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 .
DETAILED ACTION
Status of Claims
Note: The amendment of June 2nd 2026 has been considered.
Claims 1-20 are pending in the current application.
Claims 9-20 are withdrawn from consideration.
Claims 1-8 are examined in the current application.
Any rejections not recited below have been withdrawn.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35 of the U.S. Code not included in this action can be found in a prior Office action.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Happe et al., (WO 2015/110388 A1).
Regarding claim 1: Happe discloses a fat blend composition comprising between 10-50% stearic acid (see Happe abstract; page 2, lines 14-21), 31-44wt% SAFA (see Happe Example 1, Table), less than 3% SSS and no mention of UUU (see Happe page 4, lines 4-11; page 5, lines 21-24). Happe also discloses the ratios S2U:SSS and S2O:S2L of not greater than 5 (see Happe page 5, lines 29-32). Since the claimed values overlap the values in Happe, a prima facie case of obviousness exists (see MPEP §2144.05).
Regarding claims 2-8: The table in Example 1 on pages 10-11 of Happe, delineates fat blends that comprise triglycerides with the fatty acid ratios, contents and sn-2 fatty acids that overlap or encompass the fatty acid ratios, contents and sn-2 fatty acids recited in claims 2-8.
Conclusion
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Ma (USPatPub. 20210022362) discloses a non-hydrogenated fat composition comprises: from 3.2% to 10% by weight of total caprylic acid (C8:0) and capric acid (C10:0); from 13% to 32% by weight lauric acid; and from 20% to 45% by weight stearic acid (C18:0) fatty acid residues; the percentages of acids referring to acids bound as acyl groups in glycerides in the fat composition and being based on the total weight of C8 to C24 fatty acids; and from 7% to 15% by weight CN46 triglycerides; from 4% to 30% by weight CN54 triglycerides; and from 15% to 28% by weight of total CN42 triglycerides and CN44 triglycerides with similar profiles to the claimed profile (see Ma Examples 1 and 3).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASSAF ZILBERING whose telephone number is (571)270-3029. The examiner can normally be reached on M-F 8:30-5:00.
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/ASSAF ZILBERING/Examiner, Art Unit 1792
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