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 III claim 13 in the reply filed on 6/15/2026 is acknowledged. Claims 1-11, 14-21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions, there being no allowable generic or linking claim.
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.
Claim 13 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by IDS reference Balasubramanian (US 20140234476), hereinafter IDS reference Balasubramanian.
Regarding claim 13, IDS reference Balasubramanian (US 20140234476) teaches
a method of increasing the turbidity of a beverage comprising the step of adding
a soluble citrus fiber (such as by adding "orange pomace co-product"
described in para 44, which comprises "soluble fiber" as seen in Table on
page 12, 1st column - see just above para 112) to a beverage (see
"beverage" disclosed in para 44).
Note that in Balasubramanian, para 115 describes that "as addition of greater amounts of orange pomace co-product provides to the nectar juice products increases the measured viscosity of the nectar juice product" and that as "pomace is added" the beverages "become more turbid or hazy" as the pomace brings significant "cloud" and gives "mouthfeel similar to 100% juices and the nutritional content of the nectar also increases". Further, para 111 describes "Example 1" in which "orange pomace" and para 44 describes "when the co-product comprises orange pomace co-product, approximately 10 percent by weight of "wet basis", or "as is" co-product--as opposed to dehydrated
powder--a beverage comprising co-product would need to be orange pomace co-product to make a beverage that is a "good source of fiber." Likewise, approximately 20 percent by weight of a beverage comprising co-product would need to be orange pomace coproduct to make a beverage that is an "excellent source of fiber", and that "soluble citrus fiber" is included in "Orange Pomace Car-Product" is also shown in Table on page 12, 1st column - see just above para 112.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-20040052910-A1 to Nakamura (Para 58 and para 266) and US-20160015777-A1 to Traylor (para 118, 141) are being cited as pertinent as they teach beverages where turdity increasing or decreasing is known and also using soluble fibers from citrus is also taught
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JYOTI CHAWLA whose telephone number is (571)272-8212. The examiner can normally be reached M-F 9:30- 5:30.
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/JYOTI CHAWLA/Primary Examiner, Art Unit 1791
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