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.
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) 1-6,15 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Wei ( WO 03/005818.
For claims 1-2, Wei discloses an agent comprising a diester compound having the structural formula as claimed. ( see pages 20-21). For claim 3, Wei discloses the compounds including diethyl malonate, diethyl succinate, diethyl sebacate, dipropyl adipate, dibutyl sebacate, diisobutyl adipate and dimethyl sebacate ( see pages 22, 23). For claim 4, Wei discloses a composition comprising the diester compound. ( see page 4 lines 3-10, pages 20-23. For claims 5,15, Wei discloses food comprising the diester compound. ( see page 7 lines 7-15,8)
The recitation “ carbonation sensation imparting or enhancing agent” is a function that is depended on intended use. The agent by itself is not a carbonation agent. An intended use does not determine the patentability of the product. There is no limitation defining generation of carbonation or enhancing carbonation. Furthermore, Wei discloses the same agent; thus, it’s inherent the agent is capable of the same intended use in absence of evidence showing otherwise.
Claim(s) 1-10, 15 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Ohata ( Jp 2021112144).
For claims 1-4, Ohata discloses an agent which is diethyl succinate and composition comprising the diethyl succinate. Ohata discloses for effervescent beverage, the agent gives a smooth mouthfeel with a carbonic sensation. For claims 5-6,15 Ohata discloses beverages comprising the agent. The amount of diethyl succinate is 15-510ppb ( .015-.51ppm) . For claims 7-10, Ohata discloses a method of producing beverage comprising the step of blending the diester compound in the drink. The amount of diethyl succinate is 15-510ppb ( .015-51ppm) ( see abstract, pages 2-3,5)
Ohata discloses the same compound as claimed; thus, it’s inherent the structure is the same as claimed. The recitation “ carbonation sensation imparting or enhancing agent” is a function that is depended on intended use. The agent by itself is not a carbonation agent. An intended use does not determine the patentability of the product. There is no limitation defining generation of carbonation or enhancing carbonation. In any event, Ohata discloses the beverage has smooth mouthfeel with a carbonic acid sensation. Furthermore, Ohata discloses the same agent; thus, it’s inherent the agent is capable of the same intended use in absence of evidence showing otherwise.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LIEN THUY TRAN whose telephone number is (571)272-1408. The examiner can normally be reached Monday-Thursday.
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, Emily Le can be reached at 571-272-0903. 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.
August 31, 2026
/LIEN T TRAN/Primary Examiner, Art Unit 1793
Prosecution Insights