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 .
Specification
The disclosure is objected to because of the following informalities:
On [0038], page 14, line 4, “example,using” should read “example, using”.
Appropriate correction is required.
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) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Adachi et al. [US20140113058A1], hereinafter Adachi, evidenced by PubChem [beta-Damascenone, 2005], and Lin et al. [Analysis of aroma-active volatiles in an SDE extract of white tea, 2021], hereinafter Lin.
Regarding claim 1, Adachi teaches a method for suppressing p-cresol (suppressing p-cresol generation formed from citral degradation by inhibiting degradation of citral with the addition of a flavor/smell deterioration inhibitor, which is equivalent to the instantly claimed ingredient (A)) odor of a food [Adachi, 0004, 0006-0008], comprising the step of adding the following ingredient (A) to a raw material of the food [Adachi, 0032-0037, 0046]:
(A) at least one type of ingredient consisting of E-β-damascenone (Camellia sinensis tea leaves are used for black, and oolong tea [Adachi, 0016-0017] and contains E-β-damascenone (see evidence of PubChem, p.1, Synonyms, Description; and Lin, p.605, Abstract, Introduction, p.609, Table 1].
Regarding claim 2, Adachi teaches a method for producing a food, comprising the step of adding the following ingredient (A) to a raw material of the food (adding the flavor/smell deterioration inhibitor to foods) [Adachi, abstract, 0035-0042, 0046-0047]:
(A) at least one type of ingredient consisting of E-β-damascenone (Camellia sinensis tea leaves are used for black, and oolong tea [Adachi, 0016-0017] and contains E-β-damascenone (see evidence of PubChem, p.1, Synonyms, Description; and Lin, p.605, Abstract, Introduction, p.609, Table 1].
Regarding claim 3, Adachi teaches the method according to claim 2, wherein the food is a food of which p-cresol odor is suppressed [Adachi, abstract, 0006-0008, 0348-0349].
Regarding claim 4, Adachi teaches the method according to claim 1, wherein the food or the raw material comprises p-cresol and/or an ingredient that can generate p-cresol (citral or citral-containing products) [Adachi, abstract, 0006-0008, 0333, 0348-0349].
Regarding claim 5, Adachi teaches the method according to claim 4, wherein the ingredient that can generate p-cresol is citral (citral or citral-containing products) [Adachi, abstract, 0006-0008, 0333, 0348-0349].
Regarding claim 6, Adachi teaches the method according to claim 4, wherein the method comprises the step of heating the food or raw material comprising the ingredient that can generate p-cresol [Adachi, abstract, 0004-0007, 0348-0349].
Regarding claim 7, Adachi teaches the method according to claim 1, wherein the ingredient (A) is added so that concentration thereof at the time of eating (Adachi teaches food compositions comprising the ingredient (A) that are ready to eat food compositions, [Adachi, 0039-0043], therefore equivalent to a concentration at the time of eating) is 1 ppm (w/w) to 500 ppm (w/w) [Adachi, 0007-0008, 0047], (which is a concentration that overlaps with the claimed concentration of 0.001 ppt (w/w) to 1000 ppm (w/w)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUIS EUGENIO DIOU BERDECIA whose telephone number is (571)270-0963. The examiner can normally be reached Monday-Friday 7:30-4:30.
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, Erik Kashnikow can be reached at (571) 270-3475. 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.
/LUIS EUGENIO DIOU BERDECIA/Examiner, Art Unit 1792
/ERIK KASHNIKOW/Supervisory Patent Examiner, Art Unit 1792