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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 20 January 2026 has been entered.
Claim status
Claims 1-16 are pending in the current application.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Ajami et al. (herein referred to as Ajami, US 20180310599 A1).
With regard to Claim 1, Ajami teaches introducing an emulsion to a comestible article ([0158]). Ajami teaches wherein the emulsion comprises a continuous phase and a dispersed phase ([0045]).
Ajami teaches the continuous phase can be any suitable continuous phase but Ajami teaches it is specifically an aqueous medium ([0161]). Ajami teaches the dispersed phase comprises a fatty composition ([0160]). In this case, Ajami teaches an oil-in-water emulsion. However, Ajami teaches suitable emulsions include both an oil-in-water emulsion and a water-in-oil emulsion ([0158], Claims 93-94). Thus, it would have been obvious to one with ordinary skill in the art to use a water-in-oil emulsion and therefore that the continuous phase would comprise the fatty composition and the dispersed phase would be the aqueous medium. Therefore because Ajami teaches both types of emulsions can be used the reference reads on the claimed limitations.
Continuing, with regard to the fatty composition, Ajami teaches solid fat particles dispersed within a liquid oil, the solid fat particles comprising a plant-derived fat, and the liquid oil comprising a plant-derived oil ([0160]).
Ajami teaches the comestible products are principally or entirely composed of ingredients derived from non-animal sources ([0098]). Therefore, Ajami teaches the comestible product is free of animal derived fatty acid glycerides
Ajami teaches all the limitations in instant claim 1, therefore Ajami inherently teaches the fat content of the comestible article is reduced relative to a comparable comestible article not prepared with the emulsion. See MPEP 2112.01 which states “Products of identical chemical composition can not have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present.
With regard to Claims 2-5, Ajami teaches the solid fat particles comprise cocoa butter ([0160]). Therefore, the solid fat particle would inherently have a melting point of at least 30 0C and no higher than 80 0C. See MPEP 2112.01(II) “Products of identical chemical composition can not have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present.
With regard to Claim 6, Ajami teaches the liquid oil is soybean oil ([0160]). Soybean oil inherently has a melting point of about -16℃. Thus, Ajami clearly teaches the melting point of the liquid oil is no higher than 15℃. See MPEP 2112.01(II) "Products of identical chemical composition can not have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present.
With regard to Claim 7, Ajami teaches utilizing one or more fat-soluble flavor compounds ([0114], [0125]).
With regard to Claims 8, Ajami teaches utilizing an emulsifier ([0162]). wherein the emulsifier comprises lecithins ([0162]).
With regard to Claim 9, Ajami teaches the ratio of continuous phase to dispersed phase is such that such amounts of continuous and dispersed phases are released at higher temperature such that a meat-like sizzle sound is produced ([0169]). Therefore, it would have been obvious to one with ordinary skill in the art to optimize the ratio of the dispersed phase in the emulsion to achieve the desired meat-like sizzle sound. See MPEP 2144.05(II)(A) Generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
With regard to Claim 11, Ajami teaches the comestible article is a meat analogue product (abstract).
With regard to Claim 12, Ajami teaches the comestible articles comprises a plant-derived protein ([0105]) and a plant derived fiber ([0107]).
With regard to Claims 13-14, Ajami teaches wherein the emulsifier comprises lecithins ([0162]).
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Ajami (US 20180310599 A1) and Savannah Surfactants (“CITREM Citric Acid Esters of Mono and Diglycerides-E472c”)
With regard to Claim 15, Ajami teaches wherein the emulsifies comprises monoglycerides and citric acid esters of monoglycerides ([0162]) but is silent to citric acid esters of mono- and di-glycerides (emphasis added).
It is important to note that Ajami does teaches monoglycerides but does not specify monoglycerides from fatty acids, the monoglycerides taught by Ajami would inherently have the same chemical structure has a monoglyceride derived from fatty acids and therefore the origin of the monoglyceride is irrelevant.
Savannah Surfactants teaches CITREM is a citric acid ester of mono and diglycerides made from edible fatty acids (Description). CITREM smoothens and stabilizes meat emulsions, extends softness shelf-life and can act as an anti-spattering agent by reducing surface tension between oil and water (Application in food).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Ajami in view of Savannah Surfactants to include CITREM to smooth and stabilize meat emulsions, extend softness shelf-life, and act as an anti-spattering agent.
With regard to Claim 16, Ajami teaches the emulsifier comprises lecithins ([0162]) and citric acid esters of monoglycerides ([0162]) but is silent to citric acid esters of mono- and di-glycerides (emphasis added).
Savannah Surfactants teaches CITREM is a citric acid ester of mono and diglycerides made from edible fatty acids (Description). CITREM smoothens and stabilizes meat emulsions, extends softness shelf-life and can act as an anti-spattering agent by reducing surface tension between oil and water (Application in food).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Ajami in view of Savannah Surfactants to include CITREM to smooth and stabilize meat emulsions, extend softness shelf-life, and act as an anti-spattering agent.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-16 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/K.I.D./Examiner, Art Unit 1792
/ERIK KASHNIKOW/Supervisory Patent Examiner, Art Unit 1792