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 § 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 2 and 9 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites the limitation "the toppings" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the toppings" in line 9. There is insufficient antecedent basis for this limitation in the claim.
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) 1-5,7-8, is/are rejected under 35 U.S.C. 103 as being unpatentable over Tiefenbacher(US 2006/0057269) in view of Marty(Beer Cheese Brat Pretzel Pizza).
Regarding claims 1-3,Tiefenbacher teaches a prepared pizza crust product that is designed to be heated before consumption comprising a prebaked pizza crust, wherein the prebaked pizza crust is coated at least partially with lye(sodium hydroxide) after baking(example 2, para 99). Specifically, a pizza dough is baked, coated in lye, and then further intended to be reheated in order to create a glossy coating(abstract).
Tiefenbacher teaches forming a pizza crust(pizza sticks)(example 2) but does not specifically teach that the pizza crust is topped with toppings to form a prepared pizza. However, Marty teaches a pizza that is formed by making a pizza dough, coating the dough with lye, prebaking the pizza crust, adding a sauce, adding toppings on top of the sauce, and then further baking the prebaked dough and toppings(p.10). It would have been obvious to include sauce on the pizza crust of Tiefenbacher and toppings on top of the sauce as taught in Marty in order to provide a pizza product, that is well known and desired by consumers.
Regarding claim 4, Tiefenbacher in view of Marty does not specifically teach that the lye is applied to the rim of the pizza but not to the rest of the pizza crust which is covered by toppings. However, it would have been obvious to only apply the lye to the rim of the pizza, because that is the only part that is visible to the consumers. As such, Tiefenbacher teaches applying to lye selectively depending on the effect desired(claim 35).
Regarding claim 5, Tiefenbacher teaches applying salt on the lye coated prebaked crust before subjecting the pizza to the heating step before consumption(para 116). It would have been obvious to use coarse salt since the crust is a pretzel crust.
Regarding claim 7, Tiefenbacher teaches that the dough comprises 63% flour, 0.6% salt(about 1%), 0.3% yeast(para 56, R1).
Regarding claim 8, Tiefenbacher teaches that the prebaked dough can be frozen and stored(claim 34, para 24). Therefore, it would have been obvious to obvious to package the pizza so that it can be stored and transported to another location if needed.
Claim(s) 9-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tiefenbacher(US 2006/0057269) in view of Marty(Beer Cheese Brat Pretzel Pizza) further in view of Groth(US 3379141).
Regarding claim 9,10,14,Tiefenbacher teaches a process for making a prepared pizza comprising the steps of(example 2)
Preparing a dough by mixing dough ingredients
Proofing the dough at room temperature(25C) for 45 mins
Baking the dough into a pizza crust
Applying lye to at least a part of the baked pizza crust
Tiefenbacher teaches forming a pizza crust(pizza sticks) but does not specifically teach that the pizza crust is topped with toppings to form a prepared pizza. However, Marty teaches a pizza that is formed by making a pizza dough, coating the dough with lye, prebaking the pizza crust, adding a sauce, adding toppings on top of the sauce, and then further baking the prebaked dough and toppings. It would have been obvious to include sauce on the pizza crust of Tiefenbacher and toppings on top of the sauce as taught in Marty in order to provide a pizza product, that is well known and desired by consumers.
Tiefenbacher does not specifically teach forming the dough into a dough ball and pressing a dough ball into the shape of the preformed crust with a heated press. However, Groth teaches forming pizza crusts comprising forming the dough into a dough ball and pressing a dough ball into the shape of the preformed crust with a heated press(col 1, line 11-27) at a temperature of 200F(col 4, line 35-37). It would have been obvious to form the dough of Tiefenbacher into a dough ball and pressing the dough ball into the shape of the preformed crust with a heated press(col 1, line 11-27) at a temperature of 200F(col 4, line 35-37), as taught in Groth, in order to form the pizza crusts efficiently and uniformly, as is customary in an automated system.
Regarding claim 12, Tiefenbacher teaches that the baking of the preformed crust is done to a moisture content of 12 to 16%(para 90). It would have been obvious to adjust the cooking temperature and time in order to achieve the desired moisture content in the prebaked crust.
Regarding claim 13, Tiefenbacher teaches that the application of the lye is carried out by a lye waterfall application(para 92).
Conclusion
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/KATHERINE D LEBLANC/Primary Examiner, Art Unit 1791
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