DETAILED ACTION
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 Objections
Claims 1, 10, 11, and 12 are objected to because of the following informalities: “ageing” is the British version and therefore a misspelling of the standard American English version of the word “aging”. Appropriate correction is required.
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 1-12 are rejected for their use of the term “fish sauce”. It is known that “fish sauce “ is a seasoning that includes some sort of fish product, typically anchovies. However, here there is no recitation of fish as being a part of the process. Applicants have also not redefined what “fish sauce’ means or contains. Appropriate correction regarding the character/name of the sauce is required.
Claim 9 is rejected as indefinite because the claims recite extracted beet juice as being 500 parts to 800 parts by weight of 100 parts of the seasoning. However, regarding the seasoning, it is unclear if Applicants are referring to the seasoning that is formed after drying the solid content of the first fish sauce (recited in lines 7 and 8 of claim 1) or if the seasoning referred to is a final seasoning which is not explicitly recited in the body of the claim. It is unclear because the preamble recites a method of forming a seasoning but in line 8 a seasoning is formed. Following line 8, additional steps are performed without mention of the state or character of the mixed and aged composition still being considered a seasoning or even a final seasoning composition.
Claim 11 is indefinite because it refers to the instant steps as being completed before drying in line 1. However the claim also includes post drying steps, namely aging. It is unclear how claim 12 further limits claim 1. It is unclear whether the steps replace the final two lines of claim 1 or whether they are in addition to the steps of claim 1. Appropriate correction is required.
Claim 12 is rejected as indefinite because while claim 12 refers to a third mixture; a third fish sauce. However, there is no recitation in claim 1 of a second mixture and a second fish sauce which is confusing as it appears that there is a gap or missing steps. Appropriate correction is required.
Claim 12 is also indefinite because it refers to the instant steps as being completed before drying in line 1. However the claim also includes post drying steps, namely aging. It is unclear how claim 12 further limits claim 1. It is unclear whether the steps replace the final two lines of claim 1 or whether they are in addition to the steps of claim 1. Appropriate correction is required.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record does not disclose a method for preparing a seasoning by preparing a mixture comprising mushrooms, salt, soy sauce, yeast, and water; performing a fermentation step on this first mixture to form a “preliminary fish sauce”; separating a liquid-phase and a solid content from the “preliminary fish sauce” (fermented first mixture); taking the solid portion and combining it with spring onion roots, and water and performing an additional step of fermentation which results in a “first fish sauce”; separating a liquid-phase and a solid content from the first fish sauce and drying the solid content of the first fish sauce to prepare a seasoning; and mixing the seasoning, the liquid-phase of the preliminary fish sauce, the liquid-phase of the first fish sauce, and an extracted beet juice, and subjecting the mixture to aging.
The prior of record discloses compositions containing soy sauce and mushroom extracts. The prior art discloses fermenting mushrooms in the presence of soy sauce, salt, yeast and other ingredients. However, the specific steps of solid liquid separation, the fermentation and the reintroduction of liquid components in combination with the named ingredients have not been found in the prior art.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Cho et al. US 2022/0022500 Cho discloses aging tempeh (fermented soybeans) at 10 to 50°C for 1 to 30 days [0018]. Cho discloses primary and secondary fermentation [abstract]. Cho discloses including soy sauce, salt [0035].
Guo et al. CN 103445128 Machine Translation 2013 discloses a vegetarian seasoning containing mushroom powder, yeast, soy sauce, water, spices and salt [abstract; claim 1-3].
Kim KR 20030009782 Machine Translation 2003 Kim discloses a method of making a fermented paste [abstract]. Kim discloses adding meju powder (fermented soybean) and soybean syrup [pg. 4]. Kim discloses including beet juice [abstract; pg. 7, last paragraph; ]. Kim discloses adding beet juice to improve the color, flavor and to promote ripening of the paste [pg. 8, last two lines; Claims].
Lee et al. (KR 2015055668) Machine Translation Lee discloses a method of preparing a seasoning [abstract]. Lee discloses mixing mushroom, yeast, glucose, salt, [abstract; pg. 5; pg. 6, 8-10th paragraphs; pg. 7]. Lee discloses utilizing oyster, enoki, and shiitake mushrooms [abstract].
Myungsoon KR 2016067347 2016 Machine Translation discloses spice preparation containing fermented herbs, mushroom powder, etc. [abstract]. Myungsoon discloses preparing a fermentation broth from the ingredients and performing a primary and secondary fermentation [pg. 2]. Myungsoon discloses filtering between fermentation steps [pg. 2]. Myungsoon discloses primary fermentation for 700-750 days and secondary fermentation for 1800-1850 days [pg. 2. ‘Food’].
Nam KR 20050073940 2005 Machine Translation Nam discloses a method of making a fermented soybean and shiitake mushroom composition [abstract]. Nam discloses mixing shiitake mushroom powder and soybean and performing primary fermentation for 12 hours; a secondary fermentation for 6 hours and a tertiary fermentation for 6 hours [pg. 8; Claims]. Nam discloses aging the composition [abstract].
Song et al. (CN 1063605) Machine Translation 1992 Song discloses a method of making a mushroom flavoring/seasoning [abstract]. Song discloses adding mushroom, soy sauce, salt, yeast (Saccharomyces), and water [2nd page “secondary fermentation”]. Song discloses a primary fermentation of the mushroom, concentrating the primary fermentation product and then a secondary fermentation which takes some of the liquid from the primary fermentation is combined with soy sauce, salt, water and yeast and fermentation is performed for 96 hours [2nd page “secondary fermentation”]. Song discloses sterilizing and filtering the fermentation liquid [Claims 1 and 7]. Song discloses mixing mushroom, soy sauce, salt, yeast (Saccharomyces), and water [2nd page “secondary fermentation”]. Song discloses a Lentinus edodes which is shiitake mushroom [pg. 3].
Wang CN 109805352 2019 Machine Translation Wang discloses an aroma enhanced seasoning sauce containing mushroom, salt [abstract]. Wang discloses performing primary and secondary fermentation [abstract].
Yoon et al. WO 2015093664 Machine Translation discloses a low sodium soy sauce using mushrooms during the preparation [abstract]. Yoon discloses combining meju (fermented soybean), brine (water and salt), mushroom, and soy sauce [pg. 6]. Yoon discloses fermenting/aging for 20 to 60 days at a low temperature 2 to 10°C [pg. 6; Claims].
Yu CN 103734669 2014 Machine Translation discloses a brewing method for dried mushrooms, including oyster mushrooms to make a healthy soy sauce [abstract]. Yu discloses undergoing primary and secondary fermentation in the presence of soybeans, salt [pg. 3, “A-D”]. Yu discloses filtering the liquid during the fermentation process [abstract; claim 1].
Conclusion
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/Felicia C Turner/ Primary Examiner, Art Unit 1793