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 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.
Claim(s) 1-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kr 2021/0020580.
Regarding claims 1,2,4,6,8,9,13 Kr ‘580 teaches a method for manufacturing a water jelly, the method comprising(example 6.1, 2):
-mixing a gelling agent(carrageenan, konjac, and locust bean gum), a saccharide(erythritol), apple juice concentrate(concentrate and flavoring), and purified water to prepare a gelled product;
-adding a first acidity(sodium citrate) regulator to the gelled product; adding fermented vinegar to the gelled product to which the first acidity regulator has been added to prepare a fermented vinegar mixed solution; and
-adding a second acidity regulator(citric acid) to the fermented vinegar mixed solution to prepare a jelly preparation solution.
Kr ‘580 does not each adding the second acid regulator to the composition after the fermented vinegar is added. However, specifically regarding the method of manufacturing a water jelly, Kr ‘580 teaches of substantially the same product produced by substantially the same method as instantly claimed by applicant; where the claimed and prior art products are produced by substantially identical processes, a prima facie case of obviousness has been established. To switch the order of performing process steps, i.e. the order of the addition of the ingredients into the final mixture, would be obvious absent any clear and convincing evidence and/or arguments to the contrary (MPEP 2144.04 [R-1]). “Selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results”
Regarding claim 3, Kr ‘580 does not teach the ratio of gelling agents as claimed. However, it would have been obvious to adjust the ratio of gelling agents depending on the texture desired in the final product.
Regarding claim 5, Kr ‘850 teaches heating to a temperature of 75C(example 2).
Regarding claims 7,10-12, Kr ‘580 teaches adding 0.1wt% sodium citrate(first acid regulator(example 2). 0.15 wt% of citric acid(second acid regulator for a total amount of 0.25wt%. The initial apple juice has 0.16% acidity, making the total acidity 0.41%(example 2).
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.
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/KATHERINE D LEBLANC/ Primary Examiner, Art Unit 1791
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