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 § 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) 1-8,10-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dombroski(WO 2018067373) in view of Han(Sun-Flour:Make Your Own Gluten-Free Sunflower Seed Flour).
Regarding claims 1,2,7,8, Dombroski teaches a foodstuff comprising a food coating on its exterior surface, wherein said food coating comprises(table 8)
i)between 50 to 90% legume flour such as peanut flour and water, which combined makes a legume(peanut) paste(para 82 and 93).
ii)between 0.2 and 2% liquid oil such as high oleic sunflower oi, soybean oil, and peanut oil(para 93, table 9)
Dombroksi teaches coating the foodstuff such that the it “contains no leaking” after being heated to a temperature of 37C for three minutes. Therefore, it would have been obvious to maximize the percent of exterior foodstuff, e.g. 100%, in order to prevent leaking from the foodstuff upon heating.
Dombroksi teaches that the coating can contain a variety of flours(para 66) and that the coating can provide a crispy texture(para 87) but is silent on the use of sunflower flour. However, Han teaches that sunflower flour is gluten free, rich in protein, and is mildly sweet and nutty yet neutral enough to use in many baked goods(p.2). It would have been obvious to use sunflower flour in the coating of Dombroksi since it provides a crispy texture and is gluten free, rich in protein, and is mildly sweet and nutty yet neutral enough to use in many baked goods. It would have been obvious to adjust the amount of sunflower flour present depending on the desired level of crispiness.
Regarding claims 3,15, Dombroski teaches that the foodstuff comprises chocolate and does not require any animal or animal-derived products for the foodstuff or the coating(paragraph 51)
Regarding claim 4, Dombroski is silent on a liquid oil: flour ratio of between 3:2 to 1:3. However, Dombroksi teaches that the purpose of the coating is to prevent leakage when the chocolate foodstuff is heated to a temperature of 37C(para 5). Therefore, it would have been obvious to adjust the ratio of liquid oil to flour in order to prevent leakage from the foodstuff upon heating.
Furthermore, it would have been obvious to adjust the amount of sunflower flour present depending on the desired level of crispiness.
Regarding claim 5, Dombroski teaches the foodstuff and coating of claim 1, wherein the foodstuff can be chocolate and the oil such as sunflower oil can comprise unsaturated fat(table 9, para 51). Therefore, one of ordinary skill in the art would expect the composition of the prior art to have the properties of the claimed invention, including amounts of saturated fat.
Regarding claim 6, Dombroski is silent on the particle size of the flour. However, Dombroksi teaches that the purpose of the coating is to prevent leakage when the chocolate foodstuff is heated to a temperature of 37C(para 5). Therefore, it would have been obvious to adjust the particle size of the flour in order to prevent leakage from the foodstuff upon heating.
Regarding claims 10, 17 and 19, Dombroksi does not specifically teach that the sunflower flour is partially defatted and comprises about 45% protein, about 12% fibres and about 12% fat. However, Dombroksi teaches that the purpose of the coating is to prevent leakage when the chocolate foodstuff is heated to a temperature of 37C(para 5). Therefore, it would have been obvious to adjust the amounts of fat, protein, and fiber in the sunflower flour through defatting in order prevent leakage from the chocolate foodstuff.
Regarding claims 11-14, Dombroski teaches that the coating comprises legume paste(legume flour and water) with liquid oil and flour. While Dombroski teaches alternating layers as an embodiment, it is only mentioned as a preferred embodiment, and a general coating is taught comprising all wet and dry ingredients(claim 1). As such, it would have been obvious to form the coating by mixing legume paste(legume flour and water) with liquid oil and flour using conventional devices such a high shear mixer. It would have been obvious to adjust the order to adding ingredients and to refine the mixture in order to provide an effective coating that prevents leakage from the foodstuff when heated to 37C for three minutes.
Regarding claim 16 and 18, Regarding claims 1,2,7,8, Dombroski teaches a foodstuff comprising a food coating on its exterior surface, wherein said food coating comprises(table 8)
i)between 50 to 90% legume flour such as peanut flour and water, which combined makes a legume(peanut) paste(para 82 and 93).
ii)between 0.2 and 2% liquid oil such as high oleic sunflower oi, soybean oil, and peanut oil(para 93, table 9)
Dombroksi teaches coating the foodstuff such that the it “contains no leaking” after being heated to a temperature of 37C for three minutes. Therefore, it would have been obvious to maximize the percent of exterior foodstuff, e.g. 100%, in order to prevent leaking from the foodstuff upon heating.
Dombroksi teaches that the coating can contain a variety of flours(para 66) and that the coating can provide a crispy texture(para 87) but is silent on the use of sunflower flour. However, Han teaches that sunflower flour is gluten free, rich in protein, and is mildly sweet and nutty yet neutral enough to use in many baked goods(p.2). It would have been obvious to use sunflower flour in the coating of Dombroksi since it provides a crispy texture and is gluten free, rich in protein, and is mildly sweet and nutty yet neutral enough to use in many baked goods. It would have been obvious to adjust the amount of sunflower flour present depending on the desired level of crispiness.
Dombroksi does not specifically teach that the food coating comprises between 3% and 12% of liquid oil. However, Dombroksi teaches that the purpose of the coating is to prevent leakage when the chocolate foodstuff is heated to a temperature of 37C(para 5). Therefore, it would have been obvious to adjust the amounts of liquid oil in the coating in order prevent leakage from the chocolate foodstuff.
Response to Arguments
Applicant's arguments filed 12/31/2025 have been fully considered but they are not persuasive.
Please see the new rejection addressing the presence of peanut paste and sunflower flour, as necessitated by amendment.
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).
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 KATHERINE D LEBLANC whose telephone number is (571)270-1136. The examiner can normally be reached 8AM-4PM EST M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nikki Dees can be reached at 571-270-3435. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KATHERINE D LEBLANC/Primary Examiner, Art Unit 1791
Prosecution Insights