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 .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-4,21-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lamikanra(US 2016/0309752).
Regarding claims 1-3,21, Lamikanra teaches a foodstuff composition comprising a binder and inclusions, wherein the binder comprises water and mucilaginous seeds such as flax seed, chia seed, or mustard seed(para 41). The inclusions can include cereal based inclusions, seed-based inclusions, and nut based inclusions(para 41). Lamikanra teaches that the binder comprises about 85 to 99% moisture and also comprises starch and mucilaginous seeds in an amount of about 1 to about 20 percent by weight(para 24,39). Therefore, the mucilaginous seeds would be present in an amount of up to about 14%(assuming 1% starch). This equates to a weight ratio of mucilaginous seeds to water of about 0.16(14/85). “About 0.16” would be considered to include 0.2 as claimed.
Furthermore, Lamikanra teaches that the mucilaginous seeds work synergistically with starch and water to enhance binding properties and higher viscosities(para 42). It would have been obvious to adjust the water and seed ratios in order to provide the effective binder function and viscosity.
Lamikanra teaches that the foodstuff can comprise about 5 to 20% binder(para 41), which would reasonably include levels of between 25.0wt% and 35.0wt%. The remainder would comprise the dry inclusions at an amount of 75%-95%.
Furthermore, it would have been obvious to adjust the binder and inclusion amounts in order to effectively bind the components and form a crunchy final food product(para 43).
Regarding claim 4, Lamikanra teaches that the starch is to be added to the dry inclusions so that it pulls moisture away from the dry inclusions and that the food product is intended to be crunchy(para 43). Therefore, it would have been obvious to ensure that the inclusions do not absorb more than 20.0wt% water based on the weight of the inclusion when held in the binder solution for 20 minutes through the use of starch and mucilaginous materials that absorb water.
Regarding claim 22, Lamikanra teaches that the foodstuff can comprise about 5 to 20% binder(para 41) and does not specifically teach between 26.0wt% and 34.0wt% and inclusion between 66.0wt% and 74.0wt%.
Furthermore, it would have been obvious to adjust the binder and inclusion amounts in order to effectively bind the components and form a crunchy final food product(para 43).
Regarding claim 23, Lamikanra teaches that the binder comprises about 85 to 99% moisture and also comprises starch and mucilaginous seeds in an amount of about 1 to about 20 percent by weight(para 24,39). Therefore, the mucilaginous seeds would be present in an amount of up to about 14%(assuming 1% starch). This equates to a weight ratio of mucilaginous seeds to water of about 0.16(14/85).
Lamikanra does not specifically teach a mucilaginous seeds to water in the binder ratio of between 0.275 and 0.375. However, Lamikanra teaches that the mucilaginous seeds work synergistically with starch and water to enhance binding properties and higher viscosities(para 42). It would have been obvious to adjust the water and seed ratios in order to provide the effective binder function and viscosity.
Regarding claim 24, Lamikanra is silent on the work of adhesion. However, it would have been obvious to adjust the work of adhesion of the binder in order to ensure that the inclusions are probably held together, i.e. the known and expected function of the binder.
Claim(s) 5-9,16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lamikanra(US 2016/0309752) in view of Good Witch Kitchen.net(Apricot Granola Bars).
Regarding claims 5-9,16, Lamikanra teaches mixing mucilaginous seeds with water to form a binder and then combining with inclusions to form the bar(para 43). Lamikanra does not specifically teach that the time period for mixing is greater than 5 minutes at a temperature between 15.0C and 35C to form a binder. However, Good Witch Kitchen teaches a method of making apricot granola bars comprising first forming a binder of chia seeds by mixing with orange juice(which is mostly water) at room temperature(25C) and setting aside for at least 5 minutes in order for the chia seeds to gel(step 2). Good Witch Kitchen further teaches mixing the binder with dry ingredients and then molding to form a granola bar(step 4). It would have been obvious to mix the water and mucilaginous seeds in Lamikanra for at least 5 minutes at 25C before combining with the dry ingredients in order to allow the seeds to gel, thus forming a more effective binder.
Regarding claim 17, Lamikanra teaches that the foodstuff can comprise about 5 to 20% binder(para 41) and does not specifically teach the binder between 26.0wt% and 34.0wt% and inclusion between 66.0wt% and 74.0wt%.
However, it would have been obvious to adjust the binder and inclusion amounts in order to effectively bind the components and form a crunchy final food product(para 43).
Regarding claim 18, Lamikanra teaches that the binder comprises about 85 to 99% moisture and also comprises starch and mucilaginous seeds in an amount of about 1 to about 20 percent by weight(para 24,39). Therefore, the mucilaginous seeds would be present in an amount of up to about 14%(assuming 1% starch). This equates to a weight ratio of mucilaginous seeds to water of about 0.16(14/85).
Lamikanra does not specifically teach a mucilaginous seeds to water in the binder ratio of between 0.275 and 0.375. However, Lamikanra teaches that the mucilaginous seeds work synergistically with starch and water to enhance binding properties and higher viscosities(para 42). It would have been obvious to adjust the water and seed ratios in order to provide the effective binder function and viscosity.
Regarding claim 19, Lamikanra is silent on the work of adhesion. However, it would have been obvious to adjust the work of adhesion of the binder in order to ensure that the inclusions are probably held together, i.e. the known and expected function of the binder.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Green(WO 02/21937) in view of Lamikanra(US 2016/0309752) further in view of Good Witch Kitchen.net(Apricot Granola Bars).
Regarding claim 15, Green teaches a foodstuff comprising inclusions and a binder, wherein the binder comprises water and mucilaginous seeds such as flax(abstract, p.5, line 17). Starch is an optional component in the binder but is not required(p.3, line 4-7). Green does not specifically teach the binder between 25.0wt% and 35.0wt% and inclusion between 65.0wt% and 75.0wt%.
However, it would have been obvious to adjust the binder and inclusion amounts in order to effectively bind the components and form a crunchy final food product(para 43).
Green is silent on the weight ratio of mucilaginous seeds to water in the binder.
However, Lamikanra teaches a foodstuff composition comprising a binder and inclusions, wherein the binder comprises water and mucilaginous seeds such as flax seed, chia seed, or mustard seed(para 41). The inclusions can include cereal based inclusions, seed-based inclusions, and nut based inclusions(para 41). Lamikanra teaches that the binder comprises about 85 to 99% moisture and also comprises starch and mucilaginous seeds in an amount of about 1 to about 20 percent by weight(para 24,39). Therefore, the mucilaginous seeds would be present in an amount of up to about 14%(assuming 1% starch). This equates to a weight ratio of mucilaginous seeds to water of about 0.16(14/85). “About 0.16” would be considered to include 0.2 as claimed. Lamikanra teaches that the mucilage material helps to absorb water and bind the dry ingredients(para 41). It would have been obvious to have a mucilaginous seeds to water of about 0.16 in Green as taught in Lamikanra in order to effectively bind the dry ingredients.
Green teaches mixing mucilaginous seeds with water to form a binder and then combining with inclusions to form the bar(example 1). Green does not specifically teach that the time period for mixing is greater than 5 minutes at a temperature between 15.0C and 35C to form a binder. However, Good Witch Kitchen teaches a method of making apricot granola bars comprising first forming a binder of chia seeds by mixing with orange juice(which is mostly water) at room temperature(25C) and setting aside for at least 5 minutes in order for the chia seeds to gel(step 2). Good Witch Kitchen further teaches mixing the binder with dry ingredients and then molding to form a granola bar(step 4). It would have been obvious to mix the water and mucilaginous seeds in Green for at least 5 minutes at 25C before combining with the dry ingredients in order to allow the seeds to gel, thus forming a more effective binder.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Green(WO 02/21937) in view of Lamikanra(US 2016/0309752).
Regarding claim 20, Green teaches a foodstuff comprising inclusions and a binder, wherein the binder comprises water and mucilaginous seeds such as flax(abstract, p.5, line 17). Starch is an optional component in the binder but is not required(p.3, line 4-7). Green does not specifically teach the binder between 25.0wt% and 35.0wt% and inclusion between 65.0wt% and 75.0wt%.
However, it would have been obvious to adjust the binder and inclusion amounts in order to effectively bind the components and form a crunchy final food product(para 43).
Green is silent on the weight ratio of mucilaginous seeds to water in the binder.
However, Lamikanra teaches a foodstuff composition comprising a binder and inclusions, wherein the binder comprises water and mucilaginous seeds such as flax seed, chia seed, or mustard seed(para 41). The inclusions can include cereal based inclusions, seed-based inclusions, and nut based inclusions(para 41). Lamikanra teaches that the binder comprises about 85 to 99% moisture and also comprises starch and mucilaginous seeds in an amount of about 1 to about 20 percent by weight(para 24,39). Therefore, the mucilaginous seeds would be present in an amount of up to about 14%(assuming 1% starch). This equates to a weight ratio of mucilaginous seeds to water of about 0.16(14/85). “About 0.16” would be considered to include 0.2 as claimed. Lamikanra teaches that the mucilage material helps to absorb water and bind the dry ingredients(para 41). It would have been obvious to have a mucilaginous seeds to water of about 0.16 in Green as taught in Lamikanra in order to effectively bind the dry ingredients.
Response to Arguments
Applicant's arguments filed 11/12/2025 have been fully considered but they are not persuasive.
The applicant argues that comparative examples 1 and 2 demonstrate that compositions having a binder content below or above the claimed range of 25.0wt% and 35.0wt% did not form products. However, the prior art Lamikanra teaches that binder composition amounts of “about 20 wt%”, which would include amounts of 25.0wt% effectively form products(para 41). As such, the applicant has not compared the closest prior art.
The applicant argues that Lamikanra teaches away from a weight ratio of mucilaginous seeds to water in the binder between 0.20 and 0.50. However, Lamikanra teaches that the binder comprises about 85 to 99% moisture and also comprises starch and mucilaginous seeds in an amount of about 1 to about 20 percent by weight(para 24,39). This equates to a weight ratio of mucilaginous seeds to water of about 0.16(14/85). “About 0.16” would be considered to include 0.2 as claimed.
Furthermore, Lamikanra teaches that the mucilaginous seeds work synergistically with starch and water to enhance binding properties and higher viscosities(para 42). It would have been obvious to adjust the water and seed ratios in order to provide the effective binder function and viscosity.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/KATHERINE D LEBLANC/Primary Examiner, Art Unit 1791