DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The Amendment and Remarks filed November 4, 2025 have been entered. Claims 1-17 are pending.
The objection to the disclosure is withdrawn in light of Applicants amendment filed November 4, 2025.
The previous rejection of claim 1 on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/274,907 and claim 11 of copending Application No 18/714,190 is withdrawn in light of Applicant’s amendment filed November 4, 2025.
Upon further consideration of the amendment and the prior art, Kweldam (NL 1008364 -WIPO translation), the indication of allowable subject matter related to claim 11 has been withdrawn. This action is non-final.
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 1-17 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.
Regarding claim 1, the recitation of step (iii) “bringing the particles into contact with an aqueous solution of calcium salt to achieve a hardening of the particle, where step (iii) is carried out simultaneously with step (ii) or after step (ii)” renders the claim indefinite. Given step (ii) is limited to “passing the malleable mass through a grid or a perforated plant into the aqueous solution of the calcium slat” or “comminuting the malleable mass in the presence of the aqueous solution of the calcium salt” it is not clear how step (iii) could be carried out after step (ii).
Claim Rejections-35 U.S.C. §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.
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- 5, 9 and 11- 17 are rejected under 35 U.S.C. 103 as being unpatentable over Kweldam (NL 1008364 – WIPO Machine Translation)
Regarding claims 1, 2, 5, 11, 14, 16 and 17, Kweldam discloses a method of preparing an artificial meat product (i.e., vegan product from non-animal protein) comprising the steps of: (a) preparing a mixture comprising 0.1 to 20% by weight non-animal protein, 0.1 to 5 wt% vegetable thickener; 1 to 10 wt% vegetable fat or vegetable oil and water (i.e., a malleable mass); (b) intensively stirring the mixture at a temperature of 40° to 90°C to form an emulsion (i.e., comminuting the mass into particles); (c) adding a calcium salt solution to form a fibrous product (i.e., achieve hardening of the particles-Example 1). Kweldam discloses the calcium salt solution is added while stirring for a certain period of time at a certain stirring speed (i.e., comminuting the malleable mass in the presence of the aqueous solution of salt - Example 1). Kweldam discloses that by modifying the speed the size of the fibers can be regulated (Example 1).
While Kweldam does not disclose the precisely claimed ranges of protein, thickener and vegetable fat, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP §2144.05 I).
Kweldam discloses the non-animal protein is a vegetable protein or a mixture of vegetable protein.
Kweldam discloses the vegetable thickener is a polysaccharide wherein the polysaccharide is alginate, carrageenan, guar gum pectin, xanthan gum and/or locust bean gum.
Regarding claim 3, Kweldam discloses all of the claim limitations as set forth above. Kweldam discloses wherein the mass percentage amounts of the components A, B and C is such that the equation, i.e., X = aA +bB +cC, is fulfilled as claimed. For example, when a=5 and the amount of A, the protein content is 10% by weight; b=10 and the amount of B, the vegetable thickener is 5% by weight, c=10 and the amount of C, the polysaccharide is zero, X=100.
Regarding claim 4, Kweldam discloses all of the claim limitations as set forth above. Khwedam discloses embodiments where the mass ratio of A:B falls within the claimed ranges. For example, when the amount of A, the protein content is 10% by weight; and the amount of B, the vegetable thickener is 5% by weight the ratio of A:B is 2:1. Given component C is optional, the limitations with regards to the ratio of A:C and B:C are satisfied.
Regarding claim 9, Kweldam discloses all of the claim limitations as set forth above. Kweldam discloses wherein the non-animal protein is from soy (i.e., 100% by weight of component A).
Regarding claim 12, Kweldam discloses all of the claim limitations as set forth above. Kweldam discloses the concentration of the calcium salt in the aqueous salt solution is 0.1 to 5% by weight (i.e., about .04 to about 1.8 % calcium in the aqueous salt solution where the molar mass of Ca is about 40.08 g/mol and the molar mass of CaCl2 is about 110.98 g/mol).
Regarding claim 13, Kweldam discloses all of the claim limitations as set forth above. While Kweldam discloses adding a calcium salt, i.e., calcium chloride, to the emulsion, the reference is silent with respect to ratio of calcium salt solution to the malleable mass. One of ordinary skill in the art at the effective filing date of the present application would have chosen a ratio to get effective mixing and interaction of calcium with the components of the malleable mass and achieve the desired fiber structure.
Regarding claim 15, Kweldam discloses a process of making a sausage by processing the artificial meat product of claim 1 into a sausage form. Kweldam disclose an artificial meat product that comprises all ingredients which would qualify the product as vegan (i.e., animal protein, vegetable thickener, vegetable fat, calcium chloride and water).
Claim 6-8 is rejected under 35 U.S.C. 103 as being unpatentable over Kweldam (NL 1008364-WIPO Machine Translation) as applied to claim 1, and further in view of Rose et al. (US 2015/0351427).
Regarding claim 6, Kweldam discloses all of the claim limitations as set forth above. While Kweldam disclose an artificial meat product with 0.1 to 5 wt% vegetable thickener, the reference is silent with respect to methylcellulose.
Rose et al. teach a method of making a meat substitute product comprising the steps of (a) shearing/stirring a mixture of water, vegetable fat/oil, protein, sodium alginate, and methylcellulose to produce a stable emulsion; (b) while stirring adding a solution of water, calcium chloride and micellar casein to the emulsion to form fibers ; and (c) pressing out or centrifuging out the water (Abstract, [0030]-[0035]). Rose et al. teach that an increase in hydrocolloids, preferably methylcellulose in the emulsion increases the yield and give softer fibers, similar to chicken and fish ([0025], [0041]). Rose et al. teach that by adding methylcellulose to the emulsion, there is better control of the fiber structure ([0039]).
Kweldam and Rose et al. are combinable because they are concerned with the same field of endeavor, namely, artificial meat products. It would have been obvious to one of ordinary skill in the art to have added methylcellulose, as taught by Rose et al., as part of the vegetable thickeners, e.g., alginate, in the emulsion composition of Kweldam to obtain fibers with softer texture and useful to mimic the soft texture of chicken or fish.
Given Rose et al. teach that by increasing the amount of methylcellulose in a meat substitute product a softer texture is obtained, one of ordinary skill in the art would have adjusted the amount of methylcellulose in the emulsion of Kweldam to obtain a desired texture.
Regarding claims 7 and 8, modified Kweldam discloses all of the claim limitations as set forth above. While Rose et al. teach the use of methylcellulose, the reference is silent with respect to pre-hydrated or aqueous gel forms. Absent evidence to the contrary, since Rose et al. teach methylcellulose generally, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the present application, to have used any form of methylcellulose including pre-hydrated or an aqueous gel form, and arrive at the present invention.
Allowable Subject Matter
Claim 11 is 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.
Response to Arguments
Applicant’s arguments, see Remarks, filed November 4, 2025, with respect to the rejection of claims 1- 5, 9 and 11- 17 under 35 U.S.C. 103 as being unpatentable over Kweldam (NL 1008364 – WIPO Machine Translation) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of Kweldam (NL 1008364-WIPO Machine Translation).
Conclusion
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ELIZABETH A. GWARTNEY
Primary Examiner
Art Unit 1759
/ELIZABETH GWARTNEY/Primary Examiner, Art Unit 1759