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 .
The amendment filed 6/10/2026 has been entered. Claims 2-8 are pending. Prior objections and rejections not included below are withdrawn in view of Applicant’s arguments and amendments.
Terminal Disclaimer
The terminal disclaimer filed on 6/10/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of any patent granted on Application Number 18669871 has been reviewed and is accepted. The terminal disclaimer has been recorded.
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.
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.
Claim(s) 2-8 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 5104674) in view of Furuta (“Rheological properties of water-soluble soybean polysaccharides extracted under weak acidic condition”, DOI: 10.1016/S0268-005X(99)00009-0, May 1999).
Regarding Claim 2, Chen teaches a composition for e.g. dressings, dips, and spreads (Abstract), which are the same as sauces, comprising egg and polysaccharide (Column 45, Example 3). Chen teaches that the composition provides a “thick consistency” (Column 9, Line 44). Chen therefore teaches an “egg sauce”.
Chen teaches an egg sauce comprising polysaccharides but does not address the use of a pullulan or water-soluble polysaccharide selected from soybean or pea seeds, or the viscosity of the polysaccharide in a 10 wt% aqueous solution.
Furuta teaches that a 10 wt% solution of a water-soluble polysaccharide extracted from soybean seed residue (Introduction, Paragraph 1) has a viscosity of below 200 mPa*s at 20 °C (Page 270, Figure 2). Furuta teaches that the polysaccharide has thickening properties appropriate for food use (Page 273, Column 2, Paragraph 6).
Therefore, it would have been obvious to one having ordinary skill in the art before the filing date of the claimed invention to utilize the polysaccharide of Furuta in the composition of Chen. One would have been motivated to make such a modification since Chen teaches the use of polysaccharides in food, and Furuta teaches a polysaccharide appropriate for food use. The selection of a known material based on its suitability for its intended use support a prima facie obviousness determination. See MPEP 2144.07
Regarding Claim 3, Chen teaches the use of the composition in food (Abstract).
Regarding Claim 4, Chen teaches a method for producing a food product (which comprises eggs (Column 45, Example 3). The polysaccharide is prepared with eggs (Column 45, Lines 15-16) in a ratio of 2:5 (Column 45, Line 16), which lies within the claimed range of part C). The mixture of polysaccharide and eggs is heated (Column 45, Line 20).
Chen teaches a method for the egg sauce as claimed but does not address the use of a pullulan or water-soluble polysaccharide selected from soybean or pea seeds, or the viscosity of the polysaccharide in a 10 wt% aqueous solution.
Furuta teaches that a 10 wt% solution of a water-soluble polysaccharide extracted from soybean seed residue (Introduction, Paragraph 1) has a viscosity of below 200 mPa*s at 20 °C (Page 270, Figure 2). Furuta teaches that the polysaccharide has thickening properties appropriate for food use (Page 273, Column 2, Paragraph 6).
Therefore, it would have been obvious to one having ordinary skill in the art before the filing date of the claimed invention to utilize the polysaccharide of Furuta in the method of Chen. One would have been motivated to make such a modification since Chen teaches the use of polysaccharides in food, and Furuta teaches a polysaccharide appropriate for food use. The selection of a known material based on its suitability for its intended use support a prima facie obviousness determination. See MPEP 2144.07
Regarding the limitation that the method is for producing an “egg sauce”, Chen teaches the use of the composition in e.g. a dressing (which is the same as a sauce) comprising eggs (Column 54, Example 10).
Regarding Claim 5, Chen teaches heating to 110 °F, which is 43.4 °C (Column 45, Line 20).
Regarding Claim 6, Chen teaches the use of the composition in e.g. a dressing (which is the same as a sauce) comprising eggs (Column 54, Example 10).
Regarding Claim 7, Chen teaches a method for producing a food product (which comprises eggs (Column 45, Example 3). The polysaccharide is prepared with eggs (Column 45, Lines 15-16) in a weight ratio of 2:5 (Column 45, Line 16), which lies within the claimed range. The mixture of polysaccharide and eggs is heated (Column 45, Line 20).
Chen teaches a method for the egg sauce as claimed but does not address the use of a pullulan or water-soluble polysaccharide selected from soybean or pea seeds, or the viscosity of the polysaccharide in a 10 wt% aqueous solution.
Furuta teaches that a 10 wt% solution of a water-soluble polysaccharide extracted from soybean seed residue (Introduction, Paragraph 1) has a viscosity of below 200 mPa*s at 20 °C (Page 270, Figure 2). Furuta teaches that the polysaccharide has thickening properties appropriate for food use (Page 273, Column 2, Paragraph 6).
Therefore, it would have been obvious to one having ordinary skill in the art before the filing date of the claimed invention to utilize the polysaccharide of Furuta in the method of Chen. One would have been motivated to make such a modification since Chen teaches the use of polysaccharides in food, and Furuta teaches a polysaccharide appropriate for food use. The selection of a known material based on its suitability for its intended use support a prima facie obviousness determination. See MPEP 2144.07
Regarding the limitation of “promoting thickening of an egg sauce”, Chen teaches the use of the composition in e.g. a dressing (which is the same as a sauce) comprising eggs (Column 54, Example 10). Chen teaches that the composition provides a “thick consistency” (Column 9, Line 44), and that the resulting sauce is “viscous” (Column 54, Line 41). The composition of Chen is therefore interpreted to promote thickening of an egg sauce, as claimed.
Regarding Claim 8, Chen teaches heating to 110 °F, which is 43.4 °C (Column 45, Line 20).
Response to Arguments
Applicant’s arguments filed 6/10/2026 have been fully considered.
Applicant’s arguments with respect to claim(s) 2-8 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 DEBORAH LIU whose telephone number is (571)270-5685. The examiner can normally be reached 12-8 Eastern Time.
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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.
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/D.L./
Examiner, Art Unit 1791
/Nikki H. Dees/Supervisory Patent Examiner, Art Unit 1791
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