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 without traverse of Group I claims 1-6 in the reply filed on 01/20/2026 is acknowledged. Claims 7-8 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected inventions, there being no allowable generic or linking claim.
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.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lunde US 2023/0276826 as evidenced by Milevich RU 2373771C1 (Translation).
Regarding claim 1, Lunde discloses a composition (additives of meat analogue) capable of being used as a browning agent for a food product (the non-meat protein containing material of the meat analogue) ([0045], [0173]) comprising a (A) a pigment compound selected from the group consisting of betalain ([0063], [0067]-[0073]); (B) multicopper oxidase (laccase enzyme) ([0074], [0063]); and (C) a polysaccharide (pectin) ([0063], [0067]-[0073]) (beetroot powder inherently contains pectin as further evidenced by Milevich (Translation Pg. 4, lines 4-5)).
Regarding claim 2, Lunde discloses that component C is pectin (beetroot powder inherently contains pectin as further evidenced by Milevich (Translation Pg. 4, lines 4-5)).
Regarding claim 3, Lunde discloses that the component A is betalain ([0063], [0067]-[0073]);
Regarding claim 4, Lunde discloses that the browning agent comprises a beet pigment (beetroot powder) containing compound A ([0063], [0067]-[0073]);
Regarding claim 5, Lunde discloses that the (B) multicopper oxidase is laccase (laccase enzyme) ([0074], [0063]).
Regarding claim 6, regarding the food product being a meat-like processed food product for heating, this is seen to be further limiting the intended use of the browning agent, which does not result in a structural difference to the browning agent (MPEP 2111.02).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Mueller US 2021/0236577 discloses that Betanin is a betalain ([0051])
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEY AXTELL whose telephone number is (571)270-0316. The examiner can normally be reached M-F 9:00- 5:30.
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, ERIK KASHNIKOW can be reached at 571-270-3475. 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.
/A.A/
Ashley AxtellExaminer, Art Unit 1792
/VIREN A THAKUR/Primary Examiner, Art Unit 1792