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 .
DETAILED ACTION
Status of Claims
Note: The amendment of June 8th 2026 has been considered.
Claim 1 has been amended.
Claims 10-17 were cancelled.
Claim 18 was added
Claims 1-9 and 18 are pending and examined in the current application.
Any rejections not recited below have been withdrawn.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35 of the U.S. Code not included in this action can be found in a prior Office action.
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 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Smarrito-Menozzi et al. (USPat.Pub. 2018/0055079 A1) in view of NPL Ohyama et al., “Synthesis of Bitter Peptides Composed of Aspartic Acid and Glutamic Acid” (from Agricultural Biol. Chem., 52 (3), 871-872, 1988).
Regarding claim 1: Smarrito-Menozzi discloses a non-dairy creamer composition comprising sodium caseinate, and at least two naturally occurring is disclosed (see Smarrito-Menozzi abstract). Moreover, Smarrito-Menozzi discloses adding the claimed amino acids at relative contents that will provide desired flavor effect (see Smarrito-Menozzi paragraphs [0028]-[0031]). Therefore, it would have been obvious to a skilled artisan at the time the application was filed to have modified Smarrito-Menozzi and to have adjusted the relative contents and combinations of the added amino acids, and thus arrive at the claimed limitations. As set forth in MPEP §2144.05 discovering an optimum value of a result effective variable, involves only routine skill in the art.
Regarding claims 2-3: Smarrito-Menozzi discloses adding a sweetener (e.g,. glucose syrup) at an amount to attain desired flavor (see Smarrito-Menozzi paragraph [0035]). Therefore it would have been obvious to a skilled artisan at the time the application was filed to have modified Smarrito-Menozzi and to have adjusted the content of the sweetener in order to attain desired flavor, and thus arrive at the claimed limitations. As set forth in MPEP §2144.05 discovering an optimum value of a result effective variable, involves only routine skill in the art.
Regarding claims 4 and 5: Smarrito-Menozzi discloses the creamer composition comprises from 1wt% to 40wt% non-dairy fat (e.g., coconut oil) (see Smarrito-Menozzi paragraphs [0032]-[0033]).
Regarding claims 6 and 7: Smarrito-Menozzi discloses the creamer composition comprises from mono, di-glycerides and sodium stearoyl lactylate (see Smarrito-Menozzi paragraphs [0045], [0046] and [0092]).
Regarding claim 8: Smarrito-Menozzi does not disclose the non-dairy creamer comprises any stabilizers, chelating agents, phosphates and/or buffering agents.
Regarding claim 9: Smarrito-Menozzi discloses a non-dairy creamer composition may be spray-dried (see Smarrito-Menozzi paragraph [0034]).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Smarrito-menozzi as applied to claims 1-9 above, and further in view of NPL Ohyama et al., “Synthesis of Bitter Peptides Composed of Aspartic Acid and Glutamic Acid” (from Agricultural Biol. Chem., 52 (3), 871-872, 1988).
Regarding claim 18: Smarrito-menozzi fails to disclose the exclusion of aspartic and glutamic acid; However, given the fact linking amino acids (e.g., glycine, alanine, valine, leucine) to the carboxyl groups of aspartic or glutamic acid had been shown, although aspartic acid and glutamic acid are less perceptively bitter, to elicit a bitter taste when they compose the peptide (see NPL Ohyama et al., “Synthesis of Bitter Peptides Composed of Aspartic Acid and Glutamic Acid” (from Agricultural Biol. Chem., 52 (3), 871-872, 1988), whole document). Therefore, excluding aspartic acid and glutamic acid from the non-dairy creamer to reduce the bitter taste of the creamer would have been within the purview of a skilled artisan.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASSAF ZILBERING whose telephone number is (571)270-3029. The examiner can normally be reached on M-F 8:30-5:00.
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/ASSAF ZILBERING/Examiner, Art Unit 1792
