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 .
Election/Restrictions
Applicant’s election of claims 1 to 10 in the reply filed on 10/8/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Claims 11-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim.
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) 1,2,4,6-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hannetel (US2009/0208568).
Regarding claim 1, Hannetel teaches a seamless capsule comprising:
a capsule content(abstract, para 2); and
a shell layer that coats the capsule content(para 2),
wherein
the shell layer comprises at least deacylated gellan gum and modified starch(para 19), and the capsule content comprises an oily component(para 56).
Regarding claim 2, Hannetel teaches that the shell layer comprises the deacylated gellan gum and another component such as modified starch in a ratio of 80/20, i.e. 80% gellan gum an 20% modified starch(para 21).
Regarding claim 4, Hannetel teaches that the seamless capsule has a particle size of 0.5 to 8.0mm(para 5) and a shell ratio of 8 to 50%.
Regarding claims 6 and 7, Hannetel teaches that the oil component in the capsule can contain a flavor such as orange(example 3).
Regarding claim 8, Hannetel teaches a two layer structure including the capsule content and the shell layer(para 2).
Regarding claims 9 and 10, Hannetel does not specifically teach that the capsule has a value of XY/xy is within a range of 0.76 or more and 1.15 or less, where X (N) is a load required to break the seamless capsule by pressing in a minimum particle size direction after the seamless capsule is stored for 60 minutes under a condition of a relative humidity of 90% RH at 60°C, and Y (mm) is a displacement at break, and similarly, x (N) is a load required to break the seamless capsule by pressing in a minimum particle size direction after the seamless capsule is stored for 120 minutes under a condition of a relative humidity of 60% RH at 25°C, and y (mm) is a displacement at break.
However, Hannetel teaches the composition of claim 1 including the use of deacylated gellan gum and modified starch for the shell layer as claimed. Therefore, one of ordinary skill in the art would expect the composition of Hannetel to have the claimed properties.
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hannetel (US2009/0208568) in view of Borregaard(Comparison of Microfibrillated Cellulose and Microcrystalline Cellulose).
Regarding claim 3, Hannetel teaches that the shell can comprise cellulose but does not specifically teach that the cellulose is crystalline cellulose. However, Borregaard.com teaches that microcrystalline cellulose is commonly used as tableting aid in pharmaceutical applications(p.2). It would have been obvious to use microcrystalline cellulose as the cellulose in the shell of Hannetel because Borregaard.com teaches that microcrystalline cellulose is commonly used as tableting aid in pharmaceutical applications.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hannetel (US2009/0208568) in view of Zhang(English translation WO 2009021377A1)
Regarding claim 5, Hannetel teaches the use of modified starch but does not specifically teach the use of oxidized starch. However, teaches a shell composition for a capsule where in the hard shell comprises a gelling agent, binder and water(p.2). The gelling agent can comprise gellan gum and the binder can comprise oxidized starch(p.4). Zhang teaches that the composition has good mouthfeel. It would have been obvious to use oxidized starch as the modified starch in Hannetel because Zhang teaches that gellan gum and oxidized starch shell components provide a good mouthfeel for capsule compositions.
Conclusion
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/KATHERINE D LEBLANC/ Primary Examiner, Art Unit 1791