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.
Claim 25 is 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 25 depends from claim 17 which was cancelled. The scope of claim 25 is unclear due to its dependency upon a cancelled claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
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 1-6, 10, 12, 13, 15, 16, and 23-25 are rejected under 35 U.S.C. 103 as being unpatentable over ITBA 20130075U1 (Kelz) in view of “Influence of die material on pasta characteristics”, Food Research International, 2008 (Lucisano) and further in view of WO 2021/083990 (Panto) OR US 4394397 (Lometillo) (both cited on the IDS filed 11/22/2023).
Regarding claims 1-3, 23 and 24, Kelz discloses a die insert for the production of a pasta wherein the pasta die allows production of a pasta shape that combines the aesthetic appearance of smooth pasta known in the state of the art with the taste characteristics of a striped pasta. Kelz states that it is known that making the external surface of the pasta grooved allows to obtain a greater surface roughness, as well as a greater surface, and therefore allows to retain a greater amount of seasoning. Nevertheless, the pasta rigata is not used in restaurants because it is considered not very elegant from an aesthetic point of view. As shown in Figures 1 and 2, the entirety of the device (100) is referred to as an insert. Grooves are present on the working surface of the first part (1) of insert (100). The dough follows a path of entry via holes (11) and the space from entry via 11 (any of the holes) and proceeding into the space between part (1) and part (2) is considered a through hole forming the extrusion path. Grooves are formed on part (1) along a working surface that comes into contact with the dough as it passes through the die. The grooves (152) can be straight (i.e. parallel to the advancement axis of the dough when it comes out of the die, or inclined with respect to the same axis. The height of the indentation as shown in Figure 4 is less than 1mm, preferably 0.4-0.6mm. Thus, the depth of a groove is less than 1mm which overlaps with the claimed range of 0.05-0.3mm and the ranges of claims 23 and 24. Moreover, the disclosure of 0.4mm is considered so close as to not be patentably distinct from 0.3mm as the structure of the pasta formed by the use of a die with 0.3mm vs. 0.4mm groove depth is not seen to provide a patentable distinction.
Kelz states that it should be noted that pasta, according to what is widely known in the state of the art, is commonly drawn when the dough is still wet and, subsequently, dried. The dimensions indicated therefore, as well as indicative, are to be referred to the wet mixture when it is extruded through the die. The use of water and meal is considered widely known and accepted to form pasta, and Kelz is considered to meet this limitation based on the clear teaching of forming pasta. Additionally, Lucisano discloses that the most suitable ingredient for the production of dried pasta, and the only one allowed by Italian law, is durum wheat semolina whose protein amount and quality are of great importance for the characteristics of the cooked product (Introduction). Thus, one of ordinary skill would have found it obvious to use durum wheat semolina meal to make the pasta as this meal is legally required by Italy and is widely known and used to make pasta.
Kelz does not expressly teach the use of a die of any particular material, but does recognize the desire to form a porous (i.e. roughened) surface as opposed to stripes as discussed above. Lucisano states that traditional dies made entirely of bronze make the pasta surface rough, which helps to capture the sauce, whereas the Teflon insert gives the product an even surface and a smoother texture (abstract). Based upon the desire expressed in Kelz to form a pasta having a rough, but not striped, surface, the use of a bronze die insert would have been obvious as it is recognized to form such a surface and would contribute to the desire for a roughened surface.
Kelz does not disclose the water content of the dough or kneading the dough prior to extrusion with the die. Panto discloses formation of a durum wheat semolina dough by mixing with water to form a dough with 37wt% water, kneading the dough to obtain optimum consistency and plasticity is obtained, and extruding the dough, subsequently drying to a moisture content of 10.5wt% (pages 6, 10-11). Panto discloses that similar doughs may be used with Teflon, POM-C and bronze to form a pasta (Table 1) which also supports the obviousness of using bronze material for the die insert with an expectation of success. One of ordinary skill would have found it obvious to form a dough having the water content of Panto and kneading the dough prior to extrusion to obtain the desired consistency as disclosed by Panto with a reasonable expectation of providing a dough suitable for extrusion in the process of Kelz. Kelz expressly states that the dough is “wet” when drawn (extruded) and Panto gives an example of the level of wetness that can be used with a variety of die inserts, thus indicating that such a water content is reasonable to use with expectation of successfully extruding a pasta.
Alternative to Panto, Lometillo discloses forming a pasta product by blending semolina with sufficient water, typically 15-35wt%, and kneading the dough (mechanical working) prior to extrusion and then drying to a moisture content of a maximum of 10% (abstract, col. 2). One of ordinary skill would have found it obvious to form a dough having the water content of Lometillo and kneading the dough prior to extrusion to plasticize the mix as disclosed by Lometillo with a reasonable expectation of providing a dough suitable for extrusion in the process of Kelz. Kelz expressly states that the dough is “wet” when drawn (extruded) and Lometillo gives an example of the level of wetness that can be used with a variety of die inserts, thus indicating that such a water content is reasonable to use with expectation of successfully extruding a pasta.
Regarding the moisture content in the dried pasta, Kelz expressly discloses drying the pasta and each of Lucisano, Panto and Lometillo disclose the moisture level of dried pasta after extrusion of less than 12.5wt% (Lucisano Table 1, Panto page 8, Lometillo col. 2). Thus, one of ordinary skill in the art would have found it obvious to dry the pasta of Kelz to a moisture level of less than 12.5wt% based upon the disclosed moisture levels of Lucisano, Panto and Lometillo. These references are indicative of the level of ordinary skill and examples of moisture content in dried pasta after extrusion, thus rendering the limitation obvious to one of ordinary skill.
Regarding the claimed roughness of claim 1 and claim 25, since the die insert disclosed by Kelz has a similar structure to that claimed, one of ordinary skill would have reasonably expected formation of a pasta with a similar structure to that claimed, namely a roughness of the surface. Kelz expressly disclosed the desirability of the roughness, thus one of ordinary skill would have found it obvious to maximize the desired roughness and utilization of a die insert with a similar groove depth would have been reasonable expected to provide a similar roughness value to that claimed.
Regarding claim 4, as explained above, the threads (grooves) of Kelz may be inclined relative the direction of the extrusion path. Note that the claim does not limit the transverse nature to a perpendicular orientation with respect to the extrusion path.
Regarding claims 5 and 6, the grooves of Kelz are considered to be thread shaped as they are wrapped as shown in Figures 6 and 7 of Kelz. These figures also show that there are a plurality of grooves that are transverse to at least some degree with the extrusion path, and are considered to be shaped as a plurality of cuts since they are grooves, and are parallel (Figures 6 and 7).
Regarding claim 10, the grooves of Kelz extend longitudinally with respect to the direction of the extrusion path.
Regarding claim 12, Panto discloses 37wt% water and Lometillo discloses “typically 15-35wt%” water in the dough. Disclosure of 35wt% is considered so close to 35.5wt% so as to not be patentably distinct as one would reasonably expect the dough to have the same properties based upon the small difference in water (See MPEP 2144.05).
Regarding claim 13, Lometillo discloses blending the ingredients (col. 4), but does not disclose the temperature or length of time for blending. Since blending is not disclosed as occurring with heat, it is understood as being done at room temperature which is encompassed by the claimed temperature range. Regarding the amount of time to mix the ingredients, it would have been obvious to one of ordinary skill in the art to mix the ingredients for a time sufficient to incorporate all of the ingredients together and provide a homogeneous dough. Absent a showing that the length of time of 20-30 minutes is critical, routine experimentation by one of ordinary skill is considered to render the time taken to blend the ingredients obvious. Panto further discloses mixing is carried out at a temperature comprised between 20°C and 50°C, more preferably between 30°C and 40°C, for a time comprised between 20 minutes and 30 minutes, thus providing guidance to one of ordinary skill as to the parameters of blending the ingredients.
Regarding claim 15, as discussed above, each of Lucisano, Panto and Lometillo disclose the moisture level of dried pasta after extrusion of less than 11.5wt% (Lucisano Table 1, Panto page 8, Lometillo col. 2).
Regarding claim 16, Lucisano discloses high temperature drying including temperatures of 60-70C (Figure 1) and Panto discloses drying between 50-90C. It would have been obvious to dry the pasta at these known temperatures for drying pasta with a reasonable expectation of success.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over ITBA 20130075U1 (Kelz) in view of “Influence of die material on pasta characteristics”, Food Research International, 2008 (Lucisano) and further in view of WO 2021/083990 (Panto) OR US 4394397 (Lometillo) (both cited on the IDS filed 11/22/2023) and further in view EP 3050439 (Suga).
Kelz, Lucisano, Panto and Lometillo do not disclose a pressure of 60-110 bar for extrusion of the pasta. Suga discloses manufacturing pasta by extruding at 35-100 kgf/cm2 which is 34-98 bar, which overlaps with the claimed range [0011]. It would have been obvious to one of ordinary skill in the art to extrude the pasta with a known pressure, such as that of Panto or Saga with a reasonable expectation of successfully extruding the pasta.
Allowable Subject Matter
Claims 7-9 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: Regarding claim 7, the closest prior art of record is Kelz as discussed above, but the structure of the die insert of Kelz differs from the structure of claim 7 where the pin has the second working surface that extends longitudinally inside the through-hole which has the first working surface where the first working surface has grooves. In Kelz, the structure that corresponds to the pin possesses the working surface with grooves. Kelz states that the internal surface of the second part (2) of the die is smooth which forms the outer part of the pasta.
Response to Arguments
Applicant's arguments filed 05/18/2026 have been fully considered but they are not persuasive.
Applicant argues that the claimed surface roughness is a product that only the combination of an insert with micro-grooves and a dough having the indicated moisture can lead to. It is noted that statement this is in contrast to the section of the specification quoted in applicant’s remarks that states the surface roughness characteristics are determined by the combined effects of the material of the extrusion insert (bronze) and the configuration of the working surface (grooves). The instant specification does not appear to indicate any criticality of the moisture content of the dough prior to being extruded with the roughness of the finally formed dried pasta. The instant specification appears to indicate that it is the material of the insert used (bronze) in conjunction with the grooves that affects the roughness of the finally formed dough. Note that this concept is reflected in the data of Table 1 comparing Example 2b using a bronze die plate without grooves as compared to Example 2a using a bronze die with grooves. Note further that the comparison of bronze with threads (grooves) (example 1a) and standard bronze without threads (grooves) (example 1b) each resulted in a surface roughness within the claimed range. Thus, examples 1a and 1b show that even using bronze without grooves (threads) resulted in a roughness within the claimed range. Also, both example 1a and 1b had the same moisture content. Thus, there does not appear to be evidence in the record supporting the criticality of the moisture content in combination with the use of the bronze insert with grooves. Instead, the specification alleges the combination of bronze material and the formation of the claimed grooves affects the roughness.
Regarding the argument that Panto does not disclose the claimed water content of the dough, applicant argues that the overall moisture used in comparative example 1b is actually 33.2wt%. However, Panto discloses that in the step of mixing the dough, a dough with a water content of 36-37.1wt% by weight of the total weight of the dough is obtained (page 5). If there is a particular manner in which moisture content is not equated to water content, applicant is invited to provide explanation as such. Here, Panto states that the content of water is 36-37.1wt% of the final content of the dough. Note that moisture content is used in Panto and applicant’s specification directed only to the final moisture content of the dried pasta. In contrast, water content by weight of the dough is also the same terminology used by Panto and applicant in reference to the amount of water in the dough. Applicant’s argument that the amount of water used in the recipe is confused with the final moisture content of the dough is confusing since the claim refers to water content of the dough which is the same disclosure terminology used by Panto. The claims do not refer to moisture content of the dough. Applicant argues that Example 1b is outside the claimed water content range for the dough. This example is a comparative example only and the disclosure of Panto is considered in its entirety and is not limited to a comparative example. Lucisano is relied upon for obviating the use of a bronze insert, whereas the recitation of the bronze insert by Panto indicates that the particular moisture of the dough is usable with various inserts, including bronze. These arguments are applicable to Lometillo as well.
Applicant argues that the aim of the application is to produce pasta having particularly high roughness, higher than that conventionally known for pasta obtained by extrusion through a bronze die insert such as those produced by Panto. As noted above, Panto is relied upon for the water content of the dough whereas Kelz and Lucisano are relied upon to obviate the bronze insert with grooves of the particular size claimed which is the combination of features disclosed as contributing the the claimed roughness.
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). The new 112(b) rejection was necessitated by amendment.
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 JENNIFER C MCNEIL whose telephone number is (571)272-1540. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tong Guo can be reached at 5712723066. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JENNIFER C. MCNEIL
Primary Examiner
Art Unit 1723
/Jennifer McNeil/Primary Examiner, Art Unit 1723
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