DETAILED ACTION
Background
Claims 1-13 as filed with the instant application on October 16, 2024 have been examined. No amendments have been filed.
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 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. 35 U.S.C. 102(a)(2) has not been cited in the instant office action.
Claim 1-2 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over WO2011/045130 A to Wix (Wix), of record.
Regarding instant claim 1, Wix at Abstract discloses a tooth-friendly ice cream, frozen yogurt or milk shake (“frozen dessert composition”). In Example 3 at [0043] and [0046] the accompanying Table 1, Wix discloses methods of making a frozen dessert comprising mixing 10 wt% isomaltulose (“palatinose”), 10 wt% fructooligosaccharides (“soluble fiber”), 0.20 wt% locust bean gum (“polysaccharide thickener”), all weight%, based on the total weight of the composition, along with oil, skim milk powder, flavour and water to provide a frozen dessert composition. Then, at [0047] Wix discloses freezing the composition (“cooling the frozen dessert composition to provide the frozen dessert”).
Further and regarding instant claim 2, Wix does not provide an example wherein a frozen dessert composition comprises a combination of a dextrin and a soluble dietary fiber so that the frozen dessert composition comprises from 10 to 30 wt%, based on the total weight of the composition of a combination of the dextrin and a soluble dietary fiber as in claim 1; further, Wix does not disclose an example of a composition comprising an amount of about 10 to 90% by weight of the dextrin in the total weight of a combination of dextrin and a soluble dietary fiber as in claim 1. In addition, Wix does not disclose an example of a composition comprising maltodextrin as in claim 2. However, at [0032] Wix discloses its frozen dessert compositions as having from 10 to 25 wt% sugars; and, at [0035] Wix discloses compositions with less than 14 wt% maltodextrin (claim 2) as an additional freezing point depressant aside from palatinose.
Before the effective date of the present invention, the ordinary skilled artisan would have found it obvious in view of Wix to include up to 14 wt% of maltodextrin in its composition comprising 10 wt% of a soluble dietary fiber, giving a soluble dietary fiber and dextrin composition comprising 10 wt% of the soluble dietary fiber and 0 to 14 wt% of the dextrin, or from 0 to about 63 wt% of the dextrin, based on the total weight of the composition of the dextrin and a soluble dietary fiber which the claimed 10 to 90 wt% of the total weight of dextrin and fiber overlaps. In the case where the claimed ranges lie inside ranges disclosed by the prior art a prima facie case of obviousness exists. In the case where the claimed ranges lie inside ranges disclosed by the prior art a prima facie case of obviousness exists. See MPEP 2144.05.I. The ordinary skilled artisan in Wix would have desired to include the claimed amount of maltodextrin and soluble dietary fiber because both references disclose frozen dessert compositions and methods of making frozen desserts comprising soluble dietary fiber and dextrins because Wix discloses that the claimed amount of maltodextrin relative to soluble dietary fiber provides a desirable frozen dessert having a suitable freezing depressant content.
Regarding instant claim 5, Wix does not provide an example disclosing a breaking strength. However, the composition of Wix appears to be substantially the same as the claimed water, palatinose and combination of dextrin and a soluble dietary fiber in claim 1. Accordingly, absent a clear showing as to how the breaking strength of the semi-solid ice cream composition of Wix in Example 3 and [0035] differs from that of the frozen dessert composition as claimed, the Office considers the Wix frozen dessert to have a breaking strength of less than 35N as measured with texture analyzer after placing 30g of the composition at about -20 °C for 24 hours and then about 20 °C for 1 minute. See MPEP 2112.01.I.
Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over WO2011/045130 A to Wix (Wix) in view of US 2003/0031758 A1 to Koss et al. (Koss), both of record.
Regarding instant claim 1, Wix at Abstract discloses a tooth-friendly ice cream, frozen yogurt or milk shake (“frozen dessert composition”). In Example 3 at [0043] and [0046] the accompanying Table 1, Wix discloses methods of making a frozen dessert comprising mixing 10 wt% isomaltulose (“palatinose”), 10 wt% fructooligosaccharides (“soluble fiber”), 0.20 wt% locust bean gum (“polysaccharide thickener”), all weight%, based on the total weight of the composition, along with oil, skim milk powder, flavour and water to provide a frozen dessert composition. Then, at [0047] Wix discloses freezing the composition (“cooling the frozen dessert composition to provide the frozen dessert”).
Further and regarding instant claim 2, Wix does not provide an example wherein a frozen dessert composition comprises a combination of a dextrin and a soluble dietary fiber so that the frozen dessert composition comprises from 10 to 30 wt%, based on the total weight of the composition of a combination of the dextrin and a soluble dietary fiber as in claim 1; further, Wix does not disclose a combination of dextrin and a soluble dietary fiber an amount of about 10 to 90% by weight of the dextrin in a total weight of the combination of dextrin and a soluble dietary fiber as in claim 1. Still further, Wix does not disclose an example of a composition comprising maltodextrin as in claim 2. However, at [0032] Wix discloses its frozen dessert compositions as having from 10 to 25 wt% sugars; and, at [0035] Wix discloses compositions with less than 14 wt% maltodextrin (claims 2 and 8) as an additional freezing point depressant aside from palatinose.
Still further and regarding instant claims 3-4, Wix does not disclose a soluble dietary fiber selected from the group consisting of indigestible dextrins, polydextroses, barley beta glucans, and combinations thereof as in claim 3; and, Wix does not disclose placing its frozen dessert composition in a container as in claim 4. However, at [0038] Wix discloses that lower molecular weight soluble dietary fibers avoid making too hard of a frozen dessert composition.
Koss at Abstract and [0023] discloses methods for forming nutritious frozen desserts that are nutritionally fortified, wherein its frozen dessert compositions comprise (at [0037]) from 0.2 to 22 wt% and include sugars and maltodextrins. And at Example III at [0104] and Example VI at [0158], Koss discloses frozen dessert compositions comprising milk proteins and including about 7-8 wt% of maltodextrin, based on the total weight of the composition. Further, at [0059] Koss discloses including beta glucan as soluble dietary fiber to increase satiety from eating. In addition, at [0065] Koss discloses methods of making a frozen dessert comprising freezing the composition and transferring it to containers before (at [0066]) hardening.
The Office considers the recited barley beta-glucan as including the beta glucan disclosed in Koss.
Before the effective date of the present invention, the ordinary skilled artisan would have found it obvious in view of Koss for Wix to include up to 12 wt% of maltodextrin in its composition comprising 10 wt% of a soluble dietary fiber, giving a soluble dietary fiber and dextrin composition comprising 10 wt% of the soluble dietary fiber and 0 to 12 wt% of the dextrin, or from 0 to about 55 wt% of the dextrin, based on the total weight of the composition of the dextrin and a soluble dietary fiber which the claimed 10 to 90 wt% of the total weight of dextrin and fiber overlaps. In the case where the claimed ranges lie inside ranges disclosed by the prior art a prima facie case of obviousness exists. See MPEP 2144.05.I. The ordinary skilled artisan in Wix as modified by Koss would have desired to include the claimed amount of dextrin and soluble dietary fiber because both references disclose frozen dessert compositions and methods of making frozen desserts comprising soluble dietary fiber and dextrins and Koss discloses that the claimed amount of dextrin relative to soluble dietary fiber provides a desirable frozen dessert.
Additionally, before the effective date of the present invention, the ordinary skilled artisan would have found it obvious in view of Koss for Wix to use barley beta-glucans as its soluble dietary fiber and to put its frozen dessert composition in a container. Both references disclose fluid frozen dessert compositions comprising soluble dietary fiber and methods of making them. The ordinary skilled artisan in Wix would have desired to include the barley beta glucans of Koss as its soluble dietary fiber to increase satiety from eating and to avoid digestive issues with fructooligosaccharides; and, further, the ordinary skilled artisan in Wix would have desired to put its frozen dessert composition in a container as in Koss to provide it with a shape and enable stable storage of the frozen dessert.
Regarding instant claim 5, Wix as modified by Koss does not provide an example disclosing a breaking strength. However, the composition of Wix as modified by Koss appears to be substantially the same as the claimed water, palatinose and combination of dextrin and a soluble dietary fiber in claim 1. Accordingly, absent a clear showing as to how the breaking strength of the semi-solid ice cream composition of Wix in Example 3 and [0035] as modified by Koss at [0037], Example III and Example VI differs from that of the frozen dessert composition as claimed, the Office considers the Wix as modified by Koss frozen dessert to have a breaking strength of less than 35N as measured with texture analyzer after placing 30g of the composition at about -20 °C for 24 hours and then about 20 °C for 1 minute. See MPEP 2112.01.I.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over WO2011/045130 A to Wix (Wix) as applied to claim 1 above, and further in view of US 2019/0126075 A1 to Matsumoto et al. (Matsumoto).
As applied to claim 1, Wix in Example 3 and [0035] discloses a method of making a frozen dessert comprising mixing a composition of 6 to 15 wt% of palatinose, 10 to 30 wt% of a dextrin and a soluble dietary fiber and from 0.o5 to 0.5 wt% of a polysaccharide thickener, all wt%s based on the total weight of the composition, wherein the composition comprises a combination of dextrin and soluble dietary fiber containing from 10 to 90% by weight of dextrin, followed by cooling the frozen dessert composition.
Wix does not disclose a reduced indigestible dextrin in a frozen dessert.
At [0015]-[0016], Matsumoto discloses making an ice cream that increases the activity of desirable intestinal bacteria comprises (at [0026]) digestion-resistant components as reduced resistant dextrin as well as (at [0027]) palatinose. At [0035] Matsumoto discloses a reduced resistant dextrin having at least one alpha-1,2 or alpha-1,3 bond and appears to be the same thing as the claimed reduced indigestible dextrin and used (at [0036]) in an amount of 0.5 to 15 wt%, based on the total weight of the composition. The Office considers the claimed reduced indigestible dextrin to include the reduced resistant dextrin of Matsumoto. See MPEP 2112.01.I.
Before the effective date of the present invention, the ordinary skilled artisan would have found it obvious in view of Matsumoto for Wix to include a reduced indigestible dextrin as the soluble dietary fiber in Wix. Both references disclose ice cream and frozen desserts containing sugar, dextrins and soluble dietary fiber. The ordinary skilled artisan would have desired to include the reduced resistant dextrin of Matsumoto as its soluble dietary fiber in the ice cream or frozen dessert of Wix to improve the dietary effect of the ice cream or frozen dessert.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over WO2011/045130 A to Wix (Wix) in view of US 2003/0031758 A1 to Koss et al. (Koss) as applied to claim 1 above, and further in view of US 2019/0126075 A1 to Matsumoto et al. (Matsumoto).
As applied to claim 1, Wix in Example 3 and [0035] as modified by Koss at [0037], Example III and Example VI as discloses a method of making a frozen dessert comprising mixing a composition of 6 to 15 wt% of palatinose, 10 to 30 wt% of a dextrin and a soluble dietary fiber and from 0.o5 to 0.5 wt% of a polysaccharide thickener, all wt%s based on the total weight of the composition, wherein the composition comprises a combination of dextrin and soluble dietary fiber containing from 10 to 90% by weight of dextrin, followed by cooling the frozen dessert composition.
Wix as modified by Koss fails to disclose a reduced indigestible dextrin in a frozen dessert but discloses at [0035] an indigestible dextrin to enhance the dietary effect of its frozen dessert composition.
At [0015]-[0016], Matsumoto discloses making an ice cream that increases the activity of desirable intestinal bacteria comprises (at [0026]) digestion-resistant components as reduced resistant dextrin as well as (at [0027]) palatinose. At [0035] Matsumoto discloses a reduced resistant dextrin having at least one alpha-1,2 or alpha-1,3 bond and appears to be the same thing as the claimed reduced indigestible dextrin and used (at [0036]) in an amount of 0.5 to 15 wt%, based on the total weight of the composition. The Office considers the claimed reduced indigestible dextrin to include the reduced resistant dextrin of Matsumoto. See MPEP 2112.01.I.
Before the effective date of the present invention, the ordinary skilled artisan would have found it obvious in view of Matsumoto for Wix as modified by Koss to include a reduced indigestible dextrin as the soluble dietary fiber in Wix. All references disclose ice cream and frozen desserts containing sugar, dextrins and soluble dietary fiber. The ordinary skilled artisan would have desired to include the reduced resistant dextrin of Matsumoto as its soluble dietary fiber in the ice cream or frozen dessert of Wix to improve the dietary effect of the ice cream or frozen dessert.
Claims 7-8, 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over WO2011/045130 A to Wix (Wix) in view of US2012/0132463 A1 to Ashokan et al. (Ashokan).
Regarding instant claim 7, Wix at Abstract discloses a tooth-friendly ice cream, frozen yogurt or milk shake (“frozen dessert composition”). In Example 3 at [0043] and [0046] the accompanying Table 1, Wix discloses methods of making a frozen dessert comprising mixing 10 wt% isomaltulose (“palatinose”), 10 wt% fructooligosaccharides (“soluble fiber”), 0.20 wt% locust bean gum (“polysaccharide thickener”), all weight%, based on the total weight of the composition, along with oil, skim milk powder, flavour and water to provide a frozen dessert composition. Then, at [0047] Wix discloses freezing the composition (“cooling the frozen dessert composition to provide the frozen dessert”).
Further and regarding instant claims 8 and 10, Wix does not provide an example wherein a frozen dessert composition comprises a combination of a dextrin and a soluble dietary fiber so that the frozen dessert composition comprises from 10 to 30 wt%, based on the total weight of the composition of a combination of the dextrin and a soluble dietary fiber as in claim 7; further, Wix does not provide an example of a composition with an amount of about 10 to 90% by weight of the dextrin in the total weight of a combination of dextrin and a soluble dietary fiber as in claim 7; and Wix does not disclose a composition that includes an amount of about 0.5 to 10% by weight of an amino acid, based on the total weight of the composition as in claim 7. In addition, Wix does not disclose an example of a composition comprising maltodextrin and a soluble dietary fiber as in claim 8; and, further, Wix does not disclose a method or composition wherein the amino acid is betaine as in claim 10. However, at [0032] Wix discloses its frozen dessert compositions as having from 10 to 25 wt% sugars; and, at [0035] Wix discloses compositions with less than 14 wt% maltodextrin (claim 8) as an additional freezing point depressant aside from palatinose.
Ashokan at Abstract discloses a reduced calorie frozen beverage (frozen dessert composition) containing freezing point depressant and comprising a combination of (at [0022]) monosaccharides and (at [0024]) betaine as freezing point depressants, wherein (at [0058]) the amount of betaine ranges from about 0.8 wt% to about 1.5 wt%, based on the total weight of the composition.
Before the effective date of the present invention, the ordinary skilled artisan would have found it obvious in view of Wix to include up to 14 wt% of maltodextrin in its composition comprising 10 wt% of a soluble dietary fiber, giving a soluble dietary fiber and dextrin composition comprising 10 wt% of the soluble dietary fiber and 0 to 14 wt% of the dextrin, or from 0 to about 63 wt% of the dextrin, based on the total weight of the composition of the dextrin and a soluble dietary fiber which the claimed 10 to 90 wt% of the total weight of dextrin and fiber overlaps. In the case where the claimed ranges lie inside ranges disclosed by the prior art a prima facie case of obviousness exists. See MPEP 2144.05.I. The ordinary skilled artisan in Wix would have desired to include the claimed amount of maltodextrin and soluble dietary fiber because both references disclose frozen dessert compositions and methods of making frozen desserts comprising soluble dietary fiber and dextrins because Wix discloses that the claimed amount of maltodextrin relative to soluble dietary fiber provides a desirable frozen dessert having a suitable freezing depressant content.
Before the effective date of the present invention, the ordinary skilled artisan would have found it obvious in view of Ashokan for Wix to include the claimed amount of an amino acid and to include betaine in the claimed amount as its amino acid. All references disclose frozen dessert compositions comprising sugars and other freezing point depressants. The ordinary skilled artisan in Wix would have desired to keep its dietary fiber frozen dessert softer by including the claimed amount of betaine as a freezing point depressant along with maltodextrin and palatinose.
Regarding instant claim 12, Wix does not provide an example disclosing a breaking strength. However, the composition of Wix appears to be substantially the same as the claimed water, palatinose and combination of dextrin and a soluble dietary fiber in claim 1. Accordingly, absent a clear showing as to how the breaking strength of the semi-solid ice cream composition of Wix in Example 3 and [0035] differs from that of the frozen dessert composition as claimed, the Office considers the Wix frozen dessert to have a breaking strength of less than 35N as measured with texture analyzer after placing 30g of the composition at about -20 °C for 24 hours and then about 20 °C for 1 minute. See MPEP 2112.01.I
Claims 7-12 are rejected under 35 U.S.C. 103 as being unpatentable over WO2011/045130 A to Wix (Wix) in view of US 2003/0031758 A1 to Koss et al. (Koss) and US2012/0132463 A1 to Ashokan et al. (Ashokan).
Regarding instant claim 7, Wix at Abstract discloses a tooth-friendly ice cream, frozen yogurt or milk shake (“frozen dessert composition”). In Example 3 at [0043] and [0046] the accompanying Table 1, Wix discloses methods of making a frozen dessert comprising mixing 10 wt% isomaltulose (“palatinose”), 10 wt% fructooligosaccharides (“soluble fiber”), 0.20 wt% locust bean gum (“polysaccharide thickener”), all weight%, based on the total weight of the composition, along with oil, skim milk powder, flavour and water to provide a frozen dessert composition. Then, at [0047] Wix discloses freezing the composition (“cooling the frozen dessert composition to provide the frozen dessert”).
Further and regarding instant claims 8 and 10, Wix does not provide an example wherein a frozen dessert composition comprises a combination of a dextrin and a soluble dietary fiber so that the frozen dessert composition comprises from 10 to 30 wt%, based on the total weight of the composition of a combination of the dextrin and a soluble dietary fiber as in claim 7; further, Wix does not provide an example of a composition with an amount of about 10 to 90% by weight of the dextrin in the total weight of a combination of dextrin and a soluble dietary fiber as in claim 7; and Wix does not disclose that its composition includes an amount of about 0.5 to 10% by weight of an amino acid, based on the total weight of the composition as in claim 7. In addition, Wix does not disclose an example of a composition comprising maltodextrin as in claim 8; and, further, Wix does not disclose a method or composition wherein the amino acid is betaine as in claim 10. However, at [0032] Wix discloses its frozen dessert compositions as having from 10 to 25 wt% sugars; and, at [0035] Wix discloses compositions with less than 14 wt% maltodextrin (claim 8) as an additional freezing point depressant aside from palatinose.
Still further and regarding instant claims 9 and 11, Wix does not disclose a soluble dietary fiber selected from the group consisting of indigestible dextrins, polydextroses, barley beta glucans, and combinations thereof as in claim 9; and, Wix does not disclose placing its frozen dessert composition in a container as in claim 11. However, at [0038] Wix discloses that lower molecular weight soluble dietary fibers avoid making too hard of a frozen dessert composition.
Koss at Abstract and [0023] discloses methods for forming nutritious frozen desserts that are nutritionally fortified, wherein its frozen dessert compositions comprise (at [0037]) from 0.2 to 22 wt% and include sugars and maltodextrins. And at Example III at [0104] and Example VI at [0158], Koss discloses frozen dessert compositions comprising milk proteins and including about 7-8 wt% of maltodextrin, based on the total weight of the composition. Further, at [0059] Koss discloses including beta glucan as soluble dietary fiber to increase satiety from eating. In addition, at [0065] Koss discloses methods of making a frozen dessert comprising freezing the composition and transferring it to containers before (at [0066]) hardening. Moreover, the Office considers the recited barley beta-glucan as including the beta glucan disclosed in Koss.
Ashokan at Abstract discloses a reduced calorie frozen beverage (frozen dessert composition) containing freezing point depressant and comprising a combination of (at [0022]) monosaccharides and (at [0024]) betaine as freezing point depressants, wherein (at [0058]) the amount of betaine ranges from about 0.8 wt% to about 1.5 wt%, based on the total weight of the composition.
Before the effective date of the present invention, the ordinary skilled artisan would have found it obvious in view of Koss for Wix to include up to 12 wt% of maltodextrin in its composition comprising 10 wt% of a soluble dietary fiber, giving a soluble dietary fiber and dextrin composition comprising 10 wt% of the soluble dietary fiber and 0 to 12 wt% of the dextrin, or from 0 to about 55 wt% of the dextrin, based on the total weight of the composition of the dextrin and a soluble dietary fiber which the claimed 10 to 90 wt% of the total weight of dextrin and fiber overlaps. In the case where the claimed ranges lie inside ranges disclosed by the prior art a prima facie case of obviousness exists. See MPEP 2144.05.I. The ordinary skilled artisan in Wix as modified by Koss would have desired to include the claimed amount of dextrin and soluble dietary fiber because both references disclose frozen dessert compositions and methods of making frozen desserts comprising soluble dietary fiber and dextrins and Koss discloses that the claimed amount of dextrin relative to soluble dietary fiber provides a desirable frozen dessert.
Additionally for Wix in view of Koss, before the effective date of the present invention, the ordinary skilled artisan would have found it obvious in view of Koss for Wix to use barley beta-glucans as its soluble dietary fiber and to put its frozen dessert composition in a container. Both references disclose fluid frozen dessert compositions comprising soluble dietary fiber and methods of making them. The ordinary skilled artisan in Wix would have desired to include the barley beta glucans of Koss as its soluble dietary fiber to increase satiety from eating and to avoid digestive issues with fructooligosaccharides; and, further, the ordinary skilled artisan in Wix would have desired to put its frozen dessert composition in a container as in Koss to provide it with a shape and enable stable storage of the frozen dessert.
Before the effective date of the present invention, the ordinary skilled artisan would have found it obvious in view of Ashokan for Wix as modified by Koss to include the claimed amount of an amino acid and to include betaine in the claimed amount as its amino acid. All references disclose frozen dessert compositions comprising sugars and other freezing point depressants. The ordinary skilled artisan in Wix as modified by Koss would have desired to keep its dietary fiber frozen dessert softer by including the claimed amount of betaine as a freezing point depressant along with maltodextrin and palatinose.
Regarding instant claim 12, Wix as modified by Koss does not provide an example disclosing a breaking strength. However, the composition of Wix as modified by Koss appears to be substantially the same as the claimed water, palatinose and combination of dextrin and a soluble dietary fiber in claim 1. Accordingly, absent a clear showing as to how the breaking strength of the semi-solid ice cream composition of Wix in Example 3 and [0035] as modified by Koss at [0037], Example III and Example VI differs from that of the frozen dessert composition as claimed, the Office considers the Wix as modified by Koss frozen dessert to have a breaking strength of less than 35N as measured with texture analyzer after placing 30g of the composition at about -20 °C for 24 hours and then about 20 °C for 1 minute. See MPEP 2112.01.I.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over WO2011/045130 A to Wix (Wix) in view of US2012/0132463 A1 to Ashokan et al. (Ashokan) as applied to claim 7 above, and further in view of US 2019/0126075 A1 to Matsumoto et al. (Matsumoto).
As applied to claim 7, Wix in Example 3, [0032] and [0035] as modified by Ashokan at Abstract [0022], [0024] and [0058] discloses a method of making a frozen dessert comprising mixing a composition of 6 to 15 wt% of palatinose, 10 to 30 wt% of a dextrin and a soluble dietary fiber, from 0.05 to 0.5 wt% of a polysaccharide thickener and from 0.5 to 10 wt% of an amino acid, all wt%s based on the total weight of the composition, wherein the composition comprises a combination of dextrin and soluble dietary fiber containing from 10 to 90% by weight of dextrin, followed by cooling the frozen dessert composition.
Wix as modified by Ashokan fails to disclose a reduced indigestible dextrin in a frozen dessert composition.
At [0015]-[0016], Matsumoto discloses making an ice cream that increases the activity of desirable intestinal bacteria comprises (at [0026]) digestion-resistant components as reduced resistant dextrin as well as (at [0027]) palatinose. At [0035] Matsumoto discloses a reduced resistant dextrin having at least one alpha-1,2 or alpha-1,3 bond and appears to be the same thing as the claimed reduced indigestible dextrin and used (at [0036]) in an amount of 0.5 to 15 wt%, based on the total weight of the composition. The Office considers the claimed reduced indigestible dextrin to include the reduced resistant dextrin of Matsumoto. See MPEP 2112.01.I.
Before the effective date of the present invention, the ordinary skilled artisan would have found it obvious in view of Matsumoto for Wix as modified by Ashokan to include a reduced indigestible dextrin as the soluble dietary fiber in Wix. All references disclose ice cream and frozen desserts containing sugar, dextrins and soluble dietary fiber. The ordinary skilled artisan would have desired to include the reduced resistant dextrin of Matsumoto as its soluble dietary fiber in the ice cream or frozen dessert of Wix to improve the dietary effect of the ice cream or frozen dessert.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over WO2011/045130 A to Wix (Wix) in view of US 2003/0031758 A1 to Koss et al. (Koss) and US2012/0132463 A1 to Ashokan et al. (Ashokan)as applied to claim 7 above, and further in view of US 2019/0126075 A1 to Matsumoto et al. (Matsumoto).
As applied to claim 7, Wix in Example 3 and [0035] as modified by Koss at [0037], Example III and Example VI and Ashokan at Abstract, [0022], [0024] and [0058] discloses a method of making a frozen dessert comprising mixing a composition of 6 to 15 wt% of palatinose, 10 to 30 wt% of a dextrin and a soluble dietary fiber, from 0.05 to 0.5 wt% of a polysaccharide thickener and from 0.5 to 10 wt% of an amino acid, all wt%s based on the total weight of the composition, wherein the composition comprises a combination of dextrin and soluble dietary fiber containing from 10 to 90% by weight of dextrin, followed by cooling the frozen dessert composition.
Wix as modified by Koss and Ashokan fails to disclose a reduced indigestible dextrin in a frozen dessert.
At [0015]-[0016], Matsumoto discloses making an ice cream that increases the activity of desirable intestinal bacteria comprises (at [0026]) digestion-resistant components as reduced resistant dextrin as well as (at [0027]) palatinose. At [0035] Matsumoto discloses a reduced resistant dextrin having at least one alpha-1,2 or alpha-1,3 bond and appears to be the same thing as the claimed reduced indigestible dextrin and used (at [0036]) in an amount of 0.5 to 15 wt%, based on the total weight of the composition. The Office considers the claimed reduced indigestible dextrin to include the reduced resistant dextrin of Matsumoto. See MPEP 2112.01.I.
Before the effective date of the present invention, the ordinary skilled artisan would have found it obvious in view of Matsumoto for Wix as modified by Koss and Ashokan to include a reduced indigestible dextrin as the soluble dietary fiber in Wix. All references disclose ice cream and frozen desserts containing sugar and that require freezing point depressants. The ordinary skilled artisan would have desired to include the reduced resistant dextrin of Matsumoto as its soluble dietary fiber in the ice cream or frozen dessert of Wix as modified by Koss and Ashokan to improve the dietary effect of the ice cream or frozen dessert.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW E MERRIAM whose telephone number is (571)272-0082. The examiner can normally be reached M-H 8:00A-5:30P and alternate Fridays 8:30A-5P.
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/ANDREW E MERRIAM/Examiner, Art Unit 1791
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