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 .
Claim Objections
Claim 1 is objected to because of the following informalities: Delete the comma after the term moiety in line 6 . Appropriate correction is required.
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 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Pederson (WO 2022164378 A1).
Regarding claims 1, 7 and 9, Pederson discloses a cheese analogue (i.e., cheese substitute) comprising 20% to 30% by weight of a fat composition, from 1% to 45% by weight of a starch (i.e., carbohydrates), from 0% to 15% by weight of non-animal protein and from 35% to 65% by weight of water (i.e., aqueous solution)(p. 5/paragraph 3).
Pederson discloses wherein the fat composition is interesterified and comprises from 20% to 85% by weight saturated fatty acid residues; from 10% to 50% by weight of stearic acid residues (C18:0), from 2 to 35% by weight of lauric acid residues (C12:0), and 20% or less of palmitic acid (C16:0) (p. 5/paragraph 3- p. 7/paragraph 5, p. 8/paragraph 6-p. 9/paragraph 6).
While Pederson does not disclose the precisely claimed amount of aqueous solution, carbohydrate and/or protein, interesterified fat or the amounts of lauric, stearic and palmitic acid in the interesterified fat, in the case where the claimed ranges overlap or lie inside ranges discloses by the prior art a prima facie case of obviousness exists (MPEP §2144.05).
Regarding claim 2, Pederson discloses all of the claim limitations as set forth above. Pederson discloses wherein the fat composition comprises a greater amount of stearic acid than palmitic acid wherein the weight ratio of stearic acid (C18:0) to palmitic acid (C16:0) ranges from 1:1 to 12:1 (p. 7/paragraphs 5).
Regarding claims 3 and 4, Pederson discloses all of the claim limitations as set forth above. Pederson discloses the interesterified fat comprises a vegetable oil high in stearic acid and vegetable oil high in lauric acid wherein the vegetable oil high in stearic acid is also high in monounsaturated fatty acids such as oleic acids (C18:1). Pederson also discloses the fat composition is an interesterified blend of from 20-80% by weight shea butter and from 20-80% by weight coconut oil (p. 9/paragraph 4-6).
Given Pederson discloses an interesterified blend of 20-80 wt% shea butter and 20-80 wt% coconut oil, since the present invention discloses an interesterified fat blend of 75 wt% shea butter and 25% wt% coconut oil comprising 11.7 wt% lauric acid (C12:0), 5,2 wt% palmitic acid (C16:0), 32.8 wt% stearic acid (C18:0), 34.7 wt% oleic acid (C18:1) and 5.9 wt% linoleic acid (C18:2) and exhibiting a SUS/SSU ratio of 0.5 (Table 1), the limitations of claims 3 and 4 are satisfied.
Regarding claim 5, Pederson discloses all of the claim limitations as set forth above. Pederson discloses the fat composition is a non-hydrogenated fat composition (p. 7/paragraph 4, claim 4).
Regarding claim 6, Pederson discloses all of the claim limitations as set forth above. Pederson discloses the cheese analogue is plant-based because none of the ingredients originate from animals. Pederson discloses the cheese analogue is suitable for consumption by vegetarians and vegans wherein the composition is substantially free of animal-derived products (p. 14/paragraphs 2-3, p. 16/paragraph 4).
Regarding claims 8 and 10, Pederson discloses all of the claim limitations as set forth above. Pederson discloses wherein the cheese analogue (i.e., cheese substitute) is hard cheese, soft cheese, or spreadable cheese (p. 5/paragraph 2). Pederson discloses cheese that has the ability to be slices or shredded (p. 20/paragraphs 1-3).
Regarding claim 11, Pederson discloses all of the claim limitations as set forth above. Pederson discloses the use of the cheese analogue in food products (p. 16/paragraphs 4-5). Pederson discloses the food product is pizza (e.g., in pizza applications, p. 4/paragraph 3, p. 16/paragraph 5, p. 20/paragraphs 4-5).
Regarding claims 12-14, Pedersen discloses a method of preparing a cheese analogue comprising combining 20% to 30% by weight of a fat composition, from 1% to 45% by weight of a starch (i.e., carbohydrates), from 0% to 15% by weight of non-animal protein and from 35% to 65% by weight of water (i.e., aqueous solution)(p. 5/paragraph 3, p. 21/paragraphs 5-6).
Pederson discloses wherein the fat composition is interesterified and comprises from 20% to 85% by weight saturated fatty acid residues; from 10% to 50% by weight of stearic acid residues (C18:0), from 2 to 35% by weight of lauric acid residues (C12:0), and 20% or less of palmitic acid (p. 5/paragraph 3- p. 7/paragraph 5, p. 8/paragraph 6-p. 9/paragraph 6).
While Pederson does not disclose the precisely claimed amount of interesterified fat or the amounts of lauric, stearic and palmitic acid in the interesterified fat, in the case where the claimed ranges overlap or lie inside ranges discloses by the prior art a prima facie case of obviousness exists (MPEP §2144.05).
Pederson et al. discloses embodiments where a liquid oil is not added (e.g., when the fat composition is an interesterified fat).
Regarding claim 15, Pederson discloses all of the claim limitations as set forth above. Pederson discloses wherein the fat composition comprises a greater amount of stearic acid than palmitic acid wherein the weight ratio of stearic acid (C18:0) to palmitic acid (C16:0) ranges from 1:1 to 12:1 (p. 7/paragraphs 5).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH A GWARTNEY whose telephone number is (571)270-3874. The examiner can normally be reached M-F: 9 a.m. - 5 p.m. EST.
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ELIZABETH A. GWARTNEY
Primary Examiner
Art Unit 1759
/ELIZABETH GWARTNEY/Primary Examiner, Art Unit 1759
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