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 .
DETAILED ACTION
Status of the application
2. Claims 1-20 are pending in this office action.
Claims 1-20 have been rejected.
Claim Rejections - 35 USC § 103
3. 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.
4. 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.
5. Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over NPL Sfoglini Pasta (https://www.sfoglini.com OR https://www.sfoglini.com/products/sporkful
) [From Applicant’s posted ISR , and Written Opinion on 11/10/2023 (Figs 1-3 are on page 5): Three Figs designated as Supplemental figures as presented on page 5 are considered in this office action. These are the collection of the shapes under “Written Opinion of the International Searching Authority which is collected from the figures from website] [Wayback machine date is April 2021; ISR records the prior art date May 9, 2021 and Prov. Application date is May 12, 2021] and further in view of Williams USPN 4406603.
6. It is to be noted that if we consider the website ( https://www.sfoglini.com/products/sporkful
), at the left side of first page, there are few photos of pasta arrows are in two directions (If we consider arrows at two sides of the top photo, if we click, we get photos of pastas on page 1 from which supplemental Figs 1-3 showing enlarged pictures of the pasta form. This is presented on page 5 under “Written Opinion of the International Searching Authority” and is pasted in the second half of page 1 of NPL Sfoglini pasta which prior art is considered to address the claimed invention.
7. Claims 1, 11 and 20 are independent claims. They are addressed in the beginning followed by all dependent claims are addressed.
8. Regarding claim 1, NPL Sfoglini pasta discloses claimed pasta shape (Supplemental Figs 1-3) is available. NPL sfoglini pasta discloses a pasta form (Supplemental Figs 1-3 showing enlarged pictures of the pasta form figures on page 1) comprising:
a. If we consider supplemental figure 2, a middle elongated base strip of the pasta form, as disclosed in Fig 2 of NPL Sfoglini, pasta it meets an elongated base strip of claim 1 (a)
b. If we consider supplemental figure 2, it reads on “a pair of parallel longitudinally extending ruffle fins aligned substantially perpendicular about said strip” as claimed in claim 1 (b).
If we consider supplemental figure 3, it reads on “wherein a substantially right -angle intersection of said ruffle fins about said base strip defines a bite resistance about a plurality of angles” as claimed in claim 1 (b). It would have been obvious that the configuration as indicated in fig 3, (i.e. right angles shape of intersection of ruffle fins about base strip) would have been obvious to resist a bite force from all directions, (Fig 3), and said pasta form adapted to be an extruded pasta (fig 2 shows how the pasta from is extruded, Supplemental Fig 2) and extrusion method makes desired shape of pasta as disclosed by Williams et al. and discussed below.
9. Regarding claim 11, NPL Sfoglini pasta discloses claimed pasta shape (Figs 1-3) is available. NPL sfoglini pasta discloses a pasta form ( Supplemental Figs 1-3 showing enlarged pictures of the pasta form figures on page 1) comprising:
NPL Sfoglini pasta discloses an extruded pasta form (Supplemental Fig 2) comprising:
a. If we consider supplemental figure 2, it shows a pair of opposing ruffle fins (fig 2 shows pair of opposing ruffles, Supplemental Fig 2);
b. If we consider supplemental figure 2, it shows a substantially half tube (fig 2 shows Bucatini half tube recessed about an elongated strip, Supplemental Fig 2); and
c. If we consider supplemental figure 2, it shows an elongated strip having an upper surface aligned between said half tube and said ruffle fins (fig 2 shows middle elongated base strip of the pasta form with an upper surface aligned between the half tube and ruffles, Supplemental Fig 2).
10. Regarding claim 20, NPL Sfoglini pasta discloses claimed pasta shape (Figs 1-3) is available. NPL sfoglini pasta discloses a pasta shape comprising:
a. If we consider a middle elongated base strip of the pasta form, as disclosed in Fig 2 of NPL Sfoglini pasta it meets an elongated base strip of claim 20 a.
b. If we consider supplemental figure 2, it shows a half tube recessed within said elongated base strip (e.g. Bucatini half tube recessed about the elongated strip, Supplemental Fig 2) and comprising a continuous internal longitudinal cavity (e.g. a continuous internal longitudinal cavity of the half-tube, Supplemental Fig 2); and
If we consider supplemental figure 3, it shows a pair of opposing longitudinally extending elements offset from an outer edge of said elongated base strip and said half tube (e.g. pair of opposing longitudinally extending ruffles offset from an outer edge of the base strip and half tube, Supplemental Fig 2).
If we consider supplemental figure 3, NPL Sfoglini pasta also discloses wherein at least two of said elongated base strip, half tube, and longitudinally extending elements perpendicularly intersect (e.g. how the base strip and ruffles intersect at a right angle, Supplemental Fig 3).
11. Regarding independent claims 1, 11, 20, it is to be noted that according to MPEP 2144.03 (A-E), [COMMON KNOWLEDGE IN THE ART], it is to be noted that NPL Sfoglini Pasta discloses the claimed shape (Figs 1-3) as discussed above.
(Additionally), it is also to be noted that the desired different types of pasta shape can also be made by extrusion method which can be optimized by is also optimizable. Examiner used secondary prior art by Williams (at least in col 3 lines 40-52) to address it. Williams (at least in col 3 lines 40-52) also discloses that the extrusion method is also optimizable to make the desired shape of pasta and discussed below.
It would also have been obvious to one having ordinary skill in the art at the time the invention was made to consider the teachings of Williams (at least in col 3 lines 40-52) since it was known in the art that the size and the shape of the extruded food items including pasta will depend on the size and the shape of the orifices in the extrusion die through which the pasta mixture, dough or alimentary paste is forced by pressurization produced in a pressure chamber adjacent to the extrusion die. These elongated strand-like shapes may include flat ribbon shapes characteristic of noodles, round solid shapes characteristic of spaghetti, combination of round and flat shapes, such as linguini, very thin round shapes characteristic of vermicelli, hollow elongated shapes, characteristic of macaroni, ribbon shapes, strings, strands, etc.
One of ordinary skill in the art before the effective filling date of the claimed invention would have been motivated to combine NPL Sfoglini pasta with the teaching of Williams (at least in col 3 lines 40-52) to include the extrusion method using appropriate die size and the shape of the orifices in the extrusion die to make the desired shape (e.g. elongated base strip, longitudinal etc. and textural variation based on the shape and design) of pasta by adjusting the shape of the orifices in the extrusion die through which the pasta of desired shape can be made.
The shape of pasta is also optimizable and is applicable for independent claims 1, 11, 20 and also for other dependent claims 2-10, 12-19.
Absent showing of unexpected results, the specific amount of shape, textural variation etc. is not considered to confer patentability to the claims. As the shape of pasta, textural attributes etc. are variables that can be modified, among others, by adjusting the shape of the orifices etc. in the extruder die plate, which will determine the desired shape of pasta based on the size and the shape of the orifices in the extrusion die through which the pasta is made, the precise amount would have been considered a result effective variable by one having ordinary skill in the art at the time the invention was made. As such, without showing unexpected results, the claimed amount cannot be considered critical. Accordingly, one of ordinary skill in the art at the time the invention was made would have optimized, by routine experimentation, the desired shape of pasta in NPL Sfoglini pasta to amounts, including that presently claimed, in order to obtain the desired effect e.g. desired shape, textural variation which depends on the type of surface (rough or smooth) etc. of pasta. (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223).
12. Regarding claim 2, NPL Sfoglini pasta discloses the device of claim 1, including a half tube recessed about said elongated base strip (fig 2 shows Bucatini half tube recessed about the elongated strip, Supplemental Fig 2).
13. Regarding claim 3, NPL Sfoglini pasta discloses the device of Claim 2, wherein said elongated base strip comprises at least a portion of a substantially flat upper surface (fig 2 shows substantially flat upper surface of the strip, Supplemental Fig 2).
14. Regarding claim 4, NPL Sfoglini pasta discloses the device of Claim 3, wherein said elongated base strip comprises a substantially flat bottom surface (fig 3 shows a substantially flat bottom surface of the strip, Supplemental Fig 3).
15. Regarding claim 5, NPL Sfoglini pasta discloses the device of Claim 1, wherein said pair of parallel longitudinally extending ruffle fins oppose one another (e.g. fig 2 shows how the ruffles oppose one another, Supplemental Fig 2).
16. Regarding claim 6, NPL Sfoglini pasta discloses the device of Claim 1, wherein said pair of parallel longitudinally extending ruffle fins extend substantially along a length of said elongated base strip (fig 3 shows how the ruffles extend substantially along a length of the strip, Supplemental Fig 3).
17. Regarding claim 7, NPL Sfoglini pasta discloses the device of Claim 1, wherein said elongated base strip includes a ledge opposite at least one longitudinally extending ruffle fin (e.g. fig 2 shows a ledge opposite at least one ruffle forming a sauce trough, Fig 2).
18. Regarding claim 8, NPL Sfoglini pasta discloses the device of Claim 7, wherein said elongated base strip includes two ledges opposite said pair of respective longitudinally extending ruffle fins (fig 3 shows left and right ledge opposite left and right ruffle, Supplemental Fig 3) having a distal surface (fig 3 shows a right distal surface, supplemental Fig 3) and proximate surface (fig 3 shows left proximate surface, supplemental Fig 3), and wherein said proximate surface spaced apart from said distal surface defining at least one sauce trough (figs 2-3 shows how the pair of ledge surfaces define a sauce trough, Supplemental Figs 2-3).
19. Regarding claim 9, NPL Sfoglini pasta discloses the device of Claim 1, including a tube recessed about said elongated base strip (fig 2 shows Bucatini half tube recessed about the elongated strip, Supplemental Fig 2).
20. Regarding claim 10, NPL Sfoglini pasta discloses the device of Claim 9, wherein said tube comprising a continuous internal longitudinal cavity (fig 2 shows a continuous internal longitudinal cavity of the half-tube, Supplemental Fig 2).
21. Regarding claim 12, NPL Sfoglini discloses the extruded pasta of Claim 11, wherein said opposing ruffle fins and said half tube define a sauce trough (fig 2 shows how the opposing ruffles and half tube define a sauce trough, Supplemental Fig 2).
22. Regarding claim 13, NPL Sfoglini pasta discloses the extruded pasta of Claim 11, wherein said upper surface comprises at least a portion of a substantially flat upper surface (fig 2 shows a substantially flat upper surface of the strip. Supplemental Fig 2) and a substantially flat bottom surface substantially parallel about said upper surface (fig 3 shows substantially flat bottom surface of the strip, Supplemental Fig 3).
23. Regarding claim 14, NPL Sfoglini pasta discloses the extruded pasta of Claim 11, wherein said ruffle fins having a concave portion (fig 2 shows how the ruffles are wave-like with a concave portion, Supplemental Fig 2).
24. Regarding claim 15, NPL Sfoglini pasta discloses the extruded pasta of Claim 11, wherein said ruffle fins having a convex portion (fig 2 shows how the ruffles are wave-like with a convex portion, Supplemental Fig 2).
25. Regarding claim 16, NPL Sfoglini pasta discloses the extruded pasta of Claim 11, wherein said pair of ruffle fins extend substantially greater than a length of said elongated base strip (fig 2 shows how the left/front end of the ruffles extend greater than a length of the strip, Supplemental Fig 2).
26. Regarding claim 17, NPL Sfoglini pasta discloses the extruded pasta of Claim 11, wherein said ruffle fins include a height greater than a height of said elongated base strip (fig 3 shows how the ruffles include a height greater than a height of the strip, Supplemental Fig 3).
27. Regarding claim 18, NPL Sfoglini pasta discloses the extruded pasta of Claim 11, including a partial tube recessed about said elongated base strip (fig 2 shows how the Bucatini half tube is recessed about an elongated strip, Supplemental Fig 2).
28. Regarding claim 19, claim 19 depends on claim 11. NPL Sfoglini pasta discloses the extruded pasta shape of Claim 11, and , therefore, it would have obvious property including a textural variation at said elongated base strip distinct from a textural variation at said ruffle fins (fig 2 shows bronze die extrusion creating a rougher surface distinct from a textural variation of the ruffles, Supplemental Fig 2). It would have been obvious that the disclosed shape is identical to the claimed shape and therefore, will have identical claimed property including “a textural variation at said elongated base strip distinct from a textural variation at said ruffle fins” as claimed in claim 19.
Conclusion
29. Any inquiry concerning the communication or earlier communications from the examiner should be directed to Bhaskar Mukhopadhyay whose telephone number is (571)-270-1139.
If attempts to reach the examiner by telephone are unsuccessful, examiner’s supervisor Erik Kashnikow, can be reached on 571-270-3475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BHASKAR MUKHOPADHYAY/
Examiner, Art Unit 1792