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 Claims 7-8 in the reply filed on 08/20/2026 is acknowledged.
Claims 1-6 and 9-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 08/20/2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 7-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakauma (US 2017/0099866 A1).
Regarding claim 7, Nakauma teaches a method for producing a liquid emulsion composition (concentrated liquid food Abstract; protein having emulsifiablity, prevent aggregation with dispersion stability Par. 0021)
comprising a step of blending and mixing water (mixing ingredients, aqueous solution Par. 0211-0214).
an oil and fat in an amount of 50 mass% or less (lipid content of preferably 0.5 mass % to 20.0 mass % Par. 0192)
a cyclodextrin (carbohydrates may include cyclodextrin Par. 0193)
a water-soluble gelling agent (polysaccharide that becomes gelated such as gellan gum Par. 0103). Though Nakauma is silent regarding the water solubility of gellan gum, paragraph 0021 of applicant’s specification filed 03/29/2024 discloses gellan gum as a suitable water-soluble gelling agent.
and a dextrin (carbohydrates may include dextrin Par. 0193)
Regarding claim 8, Nakauma further teaches blending and mixing an ionic substance (citric acid as chelating agent Par. 0179). Paragraph 0027 of applicant’s specification filed 03/29/2024 discloses citric acid as a suitable ionic substance.
Claim 7 is additionally rejected under 35 U.S.C. 102(a)(1) as being anticipated by Muneaki (JP 2021052739 A), translation found in applicant’s IDS filed 0326/2024.
Regarding claim 7, Muneaki teaches a method for producing a liquid emulsion composition (ice cream like emulsion Claim 1)
comprising a step of blending and mixing water (Claim 8)
an oil and fat in an amount of 50 mass% or less (oil and fat claim 1; composition contains oil or fat in amount of preferably 5% to 20% by weight Par. 0019)
a cyclodextrin (Claim 1)
a water-soluble gelling agent (Claim 4)
and a dextrin (Claim 1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Konda (US 2019/0008187 A1) teaches a dispersion stabilizer to stabilize the dispersion of solids in fat containing liquids (Abstract, Par. 0012).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARIEL M RODGERS whose telephone number is (571)272-7857. The examiner can normally be reached Monday - Friday 9:00 am - 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Erik Kashnikow can be reached at 5712703475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.M.R./Examiner, Art Unit 1792
/ERIK KASHNIKOW/Supervisory Patent Examiner, Art Unit 1792
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