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 .
This office is in response to amendment filed on 3/30/26. Claims 1-4,6-7 are amended and claims 5,8 are cancelled. Claims 1-4, 6-7 are pending.
The previous 112 second paragraph and 103 rejections are withdrawn. The amendment to the steaming temperature necessitates a new 103 rejection and the amendment necessitates new 112 second paragraph rejection.
Claim Rejections - 35 USC § 112
Claim 1 is 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.
In claim 1: Lines 36-37 are vague and indefinite. The lines state “ filtering with suction and then heating the highly water-soluble starch-dextrin complex” but it’s unclear how the dextrin complex is generated”. The dextrin is the end product but it’s unclear how the end product is reached. The previous steps recites “ mixing corn starch with water, adding acid, stirring and filter” but it’s unclear at what point in the steps the dextrin formed”. Lines 39-40, the limtition “ heating at 180 degrees for 3 to 5 hours” is vague and indefinite because it’s unclear what is being heated.
Claim Rejections - 35 USC § 103
Claim(s) 1-4, 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ma ( CN114365819) in view of Wang ( CN 108936284), Du ( CN 111887378)), Lee ( KR 101912895), Kim ( KR 20140073749) , KR 101991426, Kobayashi ( Jp2010011756), Yajima ( 6180148) and Zhu ( 2020/0245654D).
For claim 1, Ma discloses a method for producing fresh rice noodle with long shelf life. The method comprises the steps of mixing rice flour with water, extruding the mixture into semi-dry rice noodles, aging the semi-dry noodle, cutting the aged half-dry rice noodle, boiling in water, cooling,pickling, sterilizing and packing. The extruded rice noodle after aging is boiled in water. This is the same as the rehydration step to obtain fresh wet rice noodle. The noodle is then soaked in water containing lactic acid and the noodle in the lactic acid solution is packed in temperature resistant steaming and boiling bag. This step is equivalent to step 3. After the noodle is packaged, it’s sterilized and cooled to room temperature for storage. ( see page 3 and embodiments 1-4)
For claim 4, Ma discloses boiling the extruded noodle in boiling water for 5-15minutes. ( see page 3)
For claims 5-6, Ma discloses the soaking solution contains lactic acid and the noodle for 3 minutes and packing 200 g/ bag. ( see embodiment 1)
For claim 8, Ma discloses sterilizing at 75-95 degrees centigrade for 20-40 minutes. ( see page 3)
Ma does not disclose mixing the rice flour with polylysine, pyrophosphate, glycerol, sodium chloride and highly water soluble starch dextrin as in step 1, steaming and second aging as in step 2, spraying with ethanol, exhausting the air and sealing as step 3, cooling in cold water and checking for air leakage, the concentration of the ingredients and the forming of the starch dextrin as in claim 1, the properties as in claim 2, the steaming condition as in claim 3, the temperature and water content as in claim 4, the concentration and inclusion of sodium lactate as in claim 5, the bag as in claim 6, the percent and concentration of alcohol as in claim 7 and the time as in claim 8.
Yajima discloses a method for producing fresh noodles. Yajima teaches to pack the noodle in polyethylene bag. Yajima disclose that the fresh noodle have a water content of 30-50% and contain antibacterial components, antibacterial amino acid, antibacterial acids and salt thereof and a water activity controller. The fresh noodle is packed in resin bag which contains oxygen scavenger and/or alcohol preparation to obtain excellent long term storage of fresh noodle. Yajima discloses the fresh noodle is prepared with modified starch such as baked, decomposition starch like dextrin. The amount of modified starch can be in the range of 10-50%. Yajima discloses the noodle is compounded with antibacterial ingredients such as ethanol, polylysine, organic acid and salt thereof and water activity regulator such as glycerol and common salt. Yajima teaches compounding with such ingredients enhances the keeping quality and improve storage ability which will have good effect on subsequent reproduction of mouthfeel. Ethanol can be used in amount of 1-5%, antibacterial ingredient at .01-2%, water activity regulator at .5-20% based on the powdery starting material. The noodle is also compounded with additives commonly used in noodle. Common salt and kansui are added. Kansui is a solution containing sodium pyrophosphate. ( see col. 4 lines 22-35,40-41, col. 5 lines 50-60, col. 7 lines 55-65, col. 8, col. 9 lines 45-64, col. 10 lines 1-43, col. 14 lines 10-20)
Kobayashi discloses a method for modifying starch-based material using organic acid to alter solubility. Kobayashi discloses a soluble starch dextrin is known and roasted dextrin is obtained by heating starch containing water is the presence of an acid. The heating condition is 79-121 degree C for 3-8 hours when acid is added. In order to increase the degree of hydrolysis, an acid is added and heat treatment at 150-220 degrees C for 6-18 hours is required. White dextrin is a low solubility product having a cold water-soluble component close to 90%. Yellow dextrin has a further increase degree of hydrolysis of white dextrin, turns yellow and has a cold water soluble component of 98% or more. The organic acid used include lactic acid and the starch based material include corn starch. The starch is mix with water and the lactic acid. ( see abstract, page 2,page 4)
KR 426 discloses a method for preparing prebiotic rice noodle. KR teaches extruding a dough to product rice noodle and aging the rice noodle. Steam is used to cook the rice starch during extrusion. Aging of the rice noodle improves the content of the resistant starch which is a dietary fiber. Resistant starch is not digested in the small intestine but are passed to the large intestine and fermented by intestinal microorganism. ( see pages 2,4)
Kim discloses a method for making rice noodles. Kim teaches steaming the dough for the rice noodles at temperature of 90-100 degrees C. ( see page 3)
Lee discloses a method of making rice noodle. Lee teaches heating by applying steam at temperature of from 85-105 degrees C. ( see abstract, page 4)
Du discloses a method of preparing fresh wet rice noodle with long shelf life. Du teaches to put the fresh noodle in fresh-keeping liquid prepared by epsilon-polylysine hydrochloride. ( see abstract)
Wang discloses a method for preparing fresh noodle. Wang teach to pack the fresh noodle and spraying amount of 75% of edible alcohol to obtain healthy fresh noodle. ( see page 3)
Zhu discloses processing and fresh-preserving method for high quality fresh noodle. Zhu teaches to add .40-2.40% of composite phosphate to the formula for fresh noodle. The composite phosphate includes sodium pyrophosphate. In one embodiment, the composite phosphate includes .3-.8 sodium pyrophosphate. Thus, the range of sodium pyrophosphate is minimum of .12% ( .3X.40) to maximum of 1.92% ( .8X2.40). ( see paragraphs 0006,0013)
For claim 1, the objective of the Ma method is to prepare fresh rice noodle with long shelf life. Yajima teaches to compound polylysine, glycerol and sodium chloride with powdery material in the making of fresh noodle to enhance the keeping quality and storage stability of the fresh noodle. It would have been obvious to one of ordinary skill in the art to add the ingredients disclosed in Yajima in the Ma method to further enhance the objective of Ma of obtaining fresh noodle having long shelf life. The claimed amounts of polylysine is .01-.02%, glycerol 0-.1% and sodium chloride at .2-.3%. Yajima teaches to use polylysine as antibacterial in amount of .01-2% and sodium chloride and glycerol as water activity regulator in amount of .5-20%. It would have been obvious to one of ordinary skill in the art to follow the guideline of Yajima and to adjust depending the optimum quality desired. Such parameter can be determined through routine experimentation. Yajima teaches to use polylysine. It would have been obvious to one of ordinary skill in the art to use epsilon-polylysine hydrochloride as taught in Du as known form of polylysine that’s used in fresh noodle for the purpose of prolonging shelf life. Yajima teaches to add dextrin as known additive for preparation of fresh noodle. It would have been obvious to one of ordinary skill in the art to additive for its art-recognized function. The claimed amount of dextrin is .5-12%. It would have been obvious to one of ordinary skill in the art to follow the guideline of Yajima for the amount of dextrin. It would have been obvious to one of ordinary skill in the art to follow the disclosure of Kobayashi for preparation of dextrin. It would have been obvious to use dextrin with greater degree of hydrolysis and hence high solubility to ensure the dissolving to the dextrin with other ingredients. Kobayashi does not disclose the pH and ratio of water to corn starch, stirring and filtering. However, it would have been within the skill of one in the art to determine such parameters through routine experimentation to obtain the most optimum degree of hydrolysis and solubility. The adding of lactic acid will cause a drop in pH and it would be within the determination of one skill in the art to determine the optimum pH for hydrolysis. It would have been obvious to one skilled in the art to determine the proper starch to water ratio to give the optimum blend of mixture of starch and water. It would have been obvious to stir and determine the time to mix the mixture uniformly. It would have been obvious to filter out the water to facilitate the baking of the mixture because less moisture is present. It would also have been obvious to place the mixture in an oven to quicken the removal of moisture. It would have been obvious to one of skill in the art to determine the moisture that is appropriate. Furthermore, the reduction in water content is not seen as patentably significant because the mixture is continued to be baked to form the dextrin. It’s obvious that the temperature that is used to remove the moisture initially would be less than the baking temperature to product the dextrin. Such parameter can readily be determined by one skilled in the art through routine experimentation. It would have been obvious to one of ordinary skill in the art to compound the rice flour with pyrophosphate as taught in Zhu to enhance the quality of fresh noodle. It would have been obvious to one skilled in the art to follow the guideline of Zhu for the amount of pyrophosphate. Ma discloses to extrude the rice flour mixture to cause pasting of the starch. It would have been obvious to one skilled in the art to apply steam during extruding as disclosed in Lee to cause pasting of the starch. It would have been obvious to follow the guideline of temperature disclosed in Lee and to optimize depending on the time and temperature used within the range of 85-105 degrees C disclosed in Lee. Steaming temperature can vary and steaming at 100 degrees C is known in the art as disclosed both within the range of Lee and the range disclosed in Kim. It would also have been obvious to subject the extruded noodle to repeated aging to increase the content of resistant starch as taught in KR426. Resistant starch functions as dietary fiber; thus, an increase in the content would enhance the nutrition of the fresh noodle. It would have been obvious to one of ordinary skill in the art to spray the bag containing the fresh noodle in the Ma method with alcohol as taught in Wang to further enhance the objective of Ma for providing fresh noodle with long shelf life. Yajima teaches that alcohol such as ethanol is an antibacterial agent which would protect against microbial growth. Yajima also teaches to package fresh noodle in package containing alcohol preparation. It would have been readily obvious to one of skill in the art to check the package after sterilization for integrity to ensure the bag is not leaked and is properly sealed to ensure the stability of the product to ensure for long shelf life. Yajima discloses organic acids and their salts are both natural antibacterial agent. Thus, it would have been obvious to one of ordinary skill in the art to use both in the soaking solution as further additives for enhancing the shelf life of the fresh noodle. It would have been within the skill of one in the art to determine the concentration through routine experimentation to obtain the most optimum shelf life. It would have been obvious to one skilled in the art to use longer or shorter sterilization time depending on the degree of sterilization desired. Such parameter is an obvious matter of choice. The time can also vary with respect to the temperature used. For instance, it would have been obvious to use higher temperature for shorter period of time.
For claim 2, the dextrin as disclosed in Kobayashi has the solubility within the claimed range. Thus, it’s expected the molecular weight and viscosity would be in the range claimed. If not, it would have been obvious to one skilled in the art to determine the molecular weight and viscosity depending on the degree of hydrolysis of the starch.
For claim 3, it would have been within the skill of one in the art to determine the steaming temperature and time depending on the degree of cooked desired for the starch. Such parameter can readily be determined through routine experimentation.
For claim 4, it would have been obvious to one skilled in the art to determine the water content of the rehydrated depending on the degree of wetness desired for the noodles. Ma discloses rehydrating in boiling water; thus, the temperature would be closed on the claimed range. It would have been within the skill of one in the art to determine the temperature of boiling.
For claim 6, it would have been obvious to use any known packaging such as polyethylene packaging bag as disclosed in Yajima for packaging the fresh noodle in the Ma method.
For claim 7, it would have been obvious to one of skill in the art to determine the amount of ethanol sprayed to obtain the most optimum shelf life through routine experimentation.
Response to Arguments
Applicant's arguments filed 3/30/26 have been fully considered but they are not persuasive.
In the response, applicant argues that Park teaches steaming at 85-95 degrees C. New references are added to the rejection to address the limiting of steaming temperature to 100 degrees C. The Park reference is no longer relied upon for steaming temperature. The Park reference is maintained for the teaching of aging to increase amount of resistant starch. Applicant further argues that the amount of edible ethanol at 65-85% is neither taught nor suggested by any of the cited references. The examiner respectfully disagrees. Page 6 of the office action recites the disclosure of Wang as teaching spraying an amount of 75% edible alcohol to obtain healthy fresh noodle. Page 8 of the office action explains the obviousness of using the Wang spray in the Ma noodles. Yajima shows alcohol such as ethanol is an antibacterial agent. Thus, it would have been obvious to use ethanol as the alcohol. Applicant states the required analysis is entirely missing which is not accurate. The rejection sets forth the ground of obviousness and applicant does not argue the position. Just stating that the statements are conclusory without any analysis does not amount to a rebuttal. The rejection relies on different references to address all the limitations claimed. Applicant does not present any specific argument to any of the position taken.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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June 2, 2026
/LIEN T TRAN/Primary Examiner, Art Unit 1793
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