DETAILED ACTION
Background
The amendment dated July 06, 2026 (amendment) amending claim 1 and adding new claims 15-24 has been entered. Claims 1, 6, 8-9, 12 and 15-24 as filed with the amendment have been examined. Claims 13-14 have been withdrawn from consideration as drawn to a non-elected invention. Claims 2-5, 7 and 10-11 have been canceled.
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
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 6, 12, 15-16, 18-20 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over CN105767330 A to Yao et al (Yao), as evidenced by US2018/0263269 A1 to Prakash et al. (Prakash), of record.
All references to Yao refer to its Clarivate machine translation, a copy of which is included in this office action.
Regarding instant claims 1, 12, 15, 18-19 and 24, Yao discloses at Abstract on page 1 discloses a health care tea (“tea” as an “ingestible composition” as in claims 1, 15 and 19) comprising, according to weight parts 16 to 24 parts of shoumee tea, 4 to 8 parts of vanilla seed, Astragalus mongholicus, 5 to 15 parts of liquorice (“comprises a sweetener” as in claim 12, 18 and 24; and provides a “bitter taste” as in claims 1, 15 and 19)), 5 to 10 parts of chrysanthemum, 5 to 10 parts of honeysuckle (“comprises a sweetener” as in claim 12, 18 and 24), 2 to 8 parts of sweet osmanthus flower, wherein the method comprises including in the tea (“introducing a flavor-modifying compound”) which is a source of nevadensin or 5,7-dihydroxy-6,8,4'-trimethoxyflavone (flavone). Further, at Yao discloses at page 5, 4th full paragraph that its tea is a green tea.
The Office considers the claimed method of reducing a bitter taste in an ingestible composition of tea by introducing to the ingestible composition a 3,6,7,4'-tetramethoxy-5,3'-dihydroxyflavone in claims 1, 15 and 19 as including the adding a vanilla seed to tea in Yao which comprises liquorice and green tea as sources of bitter taste. Further, the Office considers the recited methods wherein the ingestible compositions further comprise sweeteners as including both the honeysuckle and the liquorice in the tea of Yao.
Before the effective filing date of the present invention, the ordinary skilled artisan would have found it obvious in view of Jin to enhance the sweet taste of its ingestible composition as a coffee, tea or fruit juice because, as shown at [0067] and [0070] of Prakash, the flavones of Jin as 2-phenylchromen-4-ones provide a sweetness enhancing property to ingestible compositions including those of Yao.
Regarding instant claims 6, 16 and 20, Yao does not disclose methods wherein the flavor-modifying compound is present in the ingestible composition in the amount of 0.01 ppm to 1000 ppm, based on the total weight of the ingestible composition as in claims 6, 16 and 20. However, Yao at Abstract discloses an amount of vanilla seed of 4 to 8 weight parts in the dry tea mixture. The Office considers the dry tea of Yao as comprising from 4 to 8 wt% of vanilla seed.
The Office interprets the recited ingestible composition as a tea in Yao as including any and all of a tea mixture and a hot or cold beverage made therefrom.
The Office interprets the solids content of a tea beverage broadly and without limitation, including a tea consisting of water and an extract of a disclosed tea and including tea of any strength desired. Accordingly, the Office considers the claimed ingestible composition wherein the amount of a flavor-modifying compound as claimed is present in the ingestible composition in the amount of 0.01 ppm to 1000 ppm, based on the total weight of the ingestible composition . Absent a clear showing as to how the amount of nevadensin or the flavor-modifying compound of Yao differs from that of the ingestible composition as claimed, the Office considers the tea of Yao at Abstract to comprise a flavor-modifying compound as claimed in claims 6, 16 and 20 in the amount of 0.01 ppm to 1000 ppm, based on the total weight of the ingestible composition. See MPEP 2112.01.I.
Claims 6, 16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over CN105767330 A to Yao et al (Yao) as applied to claim 1 above, and further in view of US2018/0263269 A1 to Prakash et al. (Prakash).
All references to Yao refer to its Clarivate machine translation, a copy of which is included with this office action.
As applied to claim 1, Yao at Abstract on page 1 discloses a method comprising introducing a flavor-modifying compound selected from the group consisting of 5,7-dihydroxy-6,8,4'-trimethoxyflavone, 4’,5,7-trihydroxy-3’,6′-dimethoxyflavone, 5,7-dihydroxy-6,3',4'-trimethoxyflavone, 5-methoxy-7-hydroxyflavanone, 5,7-dihydroxy-6,3',4'-trimethoxyflavone and 3,6,7,4'-tetramethoxy-5,3'-dihydroxyflavone as a vanilla seed to the ingestible composition, thereby (a) enhancing the sweet taste, (b) reducing the bitter taste, (c) reducing the sour taste, or (d) reducing the astringency of the ingestible composition.
Yao does not disclose methods wherein the flavor-modifying compound is present in the ingestible composition in the amount of 0.01 ppm to 1000 ppm, based on the total weight of the ingestible composition as in claims 6, 16 and 20. However, Yao at Abstract discloses an amount of vanilla seed of 4 to 8 weight parts in the dry tea mixture. The Office considers the dry tea of Yao as comprising from 4 to 8 wt% of vanilla seed.
The Office interprets the recited ingestible composition as a tea in Yao as including any and all of a tea mixture and a hot or cold beverage made therefrom.
Prakash discloses at Abstract ingestible compositions comprising steviol glycosides including (at [0359]) beverages as fruit juice, coffee or tea as well as methods of sweetening them, wherein (at [0069]) the methods of making the ingestible compositions comprise adding flavones that have (at [0070]) a 2-phenylchromen-4-one backbone to (at [0067]) enhance the sweetness of its compositions. Further, at [0068] Prakash discloses adding the flavones in amounts of from about 5 ppm to about 50 ppm. And, at Example 5 and [0416] Prakash discloses methods for reducing a bitter taste of a fruit flavored drink by adding the flavones as a flavor modulator. Further, at Example 5 and [0416] Prakash discloses methods for reducing a bitter taste of a fruit flavored drink by adding the flavones as a flavor modulator
Before the effective filing date of the present invention, the ordinary skilled artisan would have found it obvious in view of Prakash for Yao to make an ingestible composition that is a coffee, tea or fruit juice wherein the amount of a flavor-modifying compound as claimed is present in the amount of 0.01 ppm to 1000 ppm, based on the total weight of the ingestible composition. Both references disclose methods of making tea comprising a flavone compound. The ordinary skilled artisan in Yao would have desired to formulate its teas as in Prakash to include the claimed amount of a flavor-modifying compound to improve the flavor and reduce the bitterness of its tea.
Claims 15-16, 18-20 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over KR20190094193 A to Jin et al. (Jin), as evidenced by US2018/0263269 A1 to Prakash et al. (Prakash), both of record.
All references to Jin refer to its Clarivate machine translation, a copy of which was included in a prior office action.
Regarding instant claims 15-16, 18-20 and 24, Jin discloses at Abstract on page 2 a health food (“ingestible composition” in claims 15 and 19) made by a method of introducing a 4′,5,7-trihydroxy-3′,6-dimethoxyflavone(flavone in claims 15 and 19) as a flavor-modifying compound into the ingestible composition. Further, at Formulation Example 5,3. on page 20, Jin discloses making a fruit juice as its ingestible composition comprising adding to 1000 ml apple or grape juice an amount of 1 g of the flavone (just under 1000 ppm as in claims 16 and 20). Accordingly, Jin discloses a method of making an ingestible composition comprising introducing a compound to the ingestible composition. At page 8, 4th full paragraph, Jin discloses tea as an ingestible composition. At Formulation Example 5,1. on pages 19-20 Jin discloses a method of making a fruit juice drink ingestible composition comprising combining 2 g of a plum concentrate, 900 ml of water and 100 g of oligosaccharides by adding thereto 0.1 mg (1 ppm as in claims 16 and 20) of the flavone. At page 8, 5th full paragraph, Jin discloses that its compositions further comprise sweeteners including stevia extracts and polysaccharides like dextrins, which are oligosaccharides. The Office considers the recited sweetener in claims 18 and 24 as including the oligosaccharides of Example 5.1 of Jin.
Further, Jin does not disclose that its methods comprise enhancing a sweet taste, reducing a bitter taste, reducing a sour taste or reducing astringency of an ingestible composition. However,
Before the effective filing date of the present invention, the ordinary skilled artisan would have found it obvious in view of Jin to enhance the sweet taste of its ingestible composition as a coffee, tea or fruit juice because, as shown at [0067] and [0070] of Prakash, the 2-phenylchromen-4-one flavones of Jin provide a sweetness enhancing property to ingestible compositions including those of Jin.
Claims 17 and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over KR20190094193 A to Jin et al. (Jin) in view of US2018/0263269 A1 to Prakash et al. (Prakash) as applied to claims 15 and 19 above, and further in view of US2009/0175995 A1 to Havekotte et al. (Havekotte).
All references to Jin refer to its Clarivate machine translation, a copy of which was included in a prior office action.
As applied to claims 15 and 19, Jin at Abstract and Formulation Examples 5,1. and 5,3. as evidenced by Prakash at [0067] discloses methods of enhancing a sweet taste, reducing a bitter taste, reducing a sour taste or reducing astringency of an ingestible composition comprising introducing a flavor-modifying compound selected from the group consisting of: 5,7-dihydroxy-6,8,4'-trimethoxyflavone; 4',5,7-trihydroxy-3',6-dimethoxyflavone; 5,7-dihydroxy-6,3',4'-trimethoxyflavone; 5-methoxy-7-hydroxyflavanone; 3,6,7,4'-tetramethoxy-5,3'-dihydroxyflavone; comestibly acceptable salts of the foregoing; and combinations thereof to (at [0359]) a coffee, tea or their combination as an ingestible composition as in claim 15 and introducing the selected flavone as a flavor-modifying compound to a coffee, tea, fruit juice having the bitter taste, fruit juice having the sour taste, fruit juice having the astringency, or any combination thereof as in claim 19.
Regarding instant claims 17 and 21-22, Jin does not disclose a method wherein the ingestible composition comprises one or more bitter compounds selected from the group consisting of limonin, nomilin, naringin, and any combinations thereof as in claims 17 and 21. Further, Jin does not disclose making a citrus fruit juice as an ingestible composition as in claim 22. However, at page 8, 3rd to last full paragraph Jin discloses fruit juice and fruit juice drinks;
Prakash discloses at Abstract ingestible compositions comprising steviol glycosides including (at [0359]) fruit juice, coffee or tea and juice drinks as well as methods of sweetening them, wherein (at [0069]) the methods of making the ingestible compositions comprise adding flavones that have (at [0070]) a 2-phenylchromen-4-one backbone to enhance the sweetness of the compositions,. Further, at Example 5 and [0416] Prakash discloses methods for reducing a bitter taste of a fruit flavored drink by adding the flavones as a flavor modulator. Further, Prakash at [0067] discloses that its flavones and 2-phenylchromen-4-ones generally Jin enhance the sweetness of Jin’s fruit juices.
Havekotte at [0029]-[0030] and [0048] discloses that citrus juice comprises bitter compounds and that orange juice comprises limonin and nomilin. Further, Havekotte at [0049] discloses blending juices or varieties of citrus and orange juice to reduce the bitter flavor of a product to reduce their bitter flavor.
Before the effective filing date of the present invention, the ordinary skilled artisan would have found it obvious in view of Prakash for Jin to introduce the claimed flavor-modifying compound to an ingestible composition as a tea wherein the method reduces the bitter taste of a coffee, tea, fruit juice having the bitter taste, fruit juice having the sour taste, fruit juice having the astringency, or any combination thereof. Both references disclose making teas from compositions comprising flavones. The ordinary skilled artisan in Jin would have desired to include in its tea a flavone as a 2-phenylchromen-4-one as in Prakash to reduce the bitter flavor of the tea.
Before the effective filing date of the present invention, the ordinary skilled artisan would have found it obvious in view of Havekotte for Jin to make a citrus fruit drink as its fruit drink including one or more bitter compounds selected from the group consisting of limonin, nomilin, naringin, and any combinations thereof in its citrus fruit drink . Both references disclose methods of making fruit drinks comprising a Flavone compound. The ordinary skilled artisan in Jin would have desired to formulate its fruit juices or fruit juice drinks as in Havekotte to include a citrus fruit juice having the claimed bitter compound by adding a flavone as in Jin as evidenced by Prakash to improve the flavor and reduce the bitterness of its citrus fruit drink.
Allowable Subject Matter
Claims 8-9 and 23 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
After a diligent search and review of the record, and even when taken in combination with any other known art reference(s no reference was found that anticipates or renders obvious the claimed method of enhancing a sweet taste, reducing a bitter taste, reducing a sour taste or reducing astringency of an ingestible composition comprising:
adding a flavor-modifying compound selected from the group consisting of: 5,7-dihydroxy-6,8,4'-trimethoxyflavone; 5,7-dihydroxy-6,3',4'-trimethoxyflavone; 5-methoxy-7-hydroxyflavanone; 3,6,7,4'-tetramethoxy-5,3'-dihydroxyflavone; comestibly acceptable salts of the foregoing; and combinations thereof to a coffee, tea, fruit juice or their combination, wherein the ingestible composition in the method comprises one or more bitter compounds selected from the group consisting of limonin, nomilin, naringin, and any combinations thereof as in claim 8; or, the method comprises adding to the ingestible composition the recited flavor-modifying compound wherein the ingestible composition is a citrus fruit juice as in claim 9 or a pomegranate fruit juice as in claim 23.
The closest art of CN105767330 A to Yao et al (Yao) discloses at Abstract on page 1 a health care tea comprising, according to weight parts 16 to 24 parts of shoumee tea, 4 to 8 parts of vanilla seed, Astragalus mongholicus, 5 to 15 parts of liquorice, 5 to 10 parts of chrysanthemum, 5 to 10 parts of honeysuckle, 2 to 8 parts of sweet osmanthus flower, wherein the method comprises including in the tea the vanilla seed which is a source of nevadensin or 5,7-dihydroxy-6,8,4'-trimethoxyflavone (flavone). Further, at Yao discloses at page 5, 4th full paragraph that its tea is a green tea.
Yao does not disclose a method of introducing a flavone to an ingestible composition that comprises one or more bitter compounds selected from the group consisting of limonin, nomilin, naringin, and any combinations thereof as in claim 8; and Yao does not disclose methods wherein the ingestible composition is a citrus fruit juice as in claim 9 or disclose the methods wherein the ingestible composition is a pomegranate fruit juice as in claim 23.
The closest art of KR20190094193 A to Jin et al. (Jin) discloses at Abstract on page 2 a health food comprising a 4′,5,7-trihydroxy-3′,6-dimethoxyflavone (oxyflavone). Further, at Formulation Example 5,3. on page 20, Jin discloses making a fruit juice as its ingestible composition comprising adding an amount of 1 g of the flavone to 1000 ml apple or grape juice. At page 8, 4th full paragraph, Jin discloses tea as an ingestible composition. At Formulation Example 5,1. on pages 19-20 Jin discloses a method of making a fruit juice drink ingestible composition comprising combining 2 g of a plum concentrate, 900 ml of water and 100 g of oligosaccharides by adding thereto 0.1 mg of the flavone. At page 8, 5th full paragraph, Jin discloses that its compositions further comprise sweeteners including stevia extracts and polysaccharides like dextrins, which are oligosaccharides.
Jin does not disclose a method of introducing a flavone to an ingestible composition, wherein the flavone is selected from the group consisting of: 5,7-dihydroxy-6,8,4'-trimethoxyflavone; 5,7-dihydroxy-6,3',4'-trimethoxyflavone; 5-methoxy-7-hydroxyflavanone; 3,6,7,4'-tetramethoxy-5,3'-dihydroxyflavone; comestibly acceptable salts of the foregoing; and combinations thereof to a coffee, tea, fruit juice or their combination. Further, Jin does not disclose introducing the flavones to an ingestible composition that comprises one or more bitter compounds selected from the group consisting of limonin, nomilin, naringin, and any combinations thereof as in claim 8; and, Jin does not disclose the methods wherein the ingestible composition is a citrus fruit juice as in claim 9 that comprises one or more bitter compounds selected from the group consisting of limonin, nomilin, naringin, and any combinations thereof as in claim 8; and Jin does not disclose methods wherein the ingestible composition is a citrus fruit juice as in claim 9 or disclose the methods wherein the ingestible composition is a pomegranate fruit juice as in claim 23.
The closest art of US2022/0211088 A1 to Wu et al. (Wu) at Abstract discloses consumables containing a component that has a bitter or off-taste and methods for improving the taste of the consumable comprising (at [0006]) adding a Scutelleria extract to the ingestible composition in the amount of from 0.05 to 500 ppm (claim 6). At Table 1 on page 2, Wu discloses as its Scutelleria extract Wogonin (5,7-dihydroxy-8-methoxyflavone) and Oroxylin A (5,7-dihydroxy-6-methoxyflavone); and, at [0031] discloses adding the Scutelleria extract to coffee, tea or fruit juice. At Table 3 in Example 2 on page 6, Wu discloses adding Wogonin to a drink of flavored water sweetened with stevia.
Wu does not disclose a method of introducing to an ingestible composition a flavone selected from the group consisting of: 5,7-dihydroxy-6,8,4'-trimethoxyflavone; 4’,5,7-trihydroxy-3’,6′-dimethoxyflavone, 5,7-dihydroxy-6,3',4'-trimethoxyflavone; 5-methoxy-7-hydroxyflavanone; 3,6,7,4'-tetramethoxy-5,3'-dihydroxyflavone; comestibly acceptable salts of the foregoing; and combinations thereof to a coffee, tea, fruit juice or their combination. Further, Wu does not disclose a method of adding the flavones to an ingestible composition that comprises one or more bitter compounds selected from the group consisting of limonin, nomilin, naringin; and any combinations thereof as in claim 8; and Wu does not disclose the methods wherein the ingestible composition is a citrus fruit juice as in claim 9 or disclose the methods wherein the ingestible composition is a pomegranate fruit juice as in claim 23.
The closest art of US2010/0075005 A1 to Roy (Roy) at [0001] discloses beverages and beverage concentrates comprising (at [0004]) a phenypropenoic carbonyl compound first ingredient and monatin; and, at [0005], Roy discloses methods for making an ingestible composition comprising adding the first ingredient to an ingestible composition. Further, at [0017] Roy discloses as the first ingredient flavones of (at Table 5 on page 5) scutellarein (5,6,7,4'- tetrahydroxyflavone), and chrysoeriol (3,4',5,7-tetrahydroxy-3'-methoxyflavone) for (at [0063]) enhancing the sweet taste of the ingestible composition. At [0031], Roy discloses coffee, tea and fruit juice as desirable beverages wherein (at [0033]) the flavone is present in the amount of from 10 to 500 ppm.
Roy does not disclose a method of adding to an ingestible composition a flavone selected from the group consisting of: 5,7-dihydroxy-6,8,4'-trimethoxyflavone; 4’,5,7-trihydroxy-3’,6′-dimethoxyflavone, 5,7-dihydroxy-6,3',4'-trimethoxyflavone; 5-methoxy-7-hydroxyflavanone; 3,6,7,4'-tetramethoxy-5,3'-dihydroxyflavone; comestibly acceptable salts of the foregoing; and combinations thereof to a coffee, tea, fruit juice or their combination. Further, Roy does not disclose adding the flavones to an ingestible composition comprises one or more bitter compounds selected from the group consisting of limonin, nomilin, naringin, and any combinations thereof as in claim 8; and Roy does not disclose the methods wherein the ingestible composition is a citrus fruit juice as in claim 9, or disclose the methods wherein the ingestible composition is a pomegranate fruit juice as in claim 23.
US2018/0263269 A1 to Prakash et al. (Prakash) discloses at Abstract ingestible compositions comprising steviol glycosides including (at [0359]) fruit juice, coffee or tea and juice drinks as well as methods of sweetening them, wherein (at [0069]) the methods of making the ingestible compositions comprise adding flavones that have (at [0070]) a 2-phenylchromen-4-one backbone to enhance the sweetness of the compositions, such as (at [0359]) coffee and tea, and including them (at [0068]) in amounts of from about 5 ppm to about 50 ppm. Further, at Example 5 and [0416] Prakash discloses methods for reducing a bitter taste of a fruit flavored drink by adding the flavones as a flavor modulator.
Prakash does not disclose adding a flavone selected from the group consisting of: 5,7-dihydroxy-6,8,4'-trimethoxyflavone; 4’,5,7-trihydroxy-3’,6′-dimethoxyflavone; 5,7-dihydroxy-6,3',4'-trimethoxyflavone; 5-methoxy-7-hydroxyflavanone; 3,6,7,4'-tetramethoxy-5,3'-dihydroxyflavone; comestibly acceptable salts of the foregoing; and combinations thereof to a coffee, tea, fruit juice or their combination. Further, Prakash does not disclose adding the flavones to an ingestible composition comprises one or more bitter compounds selected from the group consisting of limonin, nomilin, naringin, and any combinations thereof as in claim 8; and Prakash does not disclose the methods wherein the ingestible composition is a citrus fruit juice as in claim 9, or disclose the methods wherein the ingestible composition is a pomegranate fruit juice as in claim 23.
US2009/0175995 A1 to Havekotte et al. (Havekotte) at [0029]-[0030] and [0048] discloses that citrus juice comprises bitter compounds and that orange juice comprises limonin and nomilin. Further, Havekotte at [0049] discloses blending juices or varieties of citrus and orange juice to reduce the bitter flavor of a product to reduce their bitter flavor.
Havekotte does not disclose a method of adding to an ingestible composition a flavone selected from the group consisting of: 5,7-dihydroxy-6,8,4'-trimethoxyflavone; 4’,5,7-trihydroxy-3’,6′-dimethoxyflavone; 5,7-dihydroxy-6,3',4'-trimethoxyflavone; 5-methoxy-7-hydroxyflavanone; 3,6,7,4'-tetramethoxy-5,3'-dihydroxyflavone; comestibly acceptable salts of the foregoing; and combinations thereof to a coffee, tea, fruit juice or their combination. Further, Havekotte does not disclose adding the flavones to an ingestible composition comprises one or more bitter compounds selected from the group consisting of limonin, nomilin, naringin, and any combinations thereof as in claim 8; and, Havekotte does not disclose the methods wherein the ingestible composition is a citrus fruit juice as in claim 9 or disclose the methods wherein the ingestible composition is a pomegranate fruit juice as in claim 23.
Response to Arguments
In view of the amendment dated July 06, 2026, the following rejections have been withdrawn as moot:
The rejections of claims 1, 6 and 12 under 35 U.S.C. 103 as being unpatentable over KR20190094193 A to Jin et al., as evidenced by US2018/0263269 A1 to Prakash et al.; and,
The rejections of claims 8-9 under 35 U.S.C. 103 as being unpatentable over KR20190094193 A to Jin et al. (Jin) in view of US2009/0175995 A1 to Havekotte et al., as evidenced by US2018/0263269 A1 to Prakash et al.
The positions taken with respect to claims 1, 6, 8-9 and 12 with respect to Jai and Jai in view of Prakash, taken alone or in combination with other secondary reference(s) 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.
Regarding the positions taken in the remarks accompanying the amendment dated July 06, 2026 (Reply), the Office has fully considered the positions taken and does not find the positions persuasive for the following reasons:
Regarding the positions taken in the Reply and Jin that Jin does not disclose a coffee or tea, respectfully at page 8, 4th full paragraph, Jin discloses tea as an ingestible composition.
Regarding the positions taken in the Reply and Jin in view of Prakash that Prakash does not identify a flavor-modifying compound or its sweetness enhancer as a flavone, the Office respectfully disagrees. Prakash at [0067] and [0070] clearly discloses that 2-phenylchromen-4-one flavones as exemplified by those disclosed at paragraph [0070], but not limited thereto. The ordinary skilled artisan in Jai would thus desire to include its 4’,5,7-trihydroxy-3’,6′-dimethoxyflavone, a 2-phenylchromen-4-one like that of Prakash to enhance the sweetness of its ingestible compositions as fruit juice or tea.
Regarding the positions taken in the Reply and Jin that Havekotte does not disclose the claimed flavor-modifying compound or any flavone as a flavor-modifying compound, the Office agrees. However, the rejection relies on Havekotte at [0036] and [0048] to disclose the presence of limonin, nomilin or naringin in the fruit juice of Jin as modified by Prakash. Havekotte is properly used in the manner of a dictionary in the regard.
Conclusion
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/ANDREW E MERRIAM/Examiner, Art Unit 1791
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