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 .
Election/Restrictions
Applicant's election with traverse of Group I in the reply filed on 5/19/2026 is acknowledged. The traversal is on the ground(s) that there is no serious burden examining all inventions. This is not found persuasive because examining all inventions requires mandatory searching of additional classes which is unduly burdensome.
The requirement is still deemed proper and is therefore made FINAL.
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 1-12, 15 and 16 are 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.
The phrase “fatty acids … by weight” in claim 1, line 3 is vague and indefinite as it is unclear whether the weight is per all fatty acids or per the weight of the composition.
The phrase “fatty acids … by weight” in claim 1, lines 4-5 is vague and indefinite as it is unclear whether the weight is per all fatty acids or per the weight of the composition.
The phrase “fatty acids … by weight” in claim 1, lines 6-7 is vague and indefinite as it is unclear whether the weight is per all fatty acids or per the weight of the composition.
The phrase “sum of mono-unsaturated C40:1 to C48:1 triglycerides” in claim 1, line 8 is vague and indefinite as it is unclear if Applicant means “triglycerides” as literally stated or “fatty acids” as C40:1 to C48:1 are mono-unsaturated fatty acids
The phrase “triglycerides … by weight” in claim 1, lines 8-9 is vague and indefinite as it is unclear whether the weight is per all fatty acids or per the weight of the composition.
The phrase “wherein the vegetable fat composition consists of fully hydrogenated palm kernel stearin and one other vegetable fat component selected from the group consisting of palm kernel oil, coconut oil, high lauric rapeseed oil, or a blend thereof, and/or fractions thereof” in claim 1, lines 10-12 is vague and indefinite as it is unclear how one can determine whether the composition contains any of palm kernel stearin as no amount is set forth like 0.1% or 1% or 10% or 99%. Identical triglycerides can be found in other oils as in palm kernel stearin. Thus, it seems possible there can be a composition that that does not include palm kernel stearin that is identical to a composition that includes palm kernel stearin. The claims are not directed to a method of making a composition, thus, it appears impossible for sure to know what the source of the oils is.
The phrase “wherein the vegetable fat composition consists of fully hydrogenated palm kernel stearin and one other vegetable fat component selected from the group consisting of palm kernel oil, coconut oil, high lauric rapeseed oil, or a blend thereof, and/or fractions thereof” in claim 1, lines 10-12 is vague and indefinite as it is unclear how one can determine whether the composition is limited to the listed ingredients and does not include a small amount of soybean oil with 3 esterified fatty acids chains of C18:0 as this type of triglyceride is identical to triglycerides in other oils like rapeseed oil. The claims are not directed to a method of making a composition, thus, it appears impossible for sure to know what the source of the oils is.
Claim 2 recites the limitation "fully hydrogenated palm kernel stearin" in line 2. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "the fully hydrogenated palm kernel stearin".
Claim 2 recites the limitation "palm kernel oil" in line 3. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "the palm kernel oil ".
Claim 2 recites the limitation "palm kernel oil" in line 4. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "the palm kernel oil.
The phrase “wherein the sum of mono-unsaturated C40:1 to C48:1 triglycerides is the sum of monounsaturated C40:1 triglycerides+C42:1 triglycerides+C44:1 triglycerides+C46:1 triglycerides+C48:1 triglycerides” in claim 6, lines 1-4 is vague and indefinite as it is vague and indefinite as it is unclear if Applicant means “triglycerides” as literally stated or “fatty acids” as C40:1 to C48:1 are mono-unsaturated fatty acids.
The phrase “wherein the vegetable fat composition is a Cocoa Butter Substitute” in claim 10 is vague and indefinite as it is unclear what is the difference between a composition that is a “Cocoa Butter Substitute” and one that is not. It is unclear whether a particular triglyceride profile and polyphenol amount are required.
Clarification and/or correction.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-12 and 15-16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Bhaggan et al. (US 2021/0289807) with evidence by Ibrahim, CHARACTERISTICS OF MALAYSIAN PALM KERNEL AND ITS PRODUCTS, Journal of Oil Palm Research Vol. 25 (2) August 2013, p. 245-252.
The claims are interpreted as being directed to a composition and not a method of making. Any method language is interpreted to the extent that it further describes the composition.
The claims are interpreted as being directed to a composition and not a method of making. Any method language is interpreted to the extent that it further describes this application.
The source of the fats used in the composition as described in claims 1, 2, 8, 9 do not further define the fat composition. The fat composition is substantially defined by the fatty acid and triglycerides profiles which are taught by the cited prior art. Furthermore, the cited does teach using the same sources of fats as Applicant does.
Claims 10-12 and 15-16 are not interpreted as further defining the fat composition but rather how one may use the composition.
Regarding claims 1, 2, 8-12 and 15-16, Bhaggan (‘807) teaches a vegetable fat composition for edible applications, wherein, in said vegetable fat composition, the: sum of saturated fatty acids is in the range from 93.0% to 99.0% by weight; sum of saturated C12:0 fatty acids is in the range from 40.0% to 60.0% by weight; sum of mono-unsaturated C18:1 fatty acids is in the range from 1.0% to 6.0% by weight; and; sum of mono-unsaturated C40:1 to C48:1 triglycerides is in the range from 1.0% to 5.5% by weight (See Abs., paras. 56-59, 97.5% saturated fatty acids, 48% C12:0, 2% C18:1. See as evidence where Table 3 of Ibrahim (2013) where the same oil as Bhaggan (‘807) has the sum of mono-unsaturated C40:1 to C48:1 triglycerides is 5.1%, C40:1 and C42:1.).
Regarding claim 3, Bhaggan (‘807) teaches wherein the sum of saturated fatty acids is in the range from 93.5% to 99.0% by weight (See Abs., paras. 56-59, 97.5% saturated fatty acids.).
Regarding claim 4, Bhaggan (‘807) teaches wherein the sum of mono-unsaturated C18:1 fatty acids is in the range from 1.5% to 6.0% by weight (See Abs., paras. 56-59, 2% C18:1.).
Regarding claim 5, Bhaggan (‘807) teaches wherein the sum of mono-unsaturated C40:1 to C48:1 triglycerides is in the range from 1.5% to 5.5% by weight (See Abs., paras. 56-59. See as evidence where Table 3 of Ibrahim (2013) where the same oil as Bhaggan (‘807) has the sum of mono-unsaturated C40:1 to C48:1 triglycerides is 5.1%, C40:1 and C42:1.).
Regarding claim 6, Bhaggan (‘807) teaches wherein the sum of mono-unsaturated C40:1 to C48:1 triglycerides is the sum of monounsaturated C40:1 triglycerides+C42:1 triglycerides+C44:1 triglycerides+C46:1 triglycerides+C48:1 triglycerides (See Abs., paras. 56-59. See as evidence where Table 3 of Ibrahim (2013).).
Regarding claim 7, Bhaggan (‘807) inherently teaches wherein the iodine value (IV) of the vegetable fat composition is in the range from 1.0 to 6.5 (See Abs., paras. 56-59 where the composition is the same.).
Claim(s) 1-12 and 15-16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ornla-ied P, Podchong P, Sonwai S. Synthesis of cocoa butter alternatives from palm kernel stearin, coconut oil and fully hydrogenated palm stearin blends by chemical interesterification. J Sci Food Agric. 2022 Mar 15;102(4):1619-1627. doi: 10.1002/jsfa.11498. Epub 2021 Sep 1. PMID: 34405412.
NOTE: If applicant can provide evidence that the disclosure of the earliest filed application is substantially the same as this application then this rejection may be withdrawn.
The claims are interpreted as being directed to a composition and not a method of making. Any method language is interpreted to the extent that it further describes the composition.
The claims are interpreted as being directed to a composition and not a method of making. Any method language is interpreted to the extent that it further describes this application.
The source of the fats used in the composition as described in claims 1, 2, 8, 9 do not further define the fat composition. The fat composition is substantially defined by the fatty acid and triglycerides profiles which are taught by the cited prior art. Furthermore, the cited does teach using the same sources of fats as Applicant does.
Claims 10-12 and 15-16 are not interpreted as further defining the fat composition but rather how one may use the composition.
Regarding claims 1-12 and 15-16, Ornla-Ied (2021) teaches a vegetable fat composition for edible applications, wherein, in said vegetable fat composition, the: sum of saturated fatty acids is in the range from 93.0% to 99.0% by weight; sum of saturated C12:0 fatty acids is in the range from 40.0% to 60.0% by weight; sum of mono-unsaturated C18:1 fatty acids is in the range from 1.0% to 6.0% by weight; and sum of mono-unsaturated C40:1 to C48:1 triglycerides is in the range from 1.0% to 5.5% by weight; wherein the vegetable fat composition consists of fully hydrogenated palm kernel stearin and one other vegetable fat component selected from the group consisting of palm kernel oil, coconut oil, high lauric rapeseed oil, or a blend thereof, and/or fractions thereof (See entire document, specifically tables 1 and 2 with the blend of 60:10:30, where the C18:1 content is 3.35% and SUS 4.13%.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENT T O'HERN whose telephone number is (571)272-6385. The examiner can normally be reached M-Th 5:00 am - 3:30 pm.
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/BRENT T O'HERN/ Primary Examiner, Art Unit 1793 June 9, 2026
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