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 I: Claims 1-7 and 11-19, drawn to a bitter taste masking agent for potassium chloride comprising Peru balsam essential oil as an active component, in the reply filed on July 2, 2026 is acknowledged.
Claims 8-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected inventions, there being no allowable generic or linking claim.
An action on the merits of elected Claims 1-7 and 11-19 is provided below.
Information Disclosure Statement
The information disclosure statements (IDSes) submitted on September 24, 2024 and March 3, 2026 were filed. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 recites the limitation “A bitter taste masking agent for potassium chloride comprising” in line 1. It appears the claim should recite “A bitter taste masking agent for potassium chloride, the bitter taste masking agent comprising” in order to directly reflect what the transitional phrase “comprising” modifies.
Appropriate correction is required.
Claim 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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7 and 11-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 1 recites the limitation “Peru balsam essential oil as an active component” in line 2. It is unclear what differentiates the claimed “active component” from an “inactive component.” For purposes of examination Examiner interprets any bitter taste masking agent comprising Peru balsam essential oil to read on the claimed active component.
Clarification is required.
Claims 2-7 and 11-19 are rejected as being dependent on a rejected base 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.§
Claims 1 and 5-7 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Miyazawa et al. US 2011/0104361 (previously cited in the Office Action mailed June 22, 2026).
Regarding Claim 1, Miyazawa et al. discloses a bitter taste masking agent for potassium chloride (an agent for improving taste with an excellent ability to reduce unpleasant tastes such as metallic tastes derived from potassium salts in potassium salt containing foods or drinks without altering their original flavor profile of the foods or drinks wherein the unpleasant taste is bitterness which potassium salt is potassium chloride) (‘361, Paragraphs [0001], [0005], and [0049]). The bitter taste masking agent comprises peru balsam essential oil (‘361, Paragraph [0056]).
Further regarding Claim 1, the limitations “Peru balsam essential oil as an active component” are limitations with respect to the properties of Peru balsam essential oil. Miyazawa et al. teaches the bitter taste masking agent containing Peru balsam essential oil. Where the claimed and prior art products are identical or substantially identical in structure or composition, a case of anticipation has been established in view of In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977) (MPEP § 2112.01.I.). Products of identical chemical composition can not have mutually exclusive properties in view of In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990) (MPEP § 2112.01.II.). Since Miyazawa et al. teaches the bitter masking agent containing Peru balsam essential oil, the bitter masking agent of Miyazawa et al. would behave in the same manner as claimed, i.e. the Peru balsam essential oil serves as an active ingredient.
Regarding Claim 5, Miyazawa et al. discloses the agent for improving taste used in a potassium salt containing food or drink is combined with other flavoring components such as birch, hickory, and clove (‘361, Paragraph [0056]).
Regarding Claim 6, Miyazawa et al. discloses the agent for improving taste used in a potassium salt containing food or drink is combined with other flavoring components such as eugenol, vanillin, and phenol (‘361, Paragraph [0056]).
Regarding Claim 7, Miyazawa et al. discloses the agent for improving taste used in a potassium salt containing food or drink is combined with other flavoring components such as lactic acid (‘361, Paragraph [0056]).
Claims 1-7 and 11-19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by JP 2018/531973 (previously cited and furnished in the Office Action mailed June 22, 2026).
It is noted that a machine translation of JP 2018/531973 was also furnished in the Office Action mailed June 22, 2026). All citations with respect to JP 2018/531973 are with respect to the machine translation of JP 2018/531973.
Regarding Claim 1, JP 2018/531973 discloses a bitter taste masking agent (compound included in dietary supplements, functional foods, or pharmaceuticals as excipients to mask bitterness and make them more palatable (‘973 Machine Translation, Paragraph [0239]) comprising one or more food additives comprising Peruvian balsam oil (‘973 Machine Translation, Paragraph [0187]). The ingestible component for oral intake are combined with the compounds to produce an ingestible composition wherein the ingestible substances are common food ingredients and potassium chloride (‘973 Machine Translation, Paragraphs [0184]-[0185]).
Further regarding Claim 1, the limitations “Peru balsam essential oil as an active component” are limitations with respect to the properties of Peru balsam essential oil. JP 2018/531973 teaches the bitter taste masking agent containing Peru balsam essential oil. Where the claimed and prior art products are identical or substantially identical in structure or composition, a case of anticipation has been established in view of In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977) (MPEP § 2112.01.I.). Products of identical chemical composition can not have mutually exclusive properties in view of In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990) (MPEP § 2112.01.II.). Since JP 2018/531973 teaches the bitter masking agent containing Peru balsam essential oil, the bitter masking agent of JP 2018/531973 would behave in the same manner as claimed, i.e. the Peru balsam essential oil serves as an active ingredient.
Regarding Claim 2, JP 2018/531973 discloses the composition comprises one or more salts or salt flavor enhancers such as L-arginine, L-glutamic acid, L-lysine, and L-citrulline (‘973 Machine Translation, Paragraph [0209]).
Regarding Claim 3, JP 2018/531973 discloses one or more food additives comprising acetoin, diacetyl, and 2-3-pentadione (‘973 Machine Translation, Paragraph [0187]).
Regarding Claim 4, JP 2018/531973 discloses one or more food additives comprising farnesol, nerolidol, and β-caryophyllene (‘973 Machine Translation, Paragraph [0187]) and one or more flavoring agents comprising nootkatone (‘973 Machine Translation, Paragraph [0189]).
Regarding Claim 5, JP 2018/531973 discloses one or more food additives comprising birch essential oil and clove essential oil (‘973 Machine Translation, Paragraph [0187]) and one or more flavoring agents comprising hickory smoke essential oil (‘973 Machine Translation, Paragraph [0189]).
Regarding Claim 6, JP 2018/531973 discloses one or more food additives comprising guaiacol, eugenol, vanillin, and phenol (‘973 Machine Translation, Paragraph [0187]).
Regarding Claim 7, JP 2018/531973 discloses one or more food additives comprising lactic acid, tartaric acid, and malic acid (‘973 Machine Translation, Paragraph [0187]).
Regarding Claim 11, JP 2018/531973 discloses one or more food additives comprising acetoin, diacetyl, and 2-3-pentadione (‘973 Machine Translation, Paragraph [0187]).
Regarding Claims 12-13, JP 2018/531973 discloses farnesol, nerolidol, and β-caryophyllene (‘973 Machine Translation, Paragraph [0187]) and one or more flavoring agents comprising nootkatone (‘973 Machine Translation, Paragraph [0189]).
Regarding Claim 14-15, JP 2018/531973 discloses one or more food additives comprising birch essential oil and clove essential oil (‘973 Machine Translation, Paragraph [0187]) and one or more flavoring agents comprising hickory smoke essential oil (‘973 Machine Translation, Paragraph [0189]).
Regarding Claims 16-17, JP 2018/531973 discloses one or more food additives comprising guaiacol, eugenol, vanillin, and phenol (‘973 Machine Translation, Paragraph [0187]).
Regarding Claims 18-19, JP 2018/531973 discloses one or more food additives comprising lactic acid, tartaric acid, and malic acid (‘973 Machine Translation, Paragraph [0187]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kennison et al. US 2022/0046969 discloses a food or beverage product having reduced bitter aftertaste comprising flavoring raw materials of essential oils of peru balm (‘969, Paragraph [0013]) and potassium chloride (‘969, Paragraph [0057]).
Patron et al. US 2016/0376263 discloses a bitter taste masking agent comprising balsam peru (‘263, Paragraph [0142]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERICSON M LACHICA whose telephone number is (571)270-0278. The examiner can normally be reached M-F, 8:30am-5pm, EST.
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/ERICSON M LACHICA/Examiner, Art Unit 1792
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