruder to the extent that the final dough mixture had a moisture content of 32% (which would adjust the amounts protein, starch, and dietary fiber to 18.4%, 37.2% and 5.4% respectively, placing the contents of dietary fiber, starch, protein, and moisture in the claimed ranges).
Wang does not directly state that the composition is kneaded in the kneading section at an average temperature of less than 100°C. However, Wang discloses (Col. 10, lines 12-28; Col. 11, lines 1-7) an exemplary embodiment with temperatures of the barrel set at 90°C for the second to eighth sections for a screw with the configuration of Figure 3b (which includes segment 306, the kneader section) and an exemplary embodiment with temperatures of the barrel were set at 90° C for the second and third sections, and 95 to 125°C in the fourth to sixth sections, and 85 to 90°C in the seventh and eight sections for a screw with the configuration of Figure 3c (which includes segment 306, the kneader section). These provided examples do not directly state the temperature in the first and second sections, nor do the examples indicate which sections include segment 306 (kneader section). However, the first through eighth sections refer to Figure 2 of Wang, which teaches (Col. 4, lines 24-41; Fig. 2 #11-18) the barrel comprises eight jacketed sections 11-18 which can be individually heated or cooled, wherein the first and second sections are a feeding/mixing zone and the temperature of the dough is rapidly elevated is sections 13-16, i.e. the third through sixth sections, which indicates that the temperature is lower in the first and second section than the third through sixth sections. Therefore, regardless of which section or sections the kneader section is located, the disclosed embodiments for the temperatures of the sections indicate that the entirety of the barrel, and, therefore, the kneader section, is within or overlaps with the claimed kneading temperature range of less than 100°C.
Wang is silent on, with respect to a total length of the screw, a ratio of a length of the flight section being 50% or more but less than 100%, and a ratio of a length of the kneader section being more than 0% but less than 50%. Wang is further silent on the composition having a degree of gelatinization of starch of 40 mass % or more. Also, Wang is silent on the composition having a specific surface area per unit volume after ultrasonication of 0.10m2/mL or more. Additionally, Wang is silent on the kneader section of the screw being at a pressurized condition of 1.0 MPa or more.
However, the claimed ratio of a length of the flight section being 50% or more but less than 100%, and a ratio of a length of the kneader section being more than 0% but less than 50%, with respect to a total length of the screw would have been used during the course of normal experimentation and optimization procedures in the method of Wang based upon factors such as the temperature of the flight section (where a longer flight section will be needed to heat the composition to the same extent at a lower temperature), the intended temperature of the composition after the flight section (where the composition will be heated to a higher temperature in a longer flight section due to the increase in time to pass through the flight section), the available space for the extrusion device, the flight depth and spacing, the intended texture and elasticity of the composition (where the length of the kneader section will affect the texture and elasticity of the composition due to the time required to traverse the kneader section), the temperature of the kneader section (where a longer kneader section will be needed to heat the composition to the same extent at a lower temperature), the intended temperature of the composition after the kneader section (where the composition will be heated to a higher temperature in a longer kneader section due to the increase in time to pass through the kneader section), the presence of other sections in the screw before, after, or in between the flight section and the kneader section, etc. Furthermore, the Applicant has neither demonstrated the criticality nor identified any unique or unexpected benefit of the claimed ratio of a length of the flight section being 50% or more but less than 100%, and a ratio of a length of the kneader section being more than 0% but less than 50%, with respect to a total length of the screw that would render it non-obvious.
Furthermore, since Wang is silent with regards to a ratio of a length of the flight section being 50% or more but less than 100%, and a ratio of a length of the kneader section being more than 0% but less than 50%, with respect to a total length of the screw, one of ordinary skill in the art would have been motivated to look to the art for suitable ratios.
Shao teaches (Paragraph 0026; Fig. 3 #5; Fig. 4 #0502, 0503) a tea leaf kneading and cutting machine with a kneading core 5 (screw) comprising an extrusion section 0502 (flight section), and a kneading section 0503 connected in sequence. As shown in Figure 4, a ratio of a length of the flight section 0502 is 50% or more but less than 100%, and a ratio of a length of the kneader section 0503 is more than 0% but less than 50% with respect to a total length of the screw.
Selection of a known device configuration (ratio of a length of the flight section and ratio of a length of the kneader section with respect to a total length of the screw) based on its suitability for its intended use (processing a food product) supports a prima facie obviousness determination (See MPEP 2144.07).
Additionally, the claimed composition with degree of gelatinization of starch of 40 mass % or more would have been used during the course of normal experimentation and optimization procedures in the method of Wang based upon factors such as the desired degree of gelatinization of starch after cooking with the extruder and the time and temperature of the extrusion process (where a shorter extrusion process or a lower temperature extrusion process will increase the starch gelatinization to a lesser degree), the desired texture and structural properties of the composition, etc. Furthermore, the Applicant has neither demonstrated the criticality nor identified any unique or unexpected benefit of the claimed composition with degree of gelatinization of starch of 40 mass % or more that would render it non-obvious.
Furthermore, since Wang is silent with regards to a composition with degree of gelatinization of starch of 40 mass % or more, one of ordinary skill in the art would have been motivated to look to the art for suitable composition parameters.
Wenger teaches (Paragraph 0030) food is delivered to an inlet of a preconditioner, passed through a chamber, and delivered from an outlet to moisturize and partially precook the ingredients to a cook value, as determined by the extent of gelatinization of starch in the ingredients, of from about 15-60% (which overlaps with the claimed range of degree of gelatinization of starch of 40 mass % or more). Wenger further teaches (Paragraph 0031) preconditioned ingredients are delivered to an extruder are subjected to increasing levels of temperature, pressure, and shear within a barrel, and are then extruded.
Selection of a known device composition (starch with a degree of gelatinization of starch of 40 mass % or more) based on its suitability for its intended use (cooking with an extruder) supports a prima facie obviousness determination (See MPEP 2144.07).
Konuklar teaches (Paragraph 0007, 0030, 0031) a process of manufacturing an ultrasonically-treated nutritional formulation comprising combining ingredients including a protein and a carbohydrate to form a slurry, subjecting the slurry to high power ultrasound, and extruding the slurry to produce the ultrasonically-treated nutritional composition, wherein suitable carbohydrates include hydrolyzed or modified starch and dietary fiber.
Higuchi teaches (Paragraph 0001, 0022) a composition containing fine food particulate complexes and a method for producing the same, wherein, after ultrasonication is carried out, a specific surface area per unit volume after the treatment is 0.10 m.sup.2/mL or more. Higuchi further teaches (Paragraph 0068) the raw material of fine food particles used in one or mere embodiments of the present invention, may be anything as long as it is a food suited for eating and drinking including grains, legumes, or their processed products.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Wang to prepare a composition with a specific surface area per unit volume after ultrasonication of 0.10m2/mL or more in view of Konuklar and Higuchi since both Wang and Konuklar are directed to methods of treating compositions comprising dietary fiber, starch, and protein in extruders, since both Wang and Higuchi are directed to methods of preparing food compositions that may include legume based ingredients, since preparing a composition to be extruded by subjecting the composition to ultrasonication is known in the art as shown by Konuklar, since preparing a composition with a specific surface area per unit volume after ultrasonication treatment of 0.10 m.sup.2/mL or more is known in the art as shown by Higuchi, since subjecting a nutritional slurry utilized to prepare the nutritional bar to high power ultrasound at the appropriate time during the manufacturing process, the resulting nutritional bar maintains a softer texture over an extended time and its shelf life is increased as the high power ultrasound appears to inhibit and/or delay water migration to the surface of the manufactured bar, thus increasing shelf life by maintaining softness (Konuklar, Paragraph 0009), since the ultrasonically-treated nutritional formulations and nutritional bars of the present disclosure also advantageously are prepared from slurries that are more visually pleasing; that is, the slurries that are subjected to the high power ultrasound process prior to being formed into a bar or similar product present a creamier, darker, more consistent and homogeneous look, which translates into a more desirable, commercially acceptable product (Konuklar, Paragraph 0009), and since, when the specific surface area per unit volume after the ultrasonication is less than 0.10 m.sup.2/mL, the re-aggregation strength of the complex is not sufficient, and therefore, it is preferably 0.10 m.sup.2/mL or more (Higuchi, Paragraph 0122).
Additionally, the claimed pressurized condition of 1.0 MPa or more in the kneader section would have been used during the course of normal experimentation and optimization procedures in the method of Wang based upon factors such as the temperature of the kneader section (where both temperature and pressure of kneading impact the resultant properties of the food composition), the intended texture and elasticity of the composition (where the kneading pressure will affect the textural properties and elasticity of the composition), the length of the kneader section, the pressure, temperature, and length of other sections in the screw before or after the kneader section (where some amount of kneading may occur in other sections before and after the kneader section), etc. Furthermore, the Applicant has neither demonstrated the criticality nor identified any unique or unexpected benefit of the claimed pressurized condition of 1.0 MPa or more in the kneader section that would render it non-obvious.
Furthermore, since Wang is silent with regards to a pressurized condition of 1.0 MPa or more in the kneader section, one of ordinary skill in the art would have been motivated to look to the art for suitable pressure values.
Lechthaler teaches (Col. 3, lines 17-32) a process for preparing a pasta product, wherein dough is heated and kneaded under pressure from 70 to 100 bars (7-10 MPa), and if the operation is carried out at a pressure below 70 bars the extruded dough is too soft and it disintegrates due to insufficient gelatinisation. Lechthaler further teaches (Col. 4, lines 27-31) the process may be carried out using a single or double-screw extruder.
Dupart teaches (Col. 1, lines 16-17; Col. 5, lines 9-16) a cooked, extruded, and expanded food product that is prepared by kneading with a screw under a pressure of 136 bar (13.6 Mpa).
Selection of a known processing parameter (kneading pressure) based on its suitability for its intended use (processing a food product in a screw extruder) supports a prima facie obviousness determination (See MPEP 2144.07).
Regarding claim 2, Wang teaches (Col. 4, lines 56-67; Col. 5, lines 1-2; Fig. 3a-3c #302, 304, 306) the screws can be made up from a wide selection of different types of screw elements to perform different tasks, such as conveying, mixing, kneading and pressurization, wherein, in an embodiment, a screw configuration comprises crew segments 302 and 304 (flight section) comprise flighted elements for conveying and mixing functions and are followed by segment 306 (kneading section), comprising kneading disks which provide high shear and intensive mixing action to the dough. As shown in Figures 3a-3c, the kneader section 306 is located at a position near a tip side end point of the screw, i.e. closer to the tip side end point of the screw than the opposite end of the screw.
Regarding claim 4, Wang does not explicitly state that the degree of gelatinization in the composition is lowered after the kneading at step (iii) by 6 mass % or more at the kneader section and beyond. However, Wang does teach (Col. 3, lines 1-3) the combined effects of mixing, mechanical shear and cooking within the extruder provide a gelatinized pasta dough.
Furthermore, the claimed degree of gelatinization being lowered by 6 mass % or more after the kneading at step (iii) at the kneader section and beyond, would have been used during the course of normal experimentation and optimization procedures in the method of Wang, as modified above, based upon factors such as the length and temperature of each section of the screw (where a longer screw section at a higher temperature will lead to greater gelatinization), the rotation speed of the screw, the type and amount of ingredients, the kneading time, the initial degree of gelatinization, etc. Furthermore, the Applicant has neither demonstrated the criticality nor identified any unique or unexpected benefit of the claimed degree of gelatinization being lowered by 6 mass % or more after the kneading at step (iii) at the kneader section and beyond, that would render it non-obvious.
Regarding claims 8-12 and 14, the examiner notes that Procedure A, Treatment A and Condition A are steps in a process for measuring a particle diameter distribution and a molecular weight distribution of the product produced in step (i) for sampling, not actual steps in the method of step (i), and are treated as such.
Regarding claim 8, as modified Wang teaches the process as claimed, then the particle diameter distribution must necessarily be the same, specifically d90 is 450 um or less when the composition from step (i) is submitted to Treatment A followed by ultrasonication.
Regarding claim 9, as modified Wang teaches the process as claimed, then the molecular weight distribution curve in an interval with molecular weight logarithms of 5.0 or more but less than 8.0 MWDC5.0-8.0, with a ratio of an area under a curve in an interval with molecular weight logarithms of 5.0 or more but less than 6.5 to an area under an entire curve AUC1 being 70% or less must necessarily be the same when the composition from step (i) is subjected to isothermal treatment at 90°C for 15 minutes in 40-fold mass of water and then to Procedure A and measurement under Condition A.
Regarding claim 10, as modified Wang teaches the process as claimed, then the molecular weight distribution curve MWDC5.0-8.0, with a ratio of an area under a curve in an interval with molecular weight logarithms of 6.5 or more but less than 8.0 to an area under an entire curve AUC2 being 30% or more must necessarily be the same when the composition from step (i) is subjected to isothermal treatment at 90°C for 15 minutes in 40-fold mass of water and then to Procedure A and measurement under Condition A.
Regarding claim 11, as modified Wang teaches the process as claimed, then the molecular weight distribution curve in an interval with molecular weight logarithms of 6.5 or more but less than 9.5 MWDC6.5-9.5, with a ratio of an area under a curve in an interval with molecular weight logarithms of 6.5 or more but less than 8.0 to an area under an entire curve AUC3 being 30% or more must necessarily be the same when the composition from step (i) is subjected to Procedure A and measurement under Condition A.
Regarding claim 12, as modified Wang teaches the process as claimed, then the molecular weight distribution curve in an interval with molecular weight logarithms of 3.5 or more but less than 6.5 MWDC3.5-6.5, with a ratio of an area under a curve in an interval with molecular weight logarithms of 3.5 or more but less than 5.0 to an area under an entire curve AUC4 being 10% or more must necessarily be the same when the composition from step (i) is subjected to Procedure A and measurement under Condition A.
Regarding claim 14, as modified Wang teaches the process as claimed, then a number of starch grain structures observed being 300/mm2 or less must necessarily be the same when 6 mass % suspension of a crushed product of the composition is observed and a peak temperature of gelatinization obtained being less than 120°C must necessarily be the same when 14 mass % of composition crushed product water slurry is subjected to measurement with a rapid visco-analyzer with elevating a temperature from 50°C to 140°C at a rate of 12.5°C/min.
Regarding claim 16, Wang teaches (Col. 2, lines 18-19) the material fed into the extruder comprises legume flour (edible plant).
Regarding claim 17, Wang teaches (claim 1) preparing a legume pasta product comprising legume flour (edible plant) and water. As no other ingredients are described, the starch content of the product would essentially be entirely from the legume flour, and, therefore, greater than 30 mass%. This is further demonstrated by Wang (Col. 5, lines 44-54) where, in an exemplary embodiment, a product is prepared entirely from pea flour (which contains starch) and water.
Regarding claim 18, Wang teaches (Col. 2, lines 18-19; Col. 3, lines 11-14) the material fed into the extruder comprises legume flour, wherein the legume flours may be whole pea flour, dehulled pea flour, air-classified pea flour fractions and pretreated pea flours, or may be similar flours from other starchy legumes, such as navy bean, chickpea, pinto bean, lentil, etc. (pulse).
Regarding claim 19, Wang teaches (Col. 3, lines 11-14) the legume flours may be whole pea flour (Pisum), dehulled pea flour, air-classified pea flour fractions and pretreated pea flours, or may be similar flours from other starchy legumes, such as navy bean (Phaseolus), chickpea (Cicer), pinto bean (Phaseolus), lentil (Lens), etc.
Regarding claim 20, Wang is silent on the cereal being one or more species of the cereal selected from awa, hie, kibi, sorghum, rye, oat, hatomugi, corn, buckwheat, amaranthus,and quinoa. However, the Examiner notes that claim 20 does not actively require that edible plant is a cereal, and that claim 18, from which claim 20 depends limits the edible plant to a pulse and/or cereal, where Wang already discloses the inclusion of a pulse in the composition as shown above. Therefore, claim 20 is understood to simply further elaborate on an optional embodiment.
Regardless, Lechthaler teaches (Col. 4, lines 27-31; Col. 6, lines 62-67; Col. 7, lines 1-9) a process for preparing a pasta product, carried out using a single or double-screw extruder, wherein, in some embodiments the composition may comprise cornflour or cornstarch (cereal).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Wang to include a cereal in the composition (e.g., a substitute or in addition to the legume) as taught by Lechthaler since both are directed to methods of preparing pasta products comprising an edible plant using a screw extruder, since preparing a pasta product comprising a corn, a cereal, using a screw extruder is known in the art as shown by Lechthaler, since corn flour and corn starch can provide nutritional components not present in the other ingredients of the composition, since many consumers prefer the taste or appearance of cereal/corn-based products, and since cornstarch has a high amylose content that may compensate for the high protein content of soya and of lentils and the high amylopectin content of potato (Lechthaler, Col. 7, lines 27-32).
Regarding claim 21, as shown above, Wang teaches (claim 1) preparing a legume pasta product comprising legume flour (edible plant) and water. As no other ingredients are described, the dry mass of the product would essentially be entirely from the legume flour, and, therefore, greater than 10 mass%. This is further demonstrated by Wang (Col. 5, lines 44-54) where, in an exemplary embodiment, a product is prepared entirely from pea flour and water.
Regarding claim 22, Wang teaches (Col. 3, lines 47-52) the last section of the barrel may be cooled with tap water passing through the external jacket of the barrel, wherein the purpose of cooling the dough in the last section of the barrel is to prevent expansion of the extruded pasta product as it exits the die due to evaporation of the water in the dough (i.e. the composition is a non-swollen product).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 5989620 A) in view of Shao (CN 107494811 A), Wenger (US 20120052174 A1), Konuklar (US 20130115344 A1), Higuchi (US 20190373942 A1), Lechthaler (US 4544563 A), and Dupart (US 6355294 B1), and further in view of Khan (US 20130022732 A1).
Regarding claim 3, Wang, as modified above, is silent on the kneading at the step (iii) being carried out under a condition with a specific mechanical energy SME value of 300kJ/kg or more.
Khan teaches (Paragraph 0001, 0018) a method of preparing highly dense extruded legume micro pellets, wherein a hydrated legume mixture is subjected to extruding in a screw extruder to deliver a specific mechanical energy of 80 to 140 w-h/kg (288-504 kJ/kg).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Wang, as modified above, to knead the composition with an SME value of 300 kJ/kg or more in view of Khan since both are directed to methods passing legume based compositions through screw extruders, since subjecting a legume based composition to an SME value of 350 kJ/kg or more in a screw extruder is known in the art as shown by Khan, since insufficient specific mechanical energy applied during kneading can result in a food product with an inadequate structure, texture, elasticity, etc., since specific mechanical energy is integral to creating a legume food product and is independent of throughput (Khan, Paragraph 0030), and since applying insufficient mechanical energy during kneading can result in an under-kneaded, dense product.
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 5989620 A) in view of Shao (CN 107494811 A), Wenger (US 20120052174 A1), Konuklar (US 20130115344 A1), Higuchi (US 20190373942 A1), Lechthaler (US 4544563 A), and Dupart (US 6355294 B1), and further in view of Ouriev (US 20100003360 A1).
Regarding claim 23, Wang, as modified above, is silent on a degree of unevenness of a flow channel cross-section in the die section being 0.1 or more.
Ouriev teaches (Paragraph 0003, 0050, 0066; Fig. 1 #21, 22, 30, 31; Fig. 5 #11) a method of operating a device for the extrusion of viscoelastic matter, in particular for the extrusion of dough, wherein a device comprising an extruder screw 11 and a die area 30 has two dies 31 connected to one of the curved channels 21, 22 (flow channels with uneven cross-sections).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Wang, as modified above, to provide an uneven flow channel cross-section in the die section as taught by Ouriev since both are directed to methods of operating devices comprising screws for extruding food products, since an uneven flow channel cross-section in the die section is known in the art as shown by Ouriev, since the distributor area with curved channels in which an intensive deformation (sheet extrusion) and also, as the case may be, a splitting (strand extrusion) of the viscoelastic matter to be processed takes place, the inventive flexibility and elastic deformability of the inner walls at least in some portions of this distributor area results in an improved reduction at least of the asymmetrical mechanical tensions in the deforming viscoelastic matter and a sharp suppression of the tendency to develop such tensions (Ouriev, Paragraph 0016), since the invention of Ouriev comprising the flow channels with uneven cross-sections ensures that there are substantially symmetrical and flat velocity profiles following the distributor area at the entrance into the die(s) and preferably also after the passage of the matter through the die(s) (Ouriev, Paragraph 0018).
Additionally, the claimed degree of unevenness of a flow channel cross-section in the die section being 0.1 or more would have been used during the course of normal experimentation and optimization procedures in the method of Wang, as modified above, based upon factors such as the intended shape of the extruded product, the desired texture and appearance of the extruded product, the structural properties of the extruded product (where the flow channel cross-section in the die section affects the mechanical tensions on the material passed through the extruder), etc. Furthermore, the Applicant has neither demonstrated the criticality nor identified any unique or unexpected benefit of the claimed degree of unevenness of a flow channel cross-section in the die section being 0.1 or more that would render it non-obvious.
Claim(s) 1, 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Myer (US 4540592 A) in view of Shao (CN 107494811 A), Wang (US 5989620 A), Wenger (US 20120052174 A1), Konuklar (US 20130115344 A1), Higuchi (US 20190373942 A1), Lechthaler (US 4544563 A), and Dupart (US 6355294 B1), as evidenced by Vegan Peace (Flours).
Regarding claim 1, Myer teaches (Col. 1, lines 5-6; Col. 6, lines 3-8; Fig. 1 #102, 108, 110) methods for manufacturing alimentary paste type products, wherein a cereal composition (starch-containing solid composition) is placed in a feed hopper 108 (feeder, positioned at a base side of the barrel as shown in Figure 1) from which it is transported into a barrel 102 along with hot water (moisture), metered into the barrel 102 via inlet 110, to provide the desired pasta composition with the desired moisture content. Myer further teaches (Col. 5, lines 40-45; Fig. 1 #100, 104, 198, 200) cooking extruder 100 is comprised of a plurality of barrel sections which together form a barrel 102 enclosing two continuous, intermeshing screw flights 198, 200 (screws) which terminate at a pasta die extrusion face 104 (a die section attached to a tip side of the barrel), wherein, upon extrusion, the cooked and cooled extrudate discharging through the pasta extrusion die face 104 is compressed and formed into the desired shapes (molding and discharging). Furthermore, Myer teaches (Col. 6, lines 60-68; Col. 7, lines 1-22; Fig. 2 #212, 214, 218) the screw comprises an initial conveying segment 212 (flight section) at the base side of the screw with a two flighted profile with deep screw flights followed by a zone of mixing block segments 214 (kneader section) designed to provide high shear intensive mixing action to mix the ingredients with water to form a dough. Furthermore, Myer teaches (Col. 3, lines 47-48), the composition may comprise starch, and ingredients including wheat flour, durum, farina, semolina, corn flour, tapioca flour, or potato flour, or mixtures thereof, where flour such as wheat flour is known to contain starch, protein, and dietary fiber (Vegan Peace). Also, Myer teaches (Col. 2, lines 60-64) the pasta dough mixture in the extruder has a water content in the range of from about 25 to about 50 percent by weight of the total mixture
Myer is silent on, with respect to a total length of the screw, a ratio of a length of the flight section being 50% or more but less than 100%, and a ratio of a length of the kneader section being more than 0% but less than 50%. Myer is further silent on the method comprising the steps of: (i) preparing a composition comprising the starch-containing crushed material, the composition having: (1) a dietary fiber content of in terms of wet mass basis 3.0 mass % or more, (2) a starch content of in terms of wet mass basis 10.0 mass % or more, (3) a protein content of in terms of wet mass basis 3.0 mass % or more, (5) a degree of gelatinization of starch of 40 mass % or more, and (6) a specific surface area per unit volume after ultrasonication of 0.10m2/mL or more. Additionally, Myer is silent on an average temperature of less than 100°C and a pressurized condition of 1.0 MPa or more to form a resulting composition during kneading.
However, the claimed ratio of a length of the flight section being 50% or more but less than 100%, and a ratio of a length of the kneader section being more than 0% but less than 50%, with respect to a total length of the screw would have been used during the course of normal experimentation and optimization procedures in the method of Myer based upon factors such as the temperature of the flight section (where a longer flight section will be needed to heat the composition to the same extent at a lower temperature), the intended temperature of the composition after the flight section (where the composition will be heated to a higher temperature in a longer flight section due to the increase in time to pass through the flight section), the available space for the extrusion device, the flight depth and spacing, the intended texture and elasticity of the composition (where the length of the kneader section will affect the texture and elasticity of the composition due to the time required to traverse the kneader section), the temperature of the kneader section (where a longer kneader section will be needed to heat the composition to the same extent at a lower temperature), the intended temperature of the composition after the kneader section (where the composition will be heated to a higher temperature in a longer kneader section due to the increase in time to pass through the kneader section), the presence of other sections in the screw before, after, or in between the flight section and the kneader section, etc. Furthermore, the Applicant has neither demonstrated the criticality nor identified any unique or unexpected benefit of the claimed ratio of a length of the flight section being 50% or more but less than 100%, and a ratio of a length of the kneader section being more than 0% but less than 50%, with respect to a total length of the screw that would render it non-obvious.
Furthermore, since Myer is silent with regards to a ratio of a length of the flight section being 50% or more but less than 100%, and a ratio of a length of the kneader section being more than 0% but less than 50%, with respect to a total length of the screw, one of ordinary skill in the art would have been motivated to look to the art for suitable ratios.
Shao teaches (Paragraph 0026; Fig. 3 #5; Fig. 4 #0502, 0503) a tea leaf kneading and cutting machine with a kneading core 5 (screw) comprising an extrusion section 0502 (flight section), and a kneading section 0503 connected in sequence. As shown in Figure 4, a ratio of a length of the flight section 0502 is 50% or more but less than 100%, and a ratio of a length of the kneader section 0503 is more than 0% but less than 50% with respect to a total length of the screw.
Selection of a known device configuration (ratio of a length of the flight section and ratio of a length of the kneader section with respect to a total length of the screw) based on its suitability for its intended use (processing a food product) supports a prima facie obviousness determination (See MPEP 2144.07).
Additionally, the claimed dietary fiber content of in terms of wet mass basis 3.0 mass % or more, starch content of in terms of wet mass basis 10.0 mass % or more, and protein content of in terms of wet mass basis 3.0 mass % or more, would have been used during the course of normal experimentation and optimization procedures in the method of Myer based upon factors such as the desired nutritional content of the extruded product, the type or types of flour used (where different types of flour have different starch, protein, and dietary fiber contents), the amount of water used, the intended taste, texture, and structural properties of the extruded product, consumer nutritional requirements or preferences, etc. Furthermore, the Applicant has neither demonstrated the criticality nor identified any unique or unexpected benefit of the claimed dietary fiber content of in terms of wet mass basis 3.0 mass % or more, starch content of in terms of wet mass basis 10.0 mass % or more, and protein content of in terms of wet mass basis 3.0 mass % or more, that would render it non-obvious.
Furthermore, since Myer is silent with regards to a dietary fiber content of in terms of wet mass basis 3.0 mass % or more, starch content of in terms of wet mass basis 10.0 mass % or more, and protein content of in terms of wet mass basis 3.0 mass % or more, one of ordinary skill in the art would have been motivated to look to the art for suitable temperature and pressure values.
Wang teaches (Col. 1, lines 9-10; Col. 4, lines 13-16; Fig. 1 #1, 4, 5, 6) a process for the production of legume pasta products (starch containing solid compositions), wherein the apparatus used to produce the products includes an extruder 1 having a barrel enclosing two continuous intermeshing co-rotating screws and an inlet 6 located below the dry ingredient feeders 4 and 5. Additionally, Wang teaches (Col. 3, lines 11-13) legume flours used to prepare the food product may be from starchy legumes, wherein, in an exemplary embodiment, pea flour containing 11.9% moisture, 23.8% protein, 48.2% starch and 7.0% dietary fiber was fed to a co-rotating twin screw extruder and water was introduced into the extruder to the extent that the final dough mixture had a moisture content of 32% (which would adjust the amounts protein, starch, and dietary fiber to 18.4%, 37.2% and 5.4% respectively, placing the contents of dietary fiber, starch, protein, and moisture in the claimed ranges).
Selection of known ingredient amounts (dietary fiber, starch, and protein) based on their suitability for their intended use (producing a pasta product in an extruder) supports a prima facie obviousness determination (See MPEP 2144.07).
Additionally, the claimed composition with degree of gelatinization of starch of 40 mass % or more would have been used during the course of normal experimentation and optimization procedures in the method of Myer based upon factors such as the desired degree of gelatinization of starch after cooking with the extruder and the time and temperature of the extrusion process (where a shorter extrusion process or a lower temperature extrusion process will increase the starch gelatinization to a lesser degree), the desired texture and structural properties of the composition, etc. Furthermore, the Applicant has neither demonstrated the criticality nor identified any unique or unexpected benefit of the claimed composition with degree of gelatinization of starch of 40 mass % or more that would render it non-obvious.
Furthermore, since Myer is silent with regards to a composition with degree of gelatinization of starch of 40 mass % or more, one of ordinary skill in the art would have been motivated to look to the art for suitable composition parameters.
Wenger teaches (Paragraph 0030) food is delivered to an inlet of a preconditioner, passed through a chamber, and delivered from an outlet to moisturize and partially precook the ingredients to a cook value, as determined by the extent of gelatinization of starch in the ingredients, of from about 15-60% (which overlaps with the claimed range of degree of gelatinization of starch of 40 mass % or more). Wenger further teaches (Paragraph 0031) preconditioned ingredients are delivered to an extruder are subjected to increasing levels of temperature, pressure, and shear within a barrel, and are then extruded.
Selection of a known device composition (starch with a degree of gelatinization of starch of 40 mass % or more) based on its suitability for its intended use (cooking with an extruder) supports a prima facie obviousness determination (See MPEP 2144.07).
Konuklar teaches (Paragraph 0007, 0030, 0031) a process of manufacturing an ultrasonically-treated nutritional formulation comprising combining ingredients including a protein and a carbohydrate to form a slurry, subjecting the slurry to high power ultrasound, and extruding the slurry to produce the ultrasonically-treated nutritional composition, wherein suitable carbohydrates include hydrolyzed or modified starch and dietary fiber.
Higuchi teaches (Paragraph 0001, 0022) a composition containing fine food particulate complexes and a method for producing the same, wherein, after ultrasonication is carried out, a specific surface area per unit volume after the treatment is 0.10 m.sup.2/mL or more. Higuchi further teaches (Paragraph 0068) the raw material of fine food particles used in one or mere embodiments of the present invention, may be anything as long as it is a food suited for eating and drinking including grains, legumes, or their processed products.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Myer to prepare a composition with a specific surface area per unit volume after ultrasonication of 0.10m2/mL or more in view of Konuklar and Higuchi since both Myer and Konuklar are directed to methods of treating compositions comprising dietary fiber, starch, and protein in extruders, since both Myer and Higuchi are directed to methods of preparing food compositions that may include grain based ingredients, since preparing a composition to be extruded by subjecting the composition to ultrasonication is known in the art as shown by Konuklar, since preparing a composition with a specific surface area per unit volume after ultrasonication treatment of 0.10 m.sup.2/mL or more is known in the art as shown by Higuchi, since subjecting a nutritional slurry utilized to prepare the nutritional bar to high power ultrasound at the appropriate time during the manufacturing process, the resulting nutritional bar maintains a softer texture over an extended time and its shelf life is increased as the high power ultrasound appears to inhibit and/or delay water migration to the surface of the manufactured bar, thus increasing shelf life by maintaining softness (Konuklar, Paragraph 0009), since the ultrasonically-treated nutritional formulations and nutritional bars of the present disclosure also advantageously are prepared from slurries that are more visually pleasing; that is, the slurries that are subjected to the high power ultrasound process prior to being formed into a bar or similar product present a creamier, darker, more consistent and homogeneous look, which translates into a more desirable, commercially acceptable product (Konuklar, Paragraph 0009), and since, when the specific surface area per unit volume after the ultrasonication is less than 0.10 m.sup.2/mL, the re-aggregation strength of the complex is not sufficient, and therefore, it is preferably 0.10 m.sup.2/mL or more (Higuchi, Paragraph 0122).
Additionally, the claimed average temperature of less than 100°C and pressurized condition of 1.0 MPa or more in the kneader section would have been used during the course of normal experimentation and optimization procedures in the method of Myer based upon factors such as the intended texture and elasticity of the composition (where the kneading temperature and pressure will affect the textural properties and elasticity of the composition), the length of the kneader section, the pressure, temperature, and length of other sections in the screw before or after the kneader section (where some amount of kneading may occur in other sections before and after the kneader section), the intended degree of gelatinization, the types and extent of subsequent processing after extrusion, etc. Furthermore, the Applicant has neither demonstrated the criticality nor identified any unique or unexpected benefit of the claimed average temperature of less than 100°C and pressurized condition of 1.0 MPa or more in the kneader section that would render it non-obvious.
Furthermore, since Myer is silent with regards to an average temperature of less than 100°C and a pressurized condition of 1.0 MPa or more in the kneader section, one of ordinary skill in the art would have been motivated to look to the art for suitable temperature and pressure values.
Lechthaler teaches (Col. 3, lines 17-32) a process for preparing a pasta product, wherein dough is heated and kneaded under pressure from 70 to 100 bars (7-10 MPa) at a temperature from 60 to 100°C, and if this operation is carried out at a higher pressure or at a higher temperature, it is difficult to avoid an expansion of the dough at the outlet of the extrude, while, if the operation is carried out at a pressure below 70 bars and at a temperature lower than 60° C, the extruded dough is too soft and it disintegrates due to insufficient gelatinisation. Lechthaler further teaches (Col. 4, lines 27-31) the process may be carried out using a single or double-screw extruder.
Dupart teaches (Col. 1, lines 16-17; Col. 5, lines 9-17) a cooked, extruded, and expanded food product that is prepared by kneading with a screw under a pressure of 136 bar (13.6 Mpa) and a temperature of 75°C.
Selection of known processing parameters (kneading pressure and temperature) based on their suitability for their intended use (processing a food product in a screw extruder) supports a prima facie obviousness determination (See MPEP 2144.07).
Regarding claim 27, Myer does not state that vent section is present, nor is one depicted. Additionally, no mention is made of degassing or pressure reduction in the barrel. Therefore, the barrel is understood to be free of a vent section.
Regarding claim 28, Myer teaches pasta dough is subsequently conveyed from backmixing zone(s) into a cooling-forming extrusion zone of progressively increasing pressure and is progressively cooled to a temperature in the range of from about 130°F (54.4 °C) to below the boiling temperature of water (100 °C) and is extruded at a temperature in the range of from about 120°F (48.9°C) to about 200°F (93.3°C). It is also noted that Myer teaches (Col. 3, lines 57-68) that the backmixing zone from which the pasta dough blend is transported to the cooling extrusion and compression zone where pressure is increased, is at a pressure of 5 to about 150 pounds per square inch gauge (19.7 psi to 164.7 psi or 0.136 MPa to 1.136 MPa, which overlaps with the claimed range of at least 1 MPa). Since the pressure is increased in the cooling zone, the pressure range would either overlap with or fall within the claimed range of at least 1.0 MPa in the cooling zone, and therefore, Myer is understood to disclose maintaining the pressurized condition while cooling the kneaded composition.
Regarding claim 29, Myer teaches pasta dough is subsequently conveyed from backmixing zone(s) into a cooling-forming extrusion zone (die section comprising a cooler) of progressively increasing pressure and is progressively cooled to a temperature in the range of from about 130°F (54.4 °C) to below the boiling temperature of water (100 °C) and is extruded at a temperature in the range of from about 120°F (48.9°C) to about 200°F (93.3°C).
Claim(s) 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Myer (US 4540592 A) in view of Shao (CN 107494811 A), Wang (US 5989620 A), Wenger (US 20120052174 A1), Konuklar (US 20130115344 A1), Higuchi (US 20190373942 A1), Lechthaler (US 4544563 A), and Dupart (US 6355294 B1), and further in view of Sada (JP S6361001 A), Al-Katib (US 20180360079 A1), Khan (US 20130022732 A1), as evidenced by Vegan Peace (Flours).
Regarding claim 30, Myer, as modified above, is silent on the composition prepared in step (i) comprising a starch-containing crushed material, the starch-containing crushed material being obtained by kneading a raw material containing starch at a temperature of from 100 °C to 300 °C under a condition with a specific mechanical energy (SME) value of 300 kJ/kg or more, thereby adjusting a protein dispersibility index (PDI) value of the raw material to from 0 mass% to 55 mass%, drying the kneaded material, and crushing the dried material.
Sada teaches (Pages 2-4) a method for efficiently producing modified starch with superior performance, wherein starches such as potato, sweet potato, tapioca, wheat, corn, and rice are added and mixed (kneaded) in a twin-screw extruder and heated at a temperature between 70°C and 150°C, preferably between 80°C and 120°C (which overlaps with the claimed range of 100 to 300 °C). Also, Sada teaches (Page 4, 5) the extruded gelatinized starch is dried and ground (crushed) to a powder which can be used as an ingredient in various processed foods.
Al-Katib teaches (Paragraph 0002, 0007, 0030, 0032) pulse based-pasta production by using processed pulse flours, wherein a limited protein pulse fraction comprising a medium-protein pulse fraction and a starch is subjected to heat and moisture treatment in a pasta press mixer kneader followed by drying and milling (crushing). Al-Katib further teaches (Paragraph 0033) once milled, the agglomerated flour may be mixed within a twin screw extruder with or without steam water to produce pulse dough.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Myer to knead a raw material containing starch at a temperature of from 100°C to 300°C, dry the kneaded material, and crush the dried material, thereby obtaining a starch-containing crushed material in view of Sada and Al-Katib, since each of Myer, Sada, and Al-Katib is directed to a method of producing a starch based food product, since kneading a raw material containing starch at a temperature of from 100°C to 300°C, drying the kneaded material, and crushing the dried material, thereby obtaining a starch-containing crushed material to be used in subsequent processing is known in the art as shown by Sada, since kneading a raw material containing starch, drying the kneaded material, and crushing the dried material, thereby obtaining a starch-containing crushed material that is subsequently treated in an extruder is known in the art as shown by Al-Katib, since the modified starch produced by the process of Sada has the a lower gelatinization onset temperature and lower viscosity even after gelatinization, compared to starch produced by conventional methods (Sada, Page 5), since the modified starch produced by the process of Sada has the advantage of maintaining a low gelatinization viscosity over a wide temperature range compared to conventional processed starches (Sada, Page 5), and since hydration, heat, moisture treatment, and drying of the limited protein pulse flour fraction reduces levels of volatiles (e.g. hydrocarbons, alcohols, ketones, and/or aldehydes) as well as inactivates bitterness compounds (e.g. saponins, lectins and phenolics) improving the taste, flavour, and/or aroma (Al-Katib, Paragraph 0031).
Khan teaches (Paragraph 0001, 0018, 0023) a method of preparing highly dense extruded legume micro pellets, wherein a hydrated legume mixture is subjected to extruding in a screw extruder to deliver a specific mechanical energy of 80 to 140 w-h/kg (288-504 kJ/kg), and wherein at least one grain flour may also be added to the mixture along with the legume flour.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Myer, as modified above, to knead a raw material containing starch with an SME value of 300 kJ/kg or more in view of Khan since both are directed to methods of preparing starch containing food productions, since subjecting a raw material containing starch to an SME value of 350 kJ/kg or more i is known in the art as shown by Khan, since insufficient specific mechanical energy applied during kneading can result in a food product with an inadequate structure, texture, elasticity, etc., since specific mechanical energy is integral to creating a legume food product and is independent of throughput (Khan, Paragraph 0030), and since applying insufficient mechanical energy during kneading can result in an under-kneaded, dense product.
Furthermore, the claimed protein dispersibility index (PDI) value of the raw material to from 0 mass% to 55 mass%, would likely if not necessarily occur as a result of the claimed process being obvious in view of the prior art. A claimed property of a product resulting from a known process would be understood to be present as a result of the process being known.
Additionally, the claimed protein dispersibility index (PDI) value of the raw material to from 0 mass% to 55 mass%, would have been used during the course of normal experimentation and optimization procedures in the method of Myer based upon factors such as the treatment time, the type of starch, the presence of other components in the raw material containing starch, etc. Furthermore, the Applicant has neither demonstrated the criticality nor identified any unique or unexpected benefit of the claimed protein dispersibility index (PDI) value of the raw material to from 0 mass% to 55 mass% that would render it non-obvious.
Claim(s) 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Myer (US 4540592 A) in view of Shao (CN 107494811 A), Sada (JP S6361001 A), Al-Katib (US 20180360079 A1), Khan (US 20130022732 A1), Wang (US 5989620 A), Wenger (US 20120052174 A1), Konuklar (US 20130115344 A1), Higuchi (US 20190373942 A1), Lechthaler (US 4544563 A), and Dupart (US 6355294 B1), as evidenced by Vegan Peace (Flours).
Regarding claim 31, Myer teaches (Col. 1, lines 5-6; Col. 6, lines 3-8; Fig. 1 #102, 108, 110) methods for manufacturing alimentary paste type products, wherein a cereal composition (starch-containing solid composition) is placed in a feed hopper 108 (feeder, positioned at a base side of the barrel as shown in Figure 1) from which it is transported into a barrel 102 along with hot water (moisture), metered into the barrel 102 via inlet 110, to provide the desired pasta composition with the desired moisture content. Myer further teaches (Col. 5, lines 40-45; Fig. 1 #100, 104, 198, 200) cooking extruder 100 is comprised of a plurality of barrel sections which together form a barrel 102 enclosing two continuous, intermeshing screw flights 198, 200 (screws) which terminate at a pasta die extrusion face 104 (a die section attached to a tip side of the barrel), wherein, upon extrusion, the cooked and cooled extrudate discharging through the pasta extrusion die face 104 is compressed and formed into the desired shapes (molding and discharging). Additionally, Myer does not state that vent section is present, nor is one depicted. Additionally, no mention is made of degassing or pressure reduction in the barrel. Therefore, the barrel is understood to be free of a vent section. Furthermore, Myer teaches (Col. 6, lines 60-68; Col. 7, lines 1-22, 34-35; Fig. 2 #212, 214, 218) the screw comprises an initial conveying segment 212 (flight section) at the base side of the screw with a two flighted profile with deep screw flights followed by a zone of mixing block segments 214 (kneader section) designed to provide high shear intensive mixing action to mix the ingredients with water to form a dough, followed by a backmixing segment 216. In addition, Myer teaches pasta dough is subsequently conveyed from backmixing zone(s) into a cooling-forming extrusion zone (die section comprising a cooler) of progressively increasing pressure and is progressively cooled to a temperature in the range of from about 130°F (54.4 °C) to below the boiling temperature of water (100 °C) and is extruded at a temperature in the range of from about 120°F (48.9°C) to about 200°F (93.3°C). It is also noted that Myer teaches (Col. 3, lines 57-68) that the backmixing zone from which the pasta dough blend is transported to the cooling extrusion and compression zone where pressure is increased, is at a pressure of 5 to about 150 pounds per square inch gauge (19.7 psi to 164.7 psi or 0.136 MPa to 1.136 MPa, which overlaps with the claimed range of at least 1 MPa). Since the pressure is increased in the cooling zone, the pressure range would either overlap with or fall within the claimed range of at least 1.0 MPa in the cooling zone, and therefore, Myer is understood to disclose maintaining the pressurized condition while cooling the kneaded composition. Furthermore, Myer teaches (Col. 3, lines 47-48), the composition may comprise starch, and ingredients including wheat flour, durum, farina, semolina, corn flour, tapioca flour, or potato flour, or mixtures thereof, where flour such as wheat flour is known to contain starch, protein, and dietary fiber (Vegan Peace). Also, Myer teaches (Col. 2, lines 60-64) the pasta dough mixture in the extruder has a water content in the range of from about 25 to about 50 percent by weight of the total mixture
Myer is silent on, with respect to a total length of the screw, a ratio of a length of the flight section being 50% or more but less than 100%, and a ratio of a length of the kneader section being more than 0% but less than 50%. Myer is further silent on the method comprising: (i) kneading a raw material containing starch at a temperature of from 100°C to 300°C under a condition with a specific mechanical energy SME value of 300kJ/kg or more, thereby adjusting a protein dispersibility index (PDI) value of the raw material to from 0 mass% to 55 mass%, drying the kneaded material, and crushing the dried material, thereby obtaining a starch-containing crushed material and (ii) preparing a composition comprising the starch-containing crushed material, the composition having: (1) a dietary fiber content of in terms of wet mass basis 3.0 mass % or more, (2) a starch content of in terms of wet mass basis 10.0 mass % or more, (3) a protein content of in terms of wet mass basis 3.0 mass % or more, (5) a degree of gelatinization of starch of 40 mass % or more, and (6) a specific surface area per unit volume after ultrasonication of 0.10m2/mL or more. Additionally, Myer is silent on an average temperature of less than 100°C and a pressurized condition of 1.0 MPa or more to form a kneaded composition.
However, the claimed ratio of a length of the flight section being 50% or more but less than 100%, and a ratio of a length of the kneader section being more than 0% but less than 50%, with respect to a total length of the screw would have been used during the course of normal experimentation and optimization procedures in the method of Myer based upon factors such as the temperature of the flight section (where a longer flight section will be needed to heat the composition to the same extent at a lower temperature), the intended temperature of the composition after the flight section (where the composition will be heated to a higher temperature in a longer flight section due to the increase in time to pass through the flight section), the available space for the extrusion device, the flight depth and spacing, the intended texture and elasticity of the composition (where the length of the kneader section will affect the texture and elasticity of the composition due to the time required to traverse the kneader section), the temperature of the kneader section (where a longer kneader section will be needed to heat the composition to the same extent at a lower temperature), the intended temperature of the composition after the kneader section (where the composition will be heated to a higher temperature in a longer kneader section due to the increase in time to pass through the kneader section), the presence of other sections in the screw before, after, or in between the flight section and the kneader section, etc. Furthermore, the Applicant has neither demonstrated the criticality nor identified any unique or unexpected benefit of the claimed ratio of a length of the flight section being 50% or more but less than 100%, and a ratio of a length of the kneader section being more than 0% but less than 50%, with respect to a total length of the screw that would render it non-obvious.
Furthermore, since Myer is silent with regards to a ratio of a length of the flight section being 50% or more but less than 100%, and a ratio of a length of the kneader section being more than 0% but less than 50%, with respect to a total length of the screw, one of ordinary skill in the art would have been motivated to look to the art for suitable ratios.
Shao teaches (Paragraph 0026; Fig. 3 #5; Fig. 4 #0502, 0503) a tea leaf kneading and cutting machine with a kneading core 5 (screw) comprising an extrusion section 0502 (flight section), and a kneading section 0503 connected in sequence. As shown in Figure 4, a ratio of a length of the flight section 0502 is 50% or more but less than 100%, and a ratio of a length of the kneader section 0503 is more than 0% but less than 50% with respect to a total length of the screw.
Selection of a known device configuration (ratio of a length of the flight section and ratio of a length of the kneader section with respect to a total length of the screw) based on its suitability for its intended use (processing a food product) supports a prima facie obviousness determination (See MPEP 2144.07).
Sada teaches (Pages 2-4) a method for efficiently producing modified starch with superior performance, wherein starches such as potato, sweet potato, tapioca, wheat, corn, and rice are added and mixed (kneaded) in a twin-screw extruder and heated at a temperature between 70°C and 150°C, preferably between 80°C and 120°C (which overlaps with the claimed range of 100 to 300 °C). Also, Sada teaches (Page 4, 5) the extruded gelatinized starch is dried and ground (crushed) to a powder which can be used as an ingredient in various processed foods.
Al-Katib teaches (Paragraph 0002, 0007, 0030, 0032) pulse based-pasta production by using processed pulse flours, wherein a limited protein pulse fraction comprising a medium-protein pulse fraction and a starch is subjected to heat and moisture treatment in a pasta press mixer kneader followed by drying and milling (crushing). Al-Katib further teaches (Paragraph 0033) once milled, the agglomerated flour may be mixed within a twin screw extruder with or without steam water to produce pulse dough.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Myer to knead a raw material containing starch at a temperature of from 100°C to 300°C, dry the kneaded material, and crush the dried material, thereby obtaining a starch-containing crushed material in view of Sada and Al-Katib, since each of Myer, Sada, and Al-Katib is directed to a method of producing a starch based food product, since kneading a raw material containing starch at a temperature of from 100°C to 300°C, drying the kneaded material, and crushing the dried material, thereby obtaining a starch-containing crushed material to be used in subsequent processing is known in the art as shown by Sada, since kneading a raw material containing starch, drying the kneaded material, and crushing the dried material, thereby obtaining a starch-containing crushed material that is subsequently treated in an extruder is known in the art as shown by Al-Katib, since the modified starch produced by the process of Sada has the a lower gelatinization onset temperature and lower viscosity even after gelatinization, compared to starch produced by conventional methods (Sada, Page 5), since the modified starch produced by the process of Sada has the advantage of maintaining a low gelatinization viscosity over a wide temperature range compared to conventional processed starches (Sada, Page 5), and since hydration, heat, moisture treatment, and drying of the limited protein pulse flour fraction reduces levels of volatiles (e.g. hydrocarbons, alcohols, ketones, and/or aldehydes) as well as inactivates bitterness compounds (e.g. saponins, lectins and phenolics) improving the taste, flavour, and/or aroma (Al-Katib, Paragraph 0031).
Khan teaches (Paragraph 0001, 0018, 0023) a method of preparing highly dense extruded legume micro pellets, wherein a hydrated legume mixture is subjected to extruding in a screw extruder to deliver a specific mechanical energy of 80 to 140 w-h/kg (288-504 kJ/kg), and wherein at least one grain flour may also be added to the mixture along with the legume flour.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Myer, as modified above, to knead a raw material containing starch with an SME value of 300 kJ/kg or more in view of Khan since both are directed to methods of preparing starch containing food productions, since subjecting a raw material containing starch to an SME value of 350 kJ/kg or more i is known in the art as shown by Khan, since insufficient specific mechanical energy applied during kneading can result in a food product with an inadequate structure, texture, elasticity, etc., since specific mechanical energy is integral to creating a legume food product and is independent of throughput (Khan, Paragraph 0030), and since applying insufficient mechanical energy during kneading can result in an under-kneaded, dense product.
Furthermore, the claimed protein dispersibility index (PDI) value of the raw material to from 0 mass% to 55 mass%, would likely if not necessarily occur as a result of the claimed process being obvious in view of the prior art. A claimed property of a product resulting from a known process would be understood to be present as a result of the process being known.
Additionally, the claimed protein dispersibility index (PDI) value of the raw material to from 0 mass% to 55 mass%, would have been used during the course of normal experimentation and optimization procedures in the method of Myer based upon factors such as the treatment time, the type of starch, the presence of other components in the raw material containing starch, etc. Furthermore, the Applicant has neither demonstrated the criticality nor identified any unique or unexpected benefit of the claimed protein dispersibility index (PDI) value of the raw material to from 0 mass% to 55 mass% that would render it non-obvious.
Additionally, the claimed dietary fiber content of in terms of wet mass basis 3.0 mass % or more, starch content of in terms of wet mass basis 10.0 mass % or more, and protein content of in terms of wet mass basis 3.0 mass % or more, would have been used during the course of normal experimentation and optimization procedures in the method of Myer based upon factors such as the desired nutritional content of the extruded product, the type or types of flour used (where different types of flour have different starch, protein, and dietary fiber contents), the amount of water used, the intended taste, texture, and structural properties of the extruded product, consumer nutritional requirements or preferences, etc. Furthermore, the Applicant has neither demonstrated the criticality nor identified any unique or unexpected benefit of the claimed dietary fiber content of in terms of wet mass basis 3.0 mass % or more, starch content of in terms of wet mass basis 10.0 mass % or more, and protein content of in terms of wet mass basis 3.0 mass % or more, that would render it non-obvious.
Furthermore, since Myer is silent with regards to a dietary fiber content of in terms of wet mass basis 3.0 mass % or more, starch content of in terms of wet mass basis 10.0 mass % or more, and protein content of in terms of wet mass basis 3.0 mass % or more, one of ordinary skill in the art would have been motivated to look to the art for suitable temperature and pressure values.
Wang teaches (Col. 1, lines 9-10; Col. 4, lines 13-16; Fig. 1 #1, 4, 5, 6) a process for the production of legume pasta products (starch containing solid compositions), wherein the apparatus used to produce the products includes an extruder 1 having a barrel enclosing two continuous intermeshing co-rotating screws and an inlet 6 located below the dry ingredient feeders 4 and 5. Additionally, Wang teaches (Col. 3, lines 11-13) legume flours used to prepare the food product may be from starchy legumes, wherein, in an exemplary embodiment, pea flour containing 11.9% moisture, 23.8% protein, 48.2% starch and 7.0% dietary fiber was fed to a co-rotating twin screw extruder and water was introduced into the extruder to the extent that the final dough mixture had a moisture content of 32% (which would adjust the amounts protein, starch, and dietary fiber to 18.4%, 37.2% and 5.4% respectively, placing the contents of dietary fiber, starch, protein, and moisture in the claimed ranges).
Selection of known ingredient amounts (dietary fiber, starch, and protein) based on their suitability for their intended use (producing a pasta product in an extruder) supports a prima facie obviousness determination (See MPEP 2144.07).
Additionally, the claimed composition with degree of gelatinization of starch of 40 mass % or more would have been used during the course of normal experimentation and optimization procedures in the method of Myer based upon factors such as the desired degree of gelatinization of starch after cooking with the extruder and the time and temperature of the extrusion process (where a shorter extrusion process or a lower temperature extrusion process will increase the starch gelatinization to a lesser degree), the desired texture and structural properties of the composition, etc. Furthermore, the Applicant has neither demonstrated the criticality nor identified any unique or unexpected benefit of the claimed composition with degree of gelatinization of starch of 40 mass % or more that would render it non-obvious.
Furthermore, since Myer is silent with regards to a composition with degree of gelatinization of starch of 40 mass % or more, one of ordinary skill in the art would have been motivated to look to the art for suitable composition parameters.
Wenger teaches (Paragraph 0030) food is delivered to an inlet of a preconditioner, passed through a chamber, and delivered from an outlet to moisturize and partially precook the ingredients to a cook value, as determined by the extent of gelatinization of starch in the ingredients, of from about 15-60% (which overlaps with the claimed range of degree of gelatinization of starch of 40 mass % or more). Wenger further teaches (Paragraph 0031) preconditioned ingredients are delivered to an extruder are subjected to increasing levels of temperature, pressure, and shear within a barrel, and are then extruded.
Selection of a known device composition (starch with a degree of gelatinization of starch of 40 mass % or more) based on its suitability for its intended use (cooking with an extruder) supports a prima facie obviousness determination (See MPEP 2144.07).
Konuklar teaches (Paragraph 0007, 0030, 0031) a process of manufacturing an ultrasonically-treated nutritional formulation comprising combining ingredients including a protein and a carbohydrate to form a slurry, subjecting the slurry to high power ultrasound, and extruding the slurry to produce the ultrasonically-treated nutritional composition, wherein suitable carbohydrates include hydrolyzed or modified starch and dietary fiber.
Higuchi teaches (Paragraph 0001, 0022) a composition containing fine food particulate complexes and a method for producing the same, wherein, after ultrasonication is carried out, a specific surface area per unit volume after the treatment is 0.10 m.sup.2/mL or more. Higuchi further teaches (Paragraph 0068) the raw material of fine food particles used in one or mere embodiments of the present invention, may be anything as long as it is a food suited for eating and drinking including grains, legumes, or their processed products.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Myer to prepare a composition with a specific surface area per unit volume after ultrasonication of 0.10m2/mL or more in view of Konuklar and Higuchi since both Myer and Konuklar are directed to methods of treating compositions comprising dietary fiber, starch, and protein in extruders, since both Myer and Higuchi are directed to methods of preparing food compositions that may include grain based ingredients, since preparing a composition to be extruded by subjecting the composition to ultrasonication is known in the art as shown by Konuklar, since preparing a composition with a specific surface area per unit volume after ultrasonication treatment of 0.10 m.sup.2/mL or more is known in the art as shown by Higuchi, since subjecting a nutritional slurry utilized to prepare the nutritional bar to high power ultrasound at the appropriate time during the manufacturing process, the resulting nutritional bar maintains a softer texture over an extended time and its shelf life is increased as the high power ultrasound appears to inhibit and/or delay water migration to the surface of the manufactured bar, thus increasing shelf life by maintaining softness (Konuklar, Paragraph 0009), since the ultrasonically-treated nutritional formulations and nutritional bars of the present disclosure also advantageously are prepared from slurries that are more visually pleasing; that is, the slurries that are subjected to the high power ultrasound process prior to being formed into a bar or similar product present a creamier, darker, more consistent and homogeneous look, which translates into a more desirable, commercially acceptable product (Konuklar, Paragraph 0009), and since, when the specific surface area per unit volume after the ultrasonication is less than 0.10 m.sup.2/mL, the re-aggregation strength of the complex is not sufficient, and therefore, it is preferably 0.10 m.sup.2/mL or more (Higuchi, Paragraph 0122).
Additionally, the claimed average temperature of less than 100°C and pressurized condition of 1.0 MPa or more in the kneader section would have been used during the course of normal experimentation and optimization procedures in the method of Myer based upon factors such as the intended texture and elasticity of the composition (where the kneading temperature and pressure will affect the textural properties and elasticity of the composition), the length of the kneader section, the pressure, temperature, and length of other sections in the screw before or after the kneader section (where some amount of kneading may occur in other sections before and after the kneader section), the intended degree of gelatinization, the types and extent of subsequent processing after extrusion, etc. Furthermore, the Applicant has neither demonstrated the criticality nor identified any unique or unexpected benefit of the claimed average temperature of less than 100°C and pressurized condition of 1.0 MPa or more in the kneader section that would render it non-obvious.
Furthermore, since Myer is silent with regards to an average temperature of less than 100°C and a pressurized condition of 1.0 MPa or more in the kneader section, one of ordinary skill in the art would have been motivated to look to the art for suitable temperature and pressure values.
Lechthaler teaches (Col. 3, lines 17-32) a process for preparing a pasta product, wherein dough is heated and kneaded under pressure from 70 to 100 bars (7-10 MPa) at a temperature from 60 to 100°C, and if this operation is carried out at a higher pressure or at a higher temperature, it is difficult to avoid an expansion of the dough at the outlet of the extrude, while, if the operation is carried out at a pressure below 70 bars and at a temperature lower than 60° C, the extruded dough is too soft and it disintegrates due to insufficient gelatinisation. Lechthaler further teaches (Col. 4, lines 27-31) the process may be carried out using a single or double-screw extruder.
Dupart teaches (Col. 1, lines 16-17; Col. 5, lines 9-17) a cooked, extruded, and expanded food product that is prepared by kneading with a screw under a pressure of 136 bar (13.6 Mpa) and a temperature of 75°C.
Selection of known processing parameters (kneading pressure and temperature) based on their suitability for their intended use (processing a food product in a screw extruder) supports a prima facie obviousness determination (See MPEP 2144.07).
Claim(s) 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Myer (US 4540592 A) in view of Shao (CN 107494811 A), Sada (JP S6361001 A), Al-Katib (US 20180360079 A1), Khan (US 20130022732 A1), Wang (US 5989620 A), Wenger (US 20120052174 A1), Konuklar (US 20130115344 A1), Higuchi (US 20190373942 A1), Lechthaler (US 4544563 A), and Dupart (US 6355294 B1), and further in view of Elgner (EP 0377161 A1) as evidenced by Vegan Peace (Flours).
Regarding claim 32, Myer, as modified above, is silent on after at least the step (v), crushing the starch-containing solid composition, thereby obtaining a crushed composition, and agglomerating the crushed composition, thereby obtaining a crushed composition agglomerate.
Elgner teaches (Paragraph 0001, 0004) a method for processing leftover dough into new dough, wherein a dough strip is crushed and ground, mixed with further dry and liquid ingredients (agglomerated), kneaded, and discharged in the form of a dough strand.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Myer, as modified above, to, after at least the step (v), crush the starch-containing solid composition, thereby obtaining a crushed composition, and agglomerate the crushed composition, thereby obtaining a crushed composition agglomerate in view of Elgner since both are directed to methods of preparing dough based food products, since crushing and then agglomerating a processed dough composition (i.e., after cooling in the process of Myer) is known in the art as shown by Elgner, since the fine-grained substrate as the end product of the process of Elgner not only ensures a sufficiently long storage time, but also provides assurance that, due to its flour-like character, the substrate enables a completely uniform distribution within the original ingredients forming the new dough in a new batch (Elgner, Paragraph 0003), and since the process of Elgner enables the immediate use of the obtained product in an ongoing processing process, which avoids the superfluous granular dry substrate that would be required for immediate further processing (Elgner, Paragraph 0004).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Zimeri (US 20070092620 A1) teaches an extruded, directly expanded, high fiber reduced calorie food product.
Endrass (US 20130309377 A1) teaches a method and an apparatus for producing a dough, in particular a dough for bread for toasting, by means of an extruder.
Milne (US 20070264400 A1) teaches methods of making cereal products comprising extruding ingredients including water and a pre-gelatinized starch and/or pre-gelatinized flour through an extruder barrel.
Juengling (US 5667833 A) teaches a process and equipment for manufacturing process pasta, in which a mixture of cereal flour or semolina and water having a water content of 25-40% is prepared, the mixture is kneaded and it is extruded by pressing it through an extrusion die.
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/AUSTIN PARKER TAYLOR/Examiner, Art Unit 1792
/ERIK KASHNIKOW/Supervisory Patent Examiner, Art Unit 1792
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