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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chun CN 109287843 (machine translation provided herewith relied on for reference).
Regarding claim 1, Chun teaches a method for producing a rice protein-containing liquid comprising treating a rice protein-containing liquid with a protein deamidase. [0011]
Regarding claim 2, the rice protein-containing liquid of Chun is a dispersion of rice protein and therefore comprises “crushed rice” as recited in claim 2. It is noted that the claim does not positively recite crushing rice, but instead recites a product-by-process limitation regarding how the ingredient used in the method was produced.
Regarding claims 3 and 4, Chun does not teach saccharification or fermentation.
Regarding claims 5-7, Chun discloses the rice protein treated with deamidase has a smooth texture and light milk aroma. Given that Chun teaches the same process as presently claimed and disclosed, as well as the same benefits, it logically follows that the method of Chun yields the functional limitations recited in claims 5-7.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michele L Jacobson whose telephone number is (571)272-8905. The examiner can normally be reached Monday through Friday from 10-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Emily Le can be reached at (571) 272-0903. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Michele L Jacobson/Primary Examiner, Art Unit 1793
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