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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The abstract of the disclosure is objected to because it’s too short. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 1-20 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1, the limitation “ olfactory effective amount” is vague and indefinite because it’s unclear what would be considered as “ olfactory effective amount”. Olfactory is defined as a sense of smell. There is no defined smell to sweetener. Thus, it’s unclear what would be considered as an “ olfactory effective amount”. ( for prior art application, it’s interpreted as any amount). The limitation of “ enhancing the sweetness” is vague and indefinite because it lacks comparative basis; enhancing the sweetness in comparison to what?
In claim 3, the limitation “ natural sweetener” is vague and indefinite because it’s unclear what is intended or encompassed in “ natural” because some of the sweetener is not a natural product. For instance, “ high fructose corn syrup” is chemically manufactured.
In claim 6, the term “ olfactory” has the same problem as claim 1.
Claim 9 has the same problem as claim 6.
Claim 10 has the same problem as claim 1 with respect to the limitation “ olfactory effective amount”.
Claim 12 has the same problem as claim 3.
Claims 15,18, have the same problem as claim 6.
Claim 19 has the same problem as claim 1 with respect to the limitation “ olfactory effective amount”.
Claim 20 has the same problem as claim 6.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 10-11,16,19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a product of nature without significantly more. The claims recite a composition comprising a "sweetness modifier" in combination with an "olfactory effective" amount of a compound having the formula 1. This judicial exception is not integrated into a practical application because a "sweetness modifier" can be virtually any compound, and an "olfactory effective" amount of the compound is also considered to be virtually any amount. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because there are no specific "sweetness modifiers" recited in the rejected claims, nor is there any amount required in any of the rejected claims. The instant specification discloses the compound is provided as a Ligustrum robustum leaf extract which is a natural known product as shown in paragraph 0042 of Singh et al ( 2021/10177023).
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) 1-20 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Singh ( 20210177023).
For claims 1,6-10,15-20, Singh discloses a method of enhancing the sweetness of a sweetness modifier comprising the step of add an olfactory effective amount of a botanical extract selected from the plant Ligustrum robustum. Singh also discloses a composition and consumable comprising a sweetness modifier and an olfactory effective amount of a botanical extract selected from the plant Ligustrum robustumSingh discloses the olfactory effective amount ranges from about 100ppb to 1000ppm when use as botanical extract. ( see paragraphs 0003,0028,.0042,0043, 0048, 0049)
Since Singh discloses using an extract from the same plant as claimed, it’s inherent the compounds and the ratio as claimed are present in the extract disclosed in Singh.
For claims 2-5,11-14 Singh discloses the sweetness modifier is a sweetener. The sweetener includes natural sweetener such as sucrose, fructose, glucose etc.. The sweetener also includes artificial sweetener such as aspartame, sucralose, neotame etc. The sweetener can also be a flavoring selected from stevioside, rebaudioside B, Reb C, Luo Han guo etc.. ( see paragraphs 0044,0045)
Conclusion
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August 25, 2026
/LIEN T TRAN/Primary Examiner, Art Unit 1793
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