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 status
The examiner acknowledges the amendment made to the claims on 03/19/2026.
Claims 1-7, 10-11, 13-16 and 18-21 are pending in the application. Claims 1 and 18 are currently amended. Claims 19-21 are newly presented. Rest of claims are previously presented. Claims 1-7, 10-11 13-16 and 18-21 are hereby examined on the merits.
Examiner Note
Any objections and/or rejections that are made in the previous actions and are not repeated below, are hereby withdrawn.
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.
Claims 1-6, 13-16 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Furrer WO 2021/063942 A1 (cited in the IDS filed 02/19/2024, hereinafter referred to as Furrer).
Regarding claims 1-6, 13-16 and 18, Furrer teaches a method of enhancing an umami taste of an ingestible composition, comprising adding a flavor composition comprising a flavor-modifying compound as the following formula (page 2) :
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Specifically, Furrer teaches that the flavor compound is selected from the group consisting of (E)-N-(4-cinnamamidobutyl)-2-methylbut-2-enamide, (E)-N-(4-((E)-3-(4-methoxyphenyl)acrylamido)butyl)-2-methylbut-2-enamide, (E)-4-methoxy-N-(4-(2-methylbut-2-enamido)butyl)benzamide, 4-cinnamamidobutyl (E)-2-methylbut-2-enoate, 4-cinnamamidobutyl 2-methylbut-3-enoate and 4-((E)-2-methylbut-2-enamido)butyl cinnamate (page 3, 2nd para.). It is noted that both the formula and/or the specific compounds as disclosed by Furrer reads on claims 1-6.
Further, Furrer teaches that the flavor compound may be used alone as the sole flavour component in a consumable composition or in combination with further flavour ingredients to provide a flavour composition ready for addition to a consumable composition. The further flavour ingredients may include other umami tastants (page 3, bottom para.).
Further regarding claims 13 and 15, given that Furrer teaches adding the same compound to a food as the claimed invention, the prior art method will necessarily provide the purpose of enhancing salty or kokumi taste. In other words, the recited purpose does not result in a manipulative difference between the claim and prior art where the actual steps recited in the claims are taught by Furrer.
Allowable Subject Matter
Claims 7, 10-11 and 19-21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter:
No art teaches a food comprising a flavor-modifying compound of formula (I), wherein R2 is an alkyl-OH or alkenyl-OH. No art teaches a food comprising a flavor-modifying compound of claim 11. No art teaches a composition comprising a compound of claims 19-21 and a salty tastant, an umami tastant or an kokumi tastant.
Response to Arguments
Applicant’s arguments filed 03/19/2026 with respect to pending claims 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.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHANGQING LI whose telephone number is (571)272-2334. The examiner can normally be reached 9:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NIKKI H DEES can be reached at 571-270-3435. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHANGQING LI/Primary Examiner, Art Unit 1791
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