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 1-10 in the reply filed on 2/24/2026 is acknowledged.
Claims 11-15 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/24/2026.
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 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 recites the broad recitation 10 to 40wt%, and the claim also recites 22 to 30% which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 1 also has broad/narrow limitations regarding the weight ratio of starch to glassy carbohydrate.
Claims 3-7,9,10 have similar broad/narrow limitations.
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) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harris(5232732).
Regarding claims 1,3, Harris teaches a composition for making bouillons(soup mix) comprising(col 4, line 33-65)
a)0% vegetable oil
b)10.17% sugar(crystalline disaccharide)
c)11.71% herbs, spices, and vegetables
d)0% native ungelatinized starch
e)11.05% maltodextrin with a DE of 13 to 17.0(glass carbohydrate material)
f)19.32% chicken fat
g)0.66% sodium(5.10% MSG which contains 13% sodium)(col 4, line 35-53).
Harris teaches 11.05% maltodextrin and not 15 to 50wt% as claimed. It is apparent, however, that the instantly claimed 15% and that taught by Harris are so close to each other that the fact pattern is similar to the one in In re Woodruff, 919 F.2d 1575, USPQ2d 1934 (Fed. Cir. 1990) or Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed.Cir. 1985) where despite a "slight" difference in the ranges the court held that such a difference did not "render the claims patentable" or, alternatively, that "a prima facie case of obviousness exists where the claimed ranges and prior art ranges do not overlap but are close enough so that one skilled in the art would have expected them to have the same properties".
Furthermore, it would have been obvious to adjust the amount of maltodextrin depending on the texture desired in the bouillon composition.
The ratio of starch(which is assumed to be the native ungelatinized starch) to glassy carbohydrate material is 0 because the amount of native ungelatinized starch is 0.
Regarding claim 2, Harris teaches that the composition comprises 0.66% sodium(5.10% MSG which contains 13% sodium)(col 4, line 35-53), which equates to 6.6mg Na+ to 100g in the ready-to-eat bouillon.
Regarding claim 4, Harris teaches 5.10% monosodium glutamate as a seasoning component (col 4, line 33-65) and not 0 to 1wt% as claimed. However, it would have been obvious to use another commonly known sodium containing seasoning component such as NaCl to provide the desired salty flavor.
Regarding claim 5, Harris teaches that the particles in the bouillon cube has a particle size of 100% fitting through a no 5 mesh size(4000 microns). Therefore, the glassy carbohydrate has a Dv90 of less than 4000 microns, which overlaps the claimed range of 40 to 600 micrometers and renders it obvious.
Regarding claim 6, Harris teaches that the glassy carbohydrate is maltodextrin. The amount of glassy carbohydrates in claim 6 is “preferably from 20 to 45wt%”. The term “preferably” indicates that the amount is preferred and not required.
Claim(s) 7,8,10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harris(5232732) in view of Haefliger(6579548).
Regarding claim 7, Harris teaches that use of chicken fat in the bouillon composition but does not specifically teach the use of palm fat. However, Haefliger teaches a granular product for bouillon which can comprise palm fat or chicken fat as the fat source(col 2, line 7-23). It would have been obvious to use palm fat instead of chicken fat as the fat in Harris since Haefliger teaches that palm fat is an acceptable alternative to chicken fat in a bouillon product.
Harris does not specifically teach that the glassy carbohydrate material is dry glucose syrup DE value ranging from 26 to 30 and/or polydextrose having a DE value ranging from 4 to 7 in an amount of 28 to 40wt%. However, it would have been obvious to adjust type and the amount of glassy carbohydrate depending on the texture desired in the bouillon composition.
Regarding claim 8, Harris teaches that use of chicken fat in the bouillon composition but does not specifically teach the use of palm fat. However, Haefliger teaches a granular product for bouillon which can comprise palm fat or chicken fat as the fat source(col 2, line 7-23). It would have been obvious to use palm fat instead of chicken fat as the fat in Harris since Haefliger teaches that palm fat is an acceptable alternative to chicken fat in a bouillon product.
Harris teaches 11.05% maltodextrin was a DE of 13 to 17 and not 28 to 40wt% as claimed. Furthermore, it would have been obvious to adjust the amount of maltodextrin depending on the texture desired in the bouillon composition.
Harris teaches that the particles in the bouillon cube has a particle size of 100% fitting through a no 5 mesh size(4000 microns). Therefore, the glassy carbohydrate has a Dv90 of less than 4000 microns, which overlaps the claimed range of 50 to 100 micrometers and renders it obvious.
Regarding claim 10, Harris teaches a composition for making bouillons(soup mix) comprising(col 4, line 33-65)
a)0% vegetable oil
b)10.17% sugar(crystalline disaccharide)
c)11.71% herbs, spices, and vegetables
d)0% native ungelatinized starch
e)11.05% maltodextrin with a DE of 13 to 17.0(glass carbohydrate material)
f)19.32% chicken fat
g)0.66% sodium(5.10% MSG which contains 13% sodium)(col 4, line 35-53).
Harris teaches that the particles in the bouillon cube has a particle size of 100% fitting through a no 5 mesh size(4000 microns). Therefore, the glassy carbohydrate has a Dv90 of less than 4000 microns, which overlaps the claimed range of 70 to 400 micrometers and renders it obvious.
Harris teaches that use of chicken fat in the bouillon composition but does not specifically teach the use of palm fat. However, Haefliger teaches a granular product for bouillon which can comprise palm fat or chicken fat as the fat source(col 2, line 7-23). It would have been obvious to use palm fat instead of chicken fat as the fat in Harris since Haefliger teaches that palm fat is an acceptable alternative to chicken fat in a bouillon product.
It would have been obvious to make the bouillon composition into a pasty tablet in the size of 8 to 12 grams depending on the nature of the intended product and amount of soup desired.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harris(5232732) in view of Bobe(US2020/0120963).
Regarding claim 9, Harris teaches a composition for making bouillons(soup mix) comprising(col 4, line 33-65)
a)0% vegetable oil
b)10.17% sugar(crystalline disaccharide)
c)11.71% herbs, spices, and vegetables
d)0% native ungelatinized starch
e)11.05% maltodextrin with a DE of 13 to 17.0(glass carbohydrate material)
f)19.32% chicken fat
g)0.66% sodium(5.10% MSG which contains 13% sodium)(col 4, line 35-53).
The ratio of starch(which is assumed to be the native ungelatinized starch) to glassy carbohydrate material is 0 because the amount of native ungelatinized starch is 0.
Harris does not specifically teach that the fat is shea fat. However, Bobe teaches a bouillon cube comprising a fat composition in the form of pam fat(para 30). It would have been obvious to use shea fat as the fat in Harris since Bobe teaches that shea fat can form an acceptable bouillon tablet or cube with good flavor.
Harris does not specifically teach that the glassy carbohydrate material is present in an amount of 30 to 40% and is dry glucose syrup DE value ranging from 26 to 30 or polydextrose. However, it would have been obvious to adjust type and the amount of glassy carbohydrate depending on the texture desired in the bouillon composition.
Harris teaches that the particles in the bouillon cube has a particle size of 100% fitting through a no 5 mesh size(4000 microns). Therefore, the glassy carbohydrate has a Dv90 of less than 4000 microns, which overlaps the claimed range of 50 to 100 micrometers and renders it obvious.
It would have been obvious to make the bouillon composition into a pasty tablet in the size of 8 to 12 grams depending on the nature of the intended product and amount of soup desired.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE D LEBLANC whose telephone number is (571)270-1136. The examiner can normally be reached 8AM-4PM EST M-F.
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/KATHERINE D LEBLANC/ Primary Examiner, Art Unit 1791
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