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 species I:food in the reply filed on 3/30/2026 is acknowledged.
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) 1-8,10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harel(WO2013/142792A1).
Regarding claims 1-8,11,12, Harel teaches a powderous composition comprising 30% vitamin A(a fat soluble vitamin, 30% maltodextrin with DE 1, 30% inulin(example 26), and about 0.1 to about 10% modified starches(claim 30). X teaches that the composition can be in the form of a food(claim 40).
X is silent on the presence of a maltodextrin having a DE> 18. However, Cevallos teaches a powdered nutritional composition that contains vitamins that comprise maltodextrin with a DE of 2 to 6 and an additional maltodextrin with a DE of greater than 8 for stabilization(para 9,10). It would have been obvious to include a mixture of maltodextrin with a DE of 2 to 6 and a maltodextrin with a DE of greater an 8 in Harel as taught in Cevallos because both maltodextrins provide a stabilization matrix for dried food products. It would have been obvious to adjust the amount of each maltodextrin in order to form a stable composition.
Regarding claim 10, X teaches that the composition can comprise 1-10% oligosaccharide in the form of inulin(para 51).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harel(WO2013/142792A1).
Harel is silent on the presence of starch sodium ocentyl succinate as the modified starch. However, Voelker teaches that use of sodium ocentyl succinate as a stabilizing agent for vitamin E along with maltodextrin(p.2 line 4-13, p.4 lien 15). It would have been obvious to use sodium ocentyl succinate as the modified starch in Harel as taught in Voelker because it is used as an effective stabilizing agent along with maltodextrin in vitamin compositions.
Conclusion
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/KATHERINE D LEBLANC/ Primary Examiner, Art Unit 1791
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