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 § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4,7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhou(Comparison of hydrability, antioxidants, microstructure, and sensory quality of barley grass powder using ultra‐micro‐crushing combined with hot air and freeze drying) as evidenced by Takano(Insoluble Fiber in Young Barley Leaf Suppresses the Increment of Postprandial Blood Glucose Level by Increasing the Digesta Viscosity)
Regarding claims 1-4,7 Zhou teaches young barley grass powder with a particle size of 3-25 microns(table 1). Zhou teaches that the barley grass powder can be added to food products(section 3.5). Zhou teaches the same particle size as claimed. Therefore, it is considered a granulated product as claimed.
As evidenced by Takano, young barley grass powder comprises 14% hemicellulose(table 1)
Claim Rejections - 35 USC § 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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou.
Zhou teaches that young barley grass powder can be used in food compositions and that it is high in antioxidants, vitamins, and minerals(1.introduction). It would have been obvious to add young barley grass powder to a beverage composition in order to provide antioxidants, vitamins, and minerals to consumers.
Conclusion
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/KATHERINE D LEBLANC/Primary Examiner, Art Unit 1791
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