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, 2, 5-7 and 9-11 in the reply filed on June 11, 2026 is acknowledged.
Claims 12, 14, 16, 19-24, 26, 29 and 42 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on June 11, 2026.
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 2 and 11 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.
Regarding claim 2, the recitation “wherein at least one plant material is selected from the group consisting of apricot kernels, plum kernels, peach kernels, cherry kernels, jackfruit seeds, grape seeds, carob, barley malt, oats, beans and combinations thereof” renders the claim indefinite. First, claim 1 does not recite the plant material barley malt. Therefore, claim 2 does not further limit claim 1. Does Applicant intend to claim wherein at least one plant material is selected from the group consisting of apricot kernels, plum kernels, peach kernels, cherry kernels, jackfruit seeds, grape seeds, carob, cereals, oats, beans and combinations thereof wherein the cereals is barley malt?
Regarding claim 11, the recitation of (ii), (iii), (iv), (v), and (vi) render the claim indefinite. Claim 1, from which claim 11 depends does not recite the plant materials barley malt, buckwheat or fava beans. Does Applicant intend to further limit beans to fava beans, cereals to barley malt or non-cereal grains to buckwheat?
Moreover, the recitation of (i) to (vii) render the claim indefinite. Claim 1, from which claim 11 depends does not recite glucose, lysine, glycine, isoleucine, leucine or phenylalanine. Does Applicant intend to further limit saccharide to glucose and amino acid to glycine, lysine, isoleucine, leucine and phenylalanine?
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 5-7 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hill et al. (US 1,643,011).
Regarding claims 1 and 2, Hill et al. disclose a leavened bread comprising yeast (i.e., plant material), sugar (i.e., saccharide, sucrose), malt (i.e., plant material), yeast food, water, flour, salt and lard (page 8/C1/L4-21).
Hill disclose the bread is made by mixing sugar (i.e., saccharide -sucrose), salt, water to make a yeast mixture; combine the yeast mixture, flour, malt, lard, sugar and salt to form a dough; placing the dough in a greased contained and allowed to rise at 83°F; proof the risen dough at 102°F for 1.5 hours and then bake in an oven at a temperature of 450°F for 30 minutes (page 8/C2/L82-109).
Hill et al. disclose a bread (i.e., flavor composition) comprising yeast, malt, and sugar (i.e., saccharide-sucrose) wherein the yeast and malt have been heated in the presence of sugar (i.e., saccharide-sucrose).
Regarding claim 5, Hill et al. disclose all of the claim limitations as set forth above. Given Hill disclose leavened bread wherein the yeast and malt have been heated in the presence of sugar (i.e., a saccharide – sucrose), the limitations of claim 5 are satisfied. Claim 1, from which claim 5 depends does not require the presence of an amino acid and/or amino acid derivative.
Regarding claims 6 and 7, Hill et al. disclose all of the claim limitations as set forth above. Hill et al. disclose sugar (i.e., saccharide). Here, sugar is considered to be sucrose and sucrose is a disaccharide.
Given Hill et al. disclose sucrose, a disaccharide, the limitations of claim 7 are satisfied. Claim 6, from which claim 7 depends only requires the saccharide is a monosaccharide, a disaccharide or a combination thereof.
Regarding claim 10, Hill et al. disclose all of the claim limitations as set forth above. Hill et al. is directed to a leavened bread wherein the bread does not comprise cocoa or cocoa-derived solids (see table page 8/C1/L4-21).
Claims 1, 5-7 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aida (“Mini Buckwheat Breads”, Balkan Lunch Box, March 13, 2017, https://balkanlunchbox.com/buckwheat-mini-breads-with-sunflower-seeds/, downloaded June 29, 2026.
Regarding claim 1, Aida discloses buckwheat bread comprising white flour, buckwheat flour (i.e., noncereal grain), yeast, sugar (i.e., saccharide-sucrose), butter, salt and sunflower seeds (Ingredients).
Aida discloses the bread is made by mixing yeast, sugar and lukewarm water to activate the yeasts, combining the activated yeast mixture with flours, salt, butter, sunflower seed, and warm water to make a dough; kneading the dough, rising the dough; kneading the risen dough and rising for second time, shaping the prepared dough and baking at 480F for 10 minutes and 415F for 15 minutes (see Instructions). Aida discloses yeast heat treated (i.e., baked) in the presence of sugar (i.e., saccharide-sucrose).
Regarding claim 5, Aida discloses all of the claim limitations as set forth above. Given Hill disclose leavened bread wherein the yeast and malt have been heated in the presence of sugar (i.e., a saccharide – sucrose), the limitations of claim 5 are satisfied. Claim 1, from which claim 5 depends does not require the presence of an amino acid and/or amino acid derivative.
Regarding claims 6 and 7, Aida discloses all of the claim limitations as set forth above. Aida disclose sugar (i.e., saccharide). Here, sugar is considered to be sucrose and sucrose is a disaccharide.
Given Aida et al. discloses sucrose, a disaccharide, the limitations of claim 7 are satisfied. Claim 6, from which claim 7 depends only requires the saccharide is a monosaccharide, a disaccharide or a combination thereof.
Regarding claim 10, Aida discloses all of the claim limitations as set forth above. Aida is directed to buckwheat bread wherein the bread does not comprise cocoa or cocoa-derived solids (see table page 8/C1/L4-21).
Claims 1, 2, 5-7, 9 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (CN 102943014 – WIPO English translation of claims and description).
Regarding claims 1, 2, 6 and 7, Li et al. disclose chocolate malt (i.e., flavor composition) comprising barley malt (i.e., cereal) and sugar syrup ( i.e., saccharide). Li et al. disclose wherein the sugar syrup is 75% by weight reducing sugar containing including glucose (i.e., monosaccharide-Summary of invention, claim 2). Li et al. disclose the combination of barley malt and sugar syrup is soaked water bath at 30°C for 2 hours and then at 60°C for 2 hours (i.e., heated). Li et al. disclose the soaked barely malt is ground and roasted gently at 130°C with a spray of sugar syrup to obtain chocolate malt (Summary of invention/Example 3).
Regarding claim 5, Li et al. disclose all of the claim limitations as set forth above. Given Li et al. disclose at least one saccharide, the limitations of claim 5 are satisfied. Claim 1, from which claim 5 depends only requires at least one amino acid and/or derivative, at least one saccharide or a combination thereof.
Regarding claim 9, Li et al. disclose all of the claim limitations as set forth above. Li et al. disclose the chocolate malt has a rich chocolate aroma (Summary of the invention). Therefore, the chocolate malt is considered a chocolate flavor composition.
Regarding claim 10, Li et al. disclose all of the claim limitations as set forth above. Li et al. disclose no cocoa powder is added during the production of making the chocolate malt (Summary of the invention).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Rusoff (US 2,887,386) teach an artificial chocolate flavor comprising partially hydrolyzed oat protein and a saccharide wherein the partially hydrolyzed oat protein and saccharide have been heat to a temperature of between 90°-130°C (C1/L15-17, C4/L42-54).
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ELIZABETH A. GWARTNEY
Primary Examiner
Art Unit 1759
/ELIZABETH GWARTNEY/Primary Examiner, Art Unit 1759
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