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 .
Priority
Applicant’s claim of priority as a 35 U.S.C. §371 national stage entry of PCT/FR2022/051109 filed June 10, 2022, which claims foreign priority under 35 U.S.C. §119 to France application FR 2106121 filed June10, 2021, is hereby acknowledged.
Claim Rejections - 35 USC § 101
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 101 that form the basis for the rejections under this section made in this Office action:
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 6 and 7 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claims do not fall within at least one of the four categories of patent eligible subject matter because its preamble recites the “use of a gelatinized blend of at least two heat-modified starches,” which is non-statutory subject matter that is eligible for patentability. Perhaps the preamble of the claims should instead be drawn to, for example, a “method for using a gelatinized blend of at least two heat-modified starches of claim 1”. However, a “method of using” claim must further include at least one method step.
Correction in a subsequent reply to this action by Applicant is respectfully requested.
Allowable Subject Matter
Independent claim 1, and claims 2-5 that depend therefrom, have been examined in the instant action and have been found allowable.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record does not teach or suggest a method for preparing a blend of at least two heat-modified starches, wherein the starches are of distinct botanical origins, and wherein the method includes: a step of a) preparing a starch milk containing at least two starches of distinct botanical origins; b) a step of treating the milk under alkaline conditions followed by dehydration and heat treatment for a period of time and at a temperature to obtain a blend of heat-modified starches; and c) pregelatinizing the blend using a method that causes a break in the granular structure of the starches.
The closest prior art of record is Okoniewska (US 2007/0219160 A1 to Okoniewska et al., published Sept. 20, 2007).
Okoniewska discloses a starch composition with high total dietary fiber (TDF) that retains its TDF upon processing that is useful in the manufacture of high fiber food products, including extruded products such as breakfast cereals and snacks, wherein the starch is chemically crosslinked with sodium trimetaphosphate/tripolyphosphate and is subsequently heat-moisture treated, and wherein the starch can originate from various sources, such as remnants of plant materials, resistant starch, lignin and minor (abstract; [0006]; [0018] to [0021]; Examples of Okoniewska).
However, Okoniewska does not teach/suggest its method of preparing its heat-modified starch including the step of pregelatinizing the blend using a method that causes a break in the granular structure of the starches, as specified in present independent claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN J FIGUEROA whose telephone number is (571)272-8916. The examiner can normally be reached on 8:30 am -6:00 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JOSEPH DEL SOLE can be reached on 571-272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN J FIGUEROA/Primary Examiner, Art Unit 1763
May 30, 2026
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