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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/29/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-8 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
The claims are directed to a frozen shumai (understood to be a type of Chinese meat dumpling) and a method for improving the deterioration of texture of a frozen shumai. Claim 1 is to the frozen shumai product and claim 5 is to a method for improving deterioration of texture of a frozen shumai. In claim 1, the frozen product is limited by the water content of part of the wrapper that is not in contact with the filling which is obtained by heating it in a microwave. In other words, the claimed frozen product is limited by how much water content is in the wrapper after the frozen product has been microwaved until a core temperature of the shumai reaches 50-90C. The claims are also interpreted as limited by a definition in the specification on page 6 which states:
PNG
media_image1.png
140
640
media_image1.png
Greyscale
The claim lacks structural limitations of the frozen shumai product other than having a filling and a wrapper, and as amended the wrapper may not contain fat, oil or hydroxypropyl starch. Further, the method contains only a step of heating and setting a final water content after heating and the definition in the specification cited above limits the step of microwave heating as being without spraying water on the surface of the frozen shumai or covering the frozen shumai with a food wrap. Here, the frozen shumai wrapper is claimed not by what it is structurally, but by what it isn’t. Likewise, the method recites only the step of microwave heating and the final water content and steps that cannot be taken to improve the deterioration of the texture of the frozen shumai rather than positively reciting any steps that are taken to improve deterioration of texture.
The claims have been interpreted such that the frozen shumai product of claim 1 is capable of having the cited water content (WA) of the wrapper after heating the frozen shumai in a microwave oven until a core temperature of the shumai reaches 50-90C. Claim 4 has been treated similarly with the exception of the positive recitation of microwave heating and the final water content after heating.
The specification is required to describe the invention in such terms that one skilled in the art can make and use the claimed invention is to ensure that the invention is communicated to the interested public in a meaningful way. The information contained in the disclosure of an application must be sufficient to inform those skilled in the relevant art how to both make and use the claimed invention (MPEP 2164). The specification may require a reasonable amount of experimentation to make and use the invention and what is reasonable will depend on the nature of the invention and the underlying art. For example, "it may suffice to give an example (or a few examples) if the specification also discloses some general quality . . . running through the class that gives it a peculiar fitness for the particular purpose" and "disclosing that general quality may reliably enable a person skilled in the art to make and use all of what is claimed, not merely a subset." Id. at 611 (internal quotations omitted) (MPEP 2164.01). An analysis of enablement of the disclosure follows.
The breadth of the claims: The claims to the product and method are limited structurally to a frozen shumai comprising a filling and wrapper and the negative limitation of what is excluded from the wrapper (fat, oil, and hydroxypropyl starch). The steps or structure that provides the capability of the frozen shumai to provide the water content in the wrapper after microwaving is not claimed. Thus, any shumai that is capable of being frozen and capable of providing the water content is encompassed by the claim. There are no limitations on how the water content after microwaving is met and no method step directed to improving the deterioration of the texture of the frozen shumai. Thus, the claims are broadly drawn to any means or method by which a shumai can have the claimed water content in the wrapper after microwaving to reach a temperature of 50-90C.
The nature of the invention, and state of the prior art: As reflected in the instant specification and references of record, the problem of texture when heating frozen shumai is known and several references are directed to trying to solve this problem including those cited in the disclosure such as providing a grain flour having a large number of starch particles and a gap to enable formation of highly uniform dispersion structure of water molecules in food tissue, a technique for providing seal-packaged frozen dim sum (shumai) where the wrapper contains grain powder and saccharides, as well as spraying water on the frozen shumai, and covering the frozen shumai with a food wrap film prior to heating (see pages 1-2 of the instant specification). Also, references disclose ingredients in the wrapper dough that retain moisture such as oil and fat (Dobrich) and hydroxypropylated starch (Ohama). These structures and methods address the problem of providing good texture. Applicant cites the specific problem of the texture of the shumai wrapper that is not in contact with the filling which is sometimes referred to as the “ear” of the wrapper.
The level of ordinary skill in the art is evidenced by the references in the record and shows different means and methods which the ordinary artisan would look to in order to solve the problem, such as the grains of the material used to make the wrapper, spraying with water, and covering with a food wrap.
The level of predictability in the art is reasonably predictable. The means and methods by which the problem has been addressed in the art have yielded predictable results, such as reducing water loss upon heating by covering the frozen shumai with a food wrap film or increasing water retention by using oil and fat (Dobrich) and hydroxypropylated starch (Ohama) or spraying the frozen shumai with water prior to heating.
Amount of direction provided by the inventor, existence of working examples and quantity of experimentation needed to make or use the invention based on the content of the disclosure (these factors will be discussed together):
The amount of direction provided by the inventor and the examples provided are not seen to provide enough information to one of ordinary skill in the art to make and use the invention without undue experimentation. The instant specification lists several very different factors that contribute to the claimed WA and WA/WB but few actual details are disclosed such that one of ordinary skill could make or use the claimed product and method without undue experimentation.
The list of criteria that are disclosed as having an effect on the texture of the wrapper include: 1) material of the wrapper including water content; 2) the amount of additives that have the property of retaining moisture; 3) the shape of the shumai wrapper on the top part and/or the side part of the shumai; 4) a method of wrapping the filling; 5) steaming conditions and the like (see page 11). Applicant goes on to state that the WA and ratio of WA/WB may be regulated by 6) adjusting the amount of water added when preparing the shumai wrapper and 7) the acceleration of hardening via formation of gluten by salts and wheat proteins contained in the shumai wrapper (page 12). Each of these criteria will be discussed as to the guidance and examples as follows.
The material of the wrapper and water amount added when preparing the wrapper: The claims and specification do not limit the wrapper material and the disclosure only list possible ingredients, three of which are now excluded. The specification acknowledges that the wrapper may be available commercially but does not disclose any ingredients or additives. Pages 8-9 of the instant specification state:
PNG
media_image2.png
546
616
media_image2.png
Greyscale
PNG
media_image3.png
164
632
media_image3.png
Greyscale
Above, the materials precluded by the negative limitations have been struck.
The specification discloses a list of materials that may be included in the wrapper and has precluded three of them and further notes that salts and wheat protein may also have an effect. However, no information regarding any ingredient used by applicant in the wrapper of the invention is found in the record. Thus, one of ordinary skill must experiment with all of the materials listed and other materials that may be known to the ordinary artisan to form the wrapper. Further, possible additives are listed, and no guidance has been given other than the list itself. The claims exclude three ingredients to get around art but no information is given regarding the tested wrappers. The specification states that the shumai wrapper can be found commercially (page 9) but does not disclose such a wrapper. The sole limitation given regarding the ingredients of the wrapper is the water content before heating which can be 37-70wt% (page 11). The examples describe no ingredients of the wrapper themselves and only gives the amount of water in the frozen shumai wrapper prior to heating.
The amount/s of additives that have the property of retaining moisture: Applicant lists “fat and oil, starch, processed starch, carbohydrates such as xylose, trehalose, reduced starch syrup and the like” from which “fat and oil” have been precluded from the possible additives. The specification does not disclose any amounts of these additives that can be used, thus one of ordinary skill has been given no guidance other than a list of additives that may be used and the artisan must experiment not only with the basic ingredients, but the type of additive and their amounts. The examples describe no additives much less any amounts.
The shape of the shumai wrapper on the top part and/or the side part of the shumai: The specification does not describe any shape of the top part and/or side part. The only references to shape found in the specification is the recitation of molding into a cylindrical shape “or the like” and that generally employed shapes (e.g. “cylindrical, spherical, ellipse spherical, etc.”) (page 9). The specification further notes that the ratio of the weight of the shumai wrapper to the total weight of shumai has little effect but that the shape of the top part and/or the side part of the shumai wrapper may affect WA and the ratio of WA/WB (page 9). However, there is no disclosure found directed to any details of the shape of the top part and/or side part of the wrapper and the examples make no reference to such a feature. Thus, no guidance is given specific to the top part and/or side part of the shumai and no examples address the formation of any shape that is directed to these sections of the wrapper.
Method of wrapping the filling: No details regarding the method of wrapping the filling are found in the instant specification other than forming a cylindrical shape in the examples or other shape as noted above. Thus, no guidance is given, and no examples are found regarding a method of wrapping the filling.
Steam conditions: The specification states that in the examples the filling is wrapped, shaped into a cylindrical shape, followed by steaming, then freezing and storing at -18C (page 13). No details regarding the steaming conditions are found in the disclosure. Thus, no guidance is given, and no examples are found regarding steam conditions.
Adjusting the amount of water added when preparing the shumai wrapper:
The instant specification does disclose a range of the water content of the part of the wrapper not in contact with the filling. As seed in Table 1, the amount of water can vary from 39.27-56.56wt% and on page 11 is stated as 37-70wt%, preferably 39-57wt%.
The acceleration of hardening via formation of gluten by salts and wheat proteins contained in the shumai wrapper:
This criterion is linked to 1) and further indicates more experimentation with proteins and salts as well as conditions that affect formation of gluten. None of which is discussed in the specification; thus no guidance is given.
Parameters that are disclosed as not being particularly limited but also require experimentation include the following:
Microwave conditions:
The instant specification states that the conditions for heating in a microwave oven are not particularly linked as long as they are generally used for cooking frozen foods and can heat shumai to a core temperature of 50-90C and gives an example of 500-1400W for about 30 seconds to 60 minutes. The examples do not state the conditions of microwaving, thus requiring the ordinary artisan to experiment with another parameter. Moreover, the core temperature is a wide range of 50-90C. The time and wattage of microwaving can widely vary, and the temperature may vary as well. Indeed, Example 1 gives a range of the temperature reached as 64-88C giving a 24-degree variation. This variability compares to a moving target amongst all the other moving targets addressed above which leads to undue experimentation on the part of the ordinary artisan.
Data in Table 1 referring to shumai weight, size, thickness of wrapper, type of filling, and weight ratio of the wrapper to the total weight:
The specification expressly states that the results shown in Table 1 suggest that the influence of the size of frozen shumai, thickness of shumai wrapper, and ratio of the weight of shumai wrapper to the total weight of shumai on the texture of the shumai after heating in the microwave is small. The specification does not address these parameters as having any effect on the WA and WA/WB, but even assuming they are taken as guidance, the other criteria addressed above are not disclosed.
In sum, the instant specification states that several criteria affect the WA and WA/WB but as explained above, little to no guidance is given for each of these criteria. The parameters provided in Table 1, other than WB, are disclosed as having a small influence on the texture of the wrapper. This suggests that the parameters (data) that is given is not critical to the frozen shumai product or method of improving deterioration of texture of the frozen shumai and none of these parameters are linked to the expressly listed criteria of material of the wrapper including water content; the amount of additives that have the property of retaining moisture; the shape of the shumai wrapper on the top part and/or the side part of the shumai; a method of wrapping the filling; steaming conditions, and acceleration of hardening by gluten addressed above.
The specification enumerates several widely varied criteria but the sole detail given that is linked to the WA and WA/WB is the content of water of the frozen wrapper. None of the other criteria are further addressed in any detail, thereby leaving the determination thereof entirely in the hands of the ordinary artisan with no guidance as to where to begin other than water content of the wrapper. Experimentation is widely cast to encompass determining all ingredients of the wrapper, additives and their amounts and whether to even add them or not or in any particular combination, experimentation on different shapes of the top part and/or side part, exploring different methods of wrapping the filling, exploring gluten formation, and finally experimentation with steaming as well as any other criteria that may be deemed to affect the water content of the wrapper of the frozen shumai such as the wattage and time of microwaving to reach the claimed temperature range. The lack of any guidance on all of these criteria that are specifically named as having an effect on the claimed feature of improving deterioration of texture and the WA of the wrapper after the claimed heating, would require undue experimentation on the part of the ordinary artisan to determine what criteria or combination of the criteria given by the disclosure to make and use the claimed invention.
Further regarding the method of claim 5, the two method steps recited in the method for improving deterioration of texture of the frozen shumai is the step of heating and “setting” the WA to 39-55wt%. Neither the heating step nor the “setting” step of claim 5 contribute to the improved deterioration of texture as disclosed. The criteria cited in the instant specification are discussed above and the “setting” is merely the result of heating and the microwave heating is the action which causes deterioration and which the method seeks to prevent. No means or steps stated in the specification such as amount of water in the wrapper during preparation thereof, the amount of additives that have the property of retaining moisture, the shape of the top part and/or side part of the shumai, the method of wrapping the filling, steaming conditions, gluten formation are claimed as part of the method and are not clearly described in the specification such that the method of improving deterioration of texture is enabled.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 3, 4, 7 and 9 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The instant specification states the following on page 6:
PNG
media_image1.png
140
640
media_image1.png
Greyscale
This statement is interpreted as a definition of “heating as it is in a microwave oven” as recited in claims 1 and 5, each of which state “heating the shumai as it is in a microwave oven”. The definition precludes the treatment or operation of spraying water on the surface thereof (the frozen shumai) or covering the frozen shumai with a food wrap film. However, claims 3, and 4 further state “heating as it is in a microwave oven without spraying water on a surface of the frozen shumai or covering the frozen shumai with a food wrap”. Claims 7 and 8 further state “the heating in the microwave oven is performed without spraying water on a surface of the frozen shumai or covering the frozen shumai with a food wrap”. Based upon the definition provided in the specification, claims 1 and 5 are interpreted such that heating the frozen shumai in the microwave oven is performed without spraying water on a surface of the frozen shumai or covering the frozen shumai with a food wrap”. Thus, claims 3, 4, 7, and 8 are not seen to further limit claims 1 and 5.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claims 1-4 are rejected under 35 U.S.C. 103 as obvious over JP 2006/333793 (Kaneko).
Kaneko discloses making a skin of Chinese meat dumplings (title) and gives an example of gyoza. While Kaneko does not expressly state “shumai”, it is understood that “dumpling” refers to the dumpling variety having a tender skin texture. The instant specification states that shumai is a Chinese steamed dumpling [0002]. Thus, it is understood that the teaching of Kaneko encompasses shumai as a Chinese steamed dumpling. Alternatively, one of ordinary skill in the art at the time of the invention would have found it obvious to make a shumai dumpling based upon the disclosure in Kaneko of using the skin for making meat dumplings as shumai is known as a steamed Chinese dumpling and one of ordinary skill would have a reasonable expectation of making a shumai meat dumpling using the meat dumpling skin of Kaneko for the same purpose.
Kaneko discloses that conventional dumpling skins have a water content of 40% at most and that as a countermeasure, the moisture content for meat dumpling skins (gyoza) may be increased and when it reached 50%, the skin is extremely soft [0003]. Kaneko discloses making a dumpling skin by kneading flour and water where the water is present at about 50wt% and also refers to “nearly 50% moisture content”. Cool water is used to maintain the shape so that the kneaded flour is easy to handle even if the water content is large [0010]. Kaneko does not disclose the presence of any fat, oil, or hydroxypropyl starch in the skin. Kaneko discloses a water content of about or nearly 50wt%. As explained above, it would have been obvious to use the meat dumpling skin of Kaneko to make shumai which is a Chinese meat dumpling. Shumai and gyoza dumplings inherently have parts of the skin or wrapper that are not in contact with the filling. Using the skin of Kaneko having a water content of 50wt% would inherently provide a skin with 50wt% water in the part of the skin that is not in contact with the meat filling (referred to as the “ears”). Regarding the limitation of the shumai as frozen, Official Notice is taken that freezing food items is a well-known practice to save foods for later consumption, and it would have been obvious to one of ordinary skill to freeze the meat dumplings of Kaneko for use at a later time.
Regarding the limitation of the water content after heating the shumai in a microwave, the skin of the frozen meat dumpling product of Kaneko possesses the water content that applicant describes as required as explained in [0026] which states that the WB (water before heating by microwave) is preferably set to 37-70wt%, with the most preferable range of 39-57wt%. Applicant states that the WA and ratio of WA/WB may be affected by the amount of water added when preparing the shumai wrapper, the amount of additives that have the property of retaining moisture, the shape of the shumai wrapper on the top part and/or the side part of the shumai, a method of wrapping the filling, steaming conditions and the like [0027]. The claims were amended to preclude the presence of fat, oil and hydroxypropyl starch which are listed in [0027] as additives that have the property of retaining moisture. As stated above Kaneko does not disclose fat, oil or hydroxypropyl starch thus, the negative limitations of claim 1 are met. However, the instant specification fails to disclose what materials the wrapper does contain. The instant specification also does not disclose any specifics regarding the shape of the shumai wrapper on the top part or the side part and only discloses that the shumai is “cylindrical” [0030]. Shumai is understood to be cylindrical as to its general shape and no details regarding the method of wrapping or the top part or side part are found in the instant specification. The instant specification does state that a commercially available shumai wrapper that fulfills such water content and water content ratio may be used which suggests that the wrapper itself is available commercially [0018] but such a commercially available wrapper is not disclosed. The instant specification states that the ratio of the weight of shumai wrapper to the total weight of shumai has little effect, however the shape of shumai wrapper in the top part and/or the side part of the shumai, the method of wrapping the filling and the like may affect the ratio of WA/WB [0019]. Here, absent any specific disclosure as to the shape of the shumai top part and/or side part, the basic cylindrical structure of shumai is understood to be disclosed and as explained above, is obviated by Kaneko. Regarding the method of wrapping, no details are given in the instant specification. The instant specification does disclose steaming the shumai and that this steaming may affect WB. However, the steaming is disclosed as optional [0020]. Regarding freezing, as stated above, freezing is well known and considered obvious. The specification discloses that general freezing can be employed or quick freezing but there are no apparent requirements for specific freezing to provide the required WA or WA/WB. In sum, the only clear structural requirement that appears to be necessary to the claimed product such that it is capable of providing the claimed water content after microwaving to a core temperature of 50-90C is the water content in the skin. As explained above, Kaneko discloses the skin has a water content of about or nearly 50wt%, thus forming a shumai with the skin of Kaneko and freezing said skin is seen to provide a product that is capable of such performance.
Claims 1-4 are rejected under 35 U.S.C. 103 as obvious over JP 2012/044955 (Arai).
Arai discloses skin for wrapping a filling such as for shumai (Example 2). The skin dough comprises flour, water, salt, and a substance having ice crystallization inhibiting activity [0013], and does not require fat, oil, or hydroxypropyl starch. The amount of water in the wrapping skin dough is preferably 30-70 parts by weight with respect to 100 parts by weight of flour, which converts to 41.2wt% water content [0024]. Arai discloses that the food may be frozen and are heated in a microwave at 1200 Watts for 40 seconds (see examples) which is similar to the microwaving at 500W to 1400W for about 30 seconds to 6 minutes [see instant application 0011]. The thickness of the skin in the examples is 0.6mm as compared to applicant’s examples of 0.45-1mm. In sum, Arai discloses shumai made with a wrapper that comprises up to 41.2wt% water that is subsequently frozen. The frozen shumai is then subject to steaming and baking prior to freezing. The instant specification states that the shumai can be steamed using a steamer and the conditions may affect WB and the shumai is cooled and then frozen [0020]. Here, Arai is seen to disclose a water content in the skin of up to 41.2wt% and applicant states that the amount of water in the shumai wrapper can regulate WA and the ratio of WA/WB. Arai discloses a relatively high water content of 41.2wt% and steaming the shumai in a manner similar to that disclosed by applicant. Arai discloses freezing the shumai followed by microwaving prior to consumption. Based upon the high water content of the shumai wrapper, a thickness commensurate with applicant’s examples, steaming the wrapper which would further provide moisture to the skin, followed by freezing which is also the same as applicant, and still further discloses that the texture is improved after freezing, one of ordinary skill would have found it obvious to optimize the water content such that the skin is not hard after heating.
The claims were amended to preclude the presence of fat, oil and hydroxypropyl starch which are listed in [0027] as additives that have the property of retaining moisture. As stated above Arai does not disclose fat, oil or hydroxypropyl starch thus, the negative limitations of claim 1 are met. However, the instant specification fails to disclose what materials the wrapper does contain. The instant specification also does not disclose any specifics regarding the shape of the shumai wrapper on the top part or the side part and only discloses that the shumai is “cylindrical” [0030]. Shumai is understood to be cylindrical as to its general shape and no details regarding the method of wrapping or the top part or side part are found in the instant specification. The instant specification does state that a commercially available shumai wrapper that fulfills such water content and water content ratio may be used which suggests that the wrapper itself is available commercially [0018] but such a commercially available wrapper is not disclosed. The instant specification states that the ratio of the weight of shumai wrapper to the total weight of shumai has little effect, however the shape of shumai wrapper in the top part and/or the side part of the shumai, the method of wrapping the filling and the like may affect the ratio of WA/WB [0019]. Here, absent any specific disclosure as to the shape of the shumai top part and/or side part, the basic cylindrical structure of shumai is understood to be disclosed and as explained above, is considered met by the shumai of Arai. Regarding the method of wrapping, no details are given in the instant specification. In sum, the only clear structural requirement that appears to be necessary to the claimed product such that it is capable of providing the claimed water content after microwaving to a core temperature of 50-90C is the water content in the skin. As explained above, Arai discloses the skin has a water content of about or nearly 50wt%, thus providing a wrapper that for the shumai such that it is capable of such performance.
Claims 1-4 are rejected under 35 U.S.C. 103 as obvious over JP 2006/333793 (Kaneko) OR JP 2012/044955 (Arai) in view of JP 2003024018 (Sada).
Kaneko and Arai disclose wrappers for dumplings such as shumai as discussed above. An alternative rejection is provided for further treating the skins of either of these references to optimize the texture thereof is made in view of Sada.
Sada disclose a method for producing Chinese meat dumplings comprising making a dumpling (gyoza) with dough having a water content of 35%. Sada discloses that simply steaming with saturated steam in the steaming process does not allow the skin to absorb water sufficiently, and the degree of gelatinization of the starch remains at 35%, resulting in a crisp and hard texture. To obtain a good texture using the gyoza made from low-hydrolyzed noodles, at least 40% up to 50% or more of water content in the steaming step is provided. After steaming, the dumplings move along on a conveyor to a baking zone. Water is sprayed onto the dumplings and the water content in the ears after steaming and after baking is 58wt% (Table 1). After the dumpling was baked, it was frozen and thawed in a microwave oven and the ears had sufficient water content and had a good texture immediately after baking (page 6). It would have been obvious to treat the dumplings of Kaneko or Arai to the steaming and water spraying steps disclosed by Sada to provide a higher water content to the ears of the dumplings such that after freezing the ears will still have good texture for consumption. The specification discloses that the WB (water content before heating by microwave) is set to 37-70wt% and Sada discloses setting to amounts such as 58wt% and 60wt% (tables 1 and 2). The dumplings are frozen after having obtained this water content. Subjecting dumplings that have such a water content to a microwave treatment as cited in claims 1-4 would be expected to provide the WA (water content after microwaving) within the claimed ranges. This analysis is based upon the instant specification’s disclosure of the amount of water in the wrapper of the frozen dumpling as explained above and the use of a similar material for the wrapper as disclosed by Kaneko or Arai, each of which disclose flour, water and salt and do not disclose fat, oil, or hydroxypropyl starch and who also recognize a higher water content improves texture. It would have been obvious to optimize the amount of water provided on the dumpling in the method of Sada as applied to Kaneko or Arai to provide the desired texture depending upon the manner in which the dumpling is subsequently re-heated.
Note that while the claims are interpreted such that no water is sprayed on the frozen shumai dumpling, the disclosure of Sada sprays the dumpling prior to freezing and does not disclose any spray of water is applied after freezing or any covering of the shumai with a food wrap film for microwaving.
Claims 5-8 are rejected under 35 U.S.C. 103 as obvious over JP 2006/333793 (Kaneko) OR JP 2012/044955 (Arai) in view of JP 2003024018 (Sada) and US 2018/0325125 (Ohama).
Kaneko, Arai and Sada do not disclose re-heating the dumpling until a core temperature reached 50-90C. Ohama teaches Chinese dumplings (shumai) of which a peripheral portion (ear portions) is not likely to become hard after cooking with a microwave oven. The moisture content of the dough is 20-45 wt% [0052] and before the dumplings are frozen, water is sprayed on the dumplings during a heating step to provide the peripheral portion of the dough sheet a moisture content of 30-40wt% [0065, 0072]. This step is similar to that performed by Sada and for the same reason. The peripheral portion refers to the portion of the dough sheet not in contact with the filling and in the case of shumai the dough sheet is pleated without contacting the filling [0073]. The peripheral portion is also called the adhering portion [0073]. The frozen Chinese dumplings were microwaved for 1 minute 30 seconds at 500 W resulting in a temperature of the product of 85C [0080]. This teaching is also commensurate with and overlaps applicant’s disclosure of microwaving for 500W-1400W for about 30seconds to 6 minutes [see instant application 0011]. It would have been obvious to re-heat a frozen Chinese meat dumpling such as that of Kaneko or Arai as modified by Sada above in the manner disclosed by Ohama with a reasonable expectation of heating the dumpling to the degree necessary to be ready for consumption.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-8 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.
New art of Kaneko, Arai, and Sada are relied upon above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER C MCNEIL whose telephone number is (571)272-1540. The examiner can normally be reached M-F 9-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tong Guo can be reached at 5712723066. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
JENNIFER C. MCNEIL
Primary Examiner
Art Unit 1723
/Jennifer McNeil/Primary Examiner, Art Unit 1723
