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 Interpretation
Independent system claim 1, as well as a plurality of dependent claims, claims 2, 7, 8, 10 and 11, recite clauses beginning “in particular”. Such clauses are deemed to recite limitations which are only optional or “preferred”, thus, not positively recited, and the claims are interpreted on the merits as not containing any of such clauses.
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.
Claims 1-18 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
The claims are replete with indefinite and ambiguous terminology which makes it unclear whether what is recited, are positively recited process limitations or merely optional, or renders the scope of such terminology ambiguous respectively, including: in claim 1, part a) “content of water in excess of any possible water of crystallization present”, claim 1, part b) “metering device assigned to the drying reactor” and “in particular 40 to 600C, claim 1, part c) “under the conditions mentioned in process step b” (what limitations of claim 1, part b) constitute “conditions”);
claim 2 “in particular 2.5 to 12 wt.-% water (each based on the total weight of the carbohydrate starting preparation)”;
claim 4, “at least one poorly-soluble carbohydrate” (soluble in what medium?, what degree of solubility constitutes poor solubility?), “in particular 1,1-GPM…”, “at least one well-soluble carbohydrate” (soluble in what medium?, what degree of solubility constitutes “well soluble”?) and “in particular sucrose…”; claims 7, 8, 10 and 11 (each of the plurality of clauses or terminology phrases beginning “in particular”.
In each of claims 10 and 11, “the conditioning” lacks antecedent basis (changing dependency of each claim, from claim 1 to claim 8 is suggested to overcome this rejection).
In each of claims 13-17, “the water-containing isomalt-containing starting preparation” or “the water-containing isomaltulose- and trehalulose-containing starting preparation” respectively lacks antecedent basis, since the preparation containing isomaltulose- and trehalulose-containing composition or an isomalt-containing composition is recited only in the alternative in independent claim 1.
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.
Claims 1-4, 6-11, 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Bensouissi Patent publication WO 2021158932 (the equivalent later published PGPUBS Document US 20230043868 utilized as an ‘English translation of the publication) (Bensouissi) in view of the Machine English translation of publication CN 101605466B (publication ‘466 or ‘466).
Referenced paragraph numbers of the Description of the applied PGPUBS Document translation and of the translation of the CN publication are identified with “[ ]” symbols.
For independent claim 1, Bensouissi discloses: A process for preparing a dried carbohydrate preparation from a water-containing crystalline carbohydrate starting preparation, comprising the process steps of:
providing a water-containing crystalline carbohydrate starting preparation having 0.4 to 22.5 wt. water, (based on the total weight of the carbohydrate starting preparation) [0047 re the composition containing water of between 0.2-10 wt% and [0049-0051 and 0096 re the composition containing carbohydrate crystals, selected from a wide range of carbohydrates and mixtures thereof],
wherein the carbohydrate starting preparation inherently has a content of water in excess of any possible water of crystallization present [0047 re the composition containing water up to a 10 wt%]] and
wherein the carbohydrate starting preparation is selected from the group consisting of a sucrose-containing composition, an isomaltulose- and trehalulose-containing composition and an isomalt-containing composition [0030 and 0051],
in a drying reactor [0091 and 0127 re “evaporating” (i.e. “drying”) the composition in a double-jacketed vessel at an elevated temperature, i.e. “drying reactor”] , and
carbohydrate particles [0092-0093 re also providing carbohydrate powder containing particles],
wherein the carbohydrate particles have a proportion of carbohydrate crystals with a diameter of less than or equal to 100 µm of at least 80 wt.-% [0092 re particle size diameter being from 30-500 um],
mixing in the carbohydrate particles via a mixing device assigned to the drying reactor into the water-containing crystalline carbohydrate [0091 and 0127 re mixing with a stirrer or vibrator] ,
the starting preparation presented in the drying reactor in an amount of 2 to 30 wt.-% (based on the total weight of the carbohydrate starting preparation) [0090 re DS content being between 10-80%],
at a pressure of 10 to 1100 mbar [0127 pressure of the evaporator or drying reactor being around 0.05 bar, i.e. about 50 mbar],
wherein the water-containing carbohydrate starting preparation presented in the drying reactor has a temperature of 20 to 80°C [0091 and 0127], and
homogenizing the obtained mixture by means of a mixing device under the conditions mentioned in process step b) to obtain a dried carbohydrate preparation [0098-0100 re mixing to achieve an homogenous slurry with a mixing device followed by instantly evaporating or drying part of the water of the preparation].
Claim 1, and claims dependent therefrom, all differ from Bensoussi, by requiring that the carbohydrate particles are mixed with a metering device, hence mixed, into the drying reactor.
CN Publication ‘466 teaches preparation of a food composition containing a carbohydrate selected from sucrose or glucose [0021-0023], including mixing the composition by a processor metering device [0030-0032 and 0047], the composition containing particles [0034]
It would have been obvious to one of ordinary skill in the art of carbohydrate preparation, to have modified the Bensouissi process, by metering the carbohydrate particles with a metering device, into the drying reactor, as taught by publication ‘466, in order to more fully automate the preparation, maintain a continuous process and maintaining a controlled or selected viscosity of the carbohydrate product as taught by ‘466 at [0031, 0047].
For claim 2, Bensouissi teaches wherein the water-containing crystalline carbohydrate starting preparation having 0.4 to 22.5 wt.-% content, (based on the total weight of the carbohydrate starting preparation) provided in process step a) has liquid-film- coated crystalline carbohydrate particles [0047 re moisture or water content of 0.2 to 10 wt.%] and
in process step c) a dried carbohydrate preparation is obtained from liquid-film-free crystalline carbohydrate particles [0064-0065 i.e. liquid-film-free particles].
For claim 3, Bensouissi teaches wherein the process is carried out continuously, semi-continuously or batchwise [0012 re “continuous mode”].
For claim 4, Bensouissi teaches wherein the water-containing carbohydrate starting preparation comprises at least one poorly-soluble carbohydrate with a solubility at 20°C in water of 5 to 53 g/100g, in particular (such as) 1,1-GPM, isomaltulose, glucose or mannitol [0014, 0030 and 0051 re poorly soluble glucose being present, and
at least one well-soluble carbohydrate with a solubility at 20°C in water of more than 53 g/100g, in particular (such as) sucrose, 1,6-GPS, fructose, trehalulose or sorbitol [0030 and 0051 re the composition containing fructose and trehalulose].
For claim 6, Bensouissi teaches wherein the carbohydrates of the water-containing carbohydrate starting preparation and the carbohydrate particles are the same [0049 and 0127 re starting composition of carbohydrate particles and later processing of such particles].
For claim 7, Bensouissi and CN ‘466 together teach wherein the carbohydrate particles are metered in in process step b) in an amount of 2 to 25 wt.-%, based on the total weight of the carbohydrate starting preparation [Bensouissi at 0049 re adding carbohydrate material crystal particles so as to be between 3 and 90% of a produced matrix] .
CN Publication ‘466 teaches preparation of a food composition containing a carbohydrate selected from sucrose or glucose [0021-0023], including mixing or metering in of the composition including particles, by a processor metering device [0030-0032 and 0047], the composition containing particles [0034]
It would have been obvious to one of ordinary skill in the art of carbohydrate preparation, to have modified the Bensouissi process, by metering the carbohydrate particles with a metering device, as taught by publication ‘466, in order to more fully automate the preparation, maintain a continuous process and maintaining a controlled or selected viscosity of the carbohydrate product as taught by ‘466 at [0031, 0047].
For claim 8, Bensouissi teaches wherein the metering-in of the carbohydrate particles in process step b) is carried out in a drying reactor free from excess pressure and negative pressure, or is carried out in a pressure drying reactor under a pressure of atmospheric pressure up to 1100 mbar [Bensouissi at 0091 and 0127 pressure of the evaporator or drying reactor being around 0.05 bar, i.e. about 50 mbar, thus free of excess or negative pressure].
CN Publication ‘466 teaches preparation of a food composition containing a carbohydrate selected from sucrose or glucose [0021-0023], including mixing or metering in of the composition including particles, by a processor metering device [0030-0032 and 0047], the composition containing particles [0034]
It would have been obvious to one of ordinary skill in the art of carbohydrate preparation, to have modified the Bensouissi process, by metering the carbohydrate particles with a metering device, as taught by publication ‘466, in order to more fully automate the preparation, maintain a continuous process and maintaining a controlled or selected viscosity of the carbohydrate product as taught by ‘466 at [0031, 0047].
For claims 9-11, Bensouissi teaches wherein following process step c), conditioning is carried out in a process step d) [0112-0113 re conditioning by cooling and/or milling at “atmospheric conditions”],
for claim 10, wherein the conditioning according to process step d) is carried out at a temperature of at least 30 °C [again see0112-0113 re conditioning by cooling and/or milling at “atmospheric conditions”, thus implying a temperature within the claimed range], or
for claim 11, wherein the conditioning according to process step d) is carried out at a pressure of 10 to 1100 mbar [again see [0112-0113 re conditioning by cooling and/or milling at “atmospheric conditions” implying pressure within the claimed range].
For claim 16, Bensouissi teaches wherein the water-containing isomalt-containing starting preparation has 1,1-GPS (1-O-alpha-D- glucopyranosyl-D-sorbitol), sorbitol, mannitol, or GPI (glucopyranosyl-iditol) or a mixture of two or more thereof [0030 and 0051].
For claim 17, Bensouissi teaches wherein the water-containing isomaltulose- and trehalulose-containing starting preparation has fructose, glucose, isomaltose or isomelecitose or a mixture of two or more thereof [0051].
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Bensouissi Patent publication WO 2021158932 (the equivalent later published PGPUBS Document US 20230043868 utilized as an ‘English translation of the publication) (Bensouissi) in view of the Machine English translation of publication CN 101605466B (publication ‘466 or ‘466), as applied to claims 1-4, 6-11, 16 and 17 above, and further in view of the Machine English translation of Publication FR 2,979,193 (Publication ‘193 or ‘193).
Referenced paragraph numbers of the Descriptions of the applied PGPUBS Documents are identified with “[ ]” symbols.
For claim 5, Bensouissi further discloses wherein the water-containing carbohydrate starting preparation is a water-containing sucrose-containing composition having crystalline sucrose and at least one further carbohydrate-containing component [0030, 0051].
Claim 5 further differs by requiring wherein the at least one further carbohydrate-containing component selected from the group consisting of invert sugar, caramel sugar syrup and cane sugar syrup.
Publication ’193 teaches to provide a crystallizable carbohydrate comprised of 90-99.7% sucrose plus small amounts of invert sugar (translation at Equivalent Abstract-Organic Chemistry, 1st paragraph).
It would have been further obvious to one of ordinary skill in the art of carbohydrate preparation, to have modified the Bensouissi process, by adding at least one further carbohydrate-containing component selected from the group consisting of invert sugar, to advantageously make the composition between 2 and 65 times sweeter and thus, have a more desirable taste, than present without such added additional carbohydrate (as also suggested by ‘193 at Equivalent Abstract-Organic Chemistry, 1st paragraph).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Bensouissi Patent publication WO 2021158932 (the equivalent later published PGPUBS Document US 20230043868 utilized as an ‘English translation of the publication) (Bensouissi) in view of the Machine English translation of publication CN 101605466B (publication ‘466 or ‘466), as applied to claims 1-4, 6-11, 16 and 17 above, and further in view of Kannar et al PGPUBS Document US 2021/0153533 (Kannar).
Referenced paragraph numbers of the Descriptions of the applied PGPUBS Documents are identified with “[ ]” symbols.
Bensouissi teaches providing of water-containing sucrose crystalline carbohydrate [0030, 0051]
Claim 12 further differs by requiring wherein the water-containing sucrose-containing starting preparation was recovered from sugar cane.
Kannar teaches to produce sucrose sweetener crystals from sugar cane (Abstract, [0204]).
It would have been further obvious to one of ordinary skill in the art of carbohydrate preparation, to have modified the Bensouissi process, by utilizing sucrose which has been obtained or recovered from sugar cane, as taught by Kannar, in order to obtain a product which advantageously contains nutritious polyphenols as present when utilizing sugar cane as a starting material, as suggested by Kannar at [0204].
Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Bensouissi Patent publication WO 2021158932 (the equivalent later published PGPUBS Document US 20230043868 utilized as an ‘English translation of the publication) (Bensouissi) in view of the Machine English translation of publication CN 101605466B (publication ‘466 or ‘466), as applied to claims 1-4, 6-11, 16 and 17 above, and further in view of Goldscher patent 5,679,781 (Goldscher).
Referenced paragraph numbers of the Descriptions of the applied PGPUBS Documents are identified with “[ ]” symbols.
For claims 13-15, Bensouissi teaches wherein the carbohydrate starting preparation is optionally selected from an isomaltulose- and trehalulose-containing composition or an isomalt-containing composition and also optionally contains mannitol and/or sorbitol, or a mixture thereof, for claims 13-16 [0030 and 0051], or
also optionally contains fructose, glucose, isomaltose or isomelecitose or a mixture of two or more thereof for claim 17 [0030 and 0051].
However, for claims 13-15, Bensouissi is silent as to whether such preparation specifically has a:
1,1-GPM (1-O-alpha-D- glucopyranosyl-D-mannitol) and 1,6-GPS (6-O-alpha-D-glucopyranosyl-D-sorbitol) content of 95.0 to 100.0 wt.-% (based on the total dry mass of the water-containing isomalt-containing starting preparation) for claim 13, or
1,1-GPM (1-O-alpha-D- glucopyranosyl-D-mannitol) content of 45.0 to 50.0 wt.-% and a 1,6-GPS (6-O-alpha-D- glucopyranosyl-D-sorbitol) content of 50 to 55 wt.-% (each based on the total dry mass of the water-containing isomalt-containing starting preparation) for claim 14, or
1,1-GPM (1-O-alpha-D- glucopyranosyl-D-mannitol) content of 20.0 to 30.0 wt.-% and a 1,6-GPS (6-O-alpha-D- glucopyranosyl-D-sorbitol) content of 70.0 to 80.0 wt.-% (each based on the total dry mass of the water-containing isomalt-containing starting preparation) for claim 15.
However Goldscher teaches or suggests a process of manufacture of a crystalline carbohydrate product containing ,1-GPM (1-O-alpha-D- glucopyranosyl-D-mannitol) content of 20.0 to 30.0 wt.-% and a 1,6-GPS (6-O-alpha-D- glucopyranosyl-D-sorbitol content of 70.0 to 80.0 wt.-%), (column 1, lines 50-58 and column 2, lines 18-27), such product being utilized as a sweetener for varied baked goods, candies, ice creams and fruit preserves (col 3, line 19-32).
Goldscher teaches such composition having approximately the claimed relative content of the two crystalline carbohydrates which may vary (see column 2, lines 19-27).
The claimed carbohydrate content values are deemed to constitute results-effective variables for which it would have been obvious for one of ordinary skill in the prior art to have optimized by routine experimentation, so as to optimize taste including sweetness content and baked good texture or other properties of produced carbohydrate products. The MPEP, Section 2144.05 includes court rulings that have determined that such types of parameter values or ranges do not support the patentability of such subject matter, particularly where the prior art contains similar ranges, amounts or proportions, or suggests such similarity, absent a finding of unexpected criticality or achieving of unexpected results.
It would have thus been further obvious to one of ordinary skill in the art of carbohydrate preparation, to have modified the Bensouissi process, by utilizing the specific mannitol and sorbitol carbohydrates, and within the content ratios, recited in claims 13-15, to have advantageously produced a relatively low calorie, sweet-tasting food product for varied baked goods, candies, ice creams and fruit preserves as taught by Goldscher at col 3, line 19-32.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Of particular interest , Bernard PGPUBS Document US 20210360954 teaches and is the US English language equivalent of WO9014821 cited in the 237 report, teaching further examples of a solid isomalt composition, which comprises 6-O-alpha-D-glucopyranosyl-D-sorbitol (1,6-GPS) and 1-O-alpha-D-glucopyranosyl-D-mannitol (1,1-GPM); Kowalczyk et al patent publication US 2009/0209662 is the US English language equivalent to DE 102006022506 cited in the 237 report, and teaches further aspects of drying, mixing and homogenizing of crystalline carbohydrate products [0023, 0036]; and Pepper et al patent 6,039,813 teaches mixing water-containing crystalline carbohydrate with particles (col 2, lines 42-56) and drying (col 3, ln 33-45); and diverse types of sugar including fructose and maltose.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Primary Examiner Joseph Drodge at his direct government formal facsimile phone number telephone number of 571-272-1140. The examiner can normally be reached on Monday-Friday from approximately 8:00 AM to 1:00PM and 2:30 PM to 5:30 PM.
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If attempts to reach the examiner are unsuccessful, the examiner' s supervisor, Benjamin Lebron, of Technology Center Unit 1773, can reached at 571-272-0475.
The telephone number, for official, formal communications, for the examining group where this application is assigned is 571-273-8300.
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JWD
09/11/2026
/JOSEPH W DRODGE/Primary Examiner, Art Unit 1773
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