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 .
Claim Objections
Claim 25 is objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim cannot make reference to two sets of claims to different features. See MPEP § 608.01(n) B(3). Accordingly, the claim 25 is not been further treated on the merits.
Election/Restrictions
Applicant’s election of claims 15-17,19-26 in the reply filed on 5/14/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 1-14 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim.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)(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.
Claim(s) 15-17,19-24,26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vrljic(US 2015/0305390).
Regarding claims 15,16,22,23,26, Vrljic teaches a crosslinked texturized food stuff comprising protein, water and at least residues of a crosslinking agent(para 16, 71,169). The cross-linking enzyme can be, for example, a transglutaminase, a tyrosinase, a lipoxygenase, a protein disulfide reductase, a protein disulfide isomerase, a sulfhydryl oxidase, a peroxidase, a hexose oxidase, a lysyl oxidase, or an amine oxidase(para 161). These enzymes according to the instant spec form at least one s-(y-glutamyl)lysine bridge, or one LPXTG motif bridge or one Schiff-Base or one aldol condensation product or o-quinone or dityrosyl-type crosslinks.
Regarding claims 17,21, Vrljic teaches that the crosslinked texturized foodstuff replicates fascia type animal tissues(para 235-237)
Vrljic further teaches that “The fibrous nature of fascia type connective tissue is largely comprised of collagen fibers. Collagen fibers are observed to be cord or tape shaped species, 1-20 microns wide. These fibers consist of closely packed thin collagen fibrils 30 to 100 nanometers thick. These fibrils also associate into elastic and reticular fibrous networks with individual fibers that may be 200 nanometers thick.”(para 237).
Therefore, the crosslinked texturized foodstuff is fibrillar and elastic. Vrljic is silent on the Young’s modulus and elastic modulus of the crosslinked texturized foodstuff. However, Vrljic teaches forming the composition in the same manner as recited in claim 1 and in the instant spec including freeze alignment and then heating of plant proteins such as pea proteins(para 145 Vrljic). Therefore, one of ordinary skill in the art would expect the composition of the prior art to have the claimed properties.
Regarding claim 19, Vrljic teaches that the crosslinked texturized foodstuff comprises lipids and fiber derived from a plant(paras 18 and 39).
Regarding claim 20, Vrljic teaches that the crosslinked texturized foodstuff comprises 75% water(para 259).
Regarding claim 24, Vrljic teaches heating the composition to 100C, which would inactivate the enzymes(para 389).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE D LEBLANC whose telephone number is (571)270-1136. The examiner can normally be reached 8AM-4PM EST M-F.
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, 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.
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.
/KATHERINE D LEBLANC/ Primary Examiner, Art Unit 1791