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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 16-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sexton(US 2014/0037830) in view of Catani(US 2007/0082114).
Regarding claims 16-25,27-34 Sexton teaches a solid nutritional composition comprising,
i)about 0.01 to 1wt% alginate(paragraph 126)
ii)pectin as an emulsion stabilizer(paragraph 167)
iii)About 1 to about 99% active ingredients such as amino acids(paragraph 76), complex carbohydrates such as maltodextrins(paragraph 75), and/or sugars such as fructose(paragraph 75,79),
Sexton is silent on the amount of pectin present in the composition. However, teaches a Catani beverage composition to be taken with an exercise program comprising a combination of alginate and pectin in order to increase satiety(abstract, paragraph 73). Catani teaches that the fluid composition comprises about 0.3% to about 5% by weight of a combination of alginate and pectin, with a ratio of alginate to pectin being about 8:1 to about 1:8(paragraphs 49 and 50). Catani teaches that the pectin is ideally in the form of high methoxy(HM pectin)(paragraph 24) and the alginate is in the form of high guluronate acid (high G) alginate(paragraph 18).
Sexton teaches forming the beverage by dissolving 0.1 to 60wt% of the solid composition in water(paragraph 98). Therefore, when adding the about 0.3 to about 5% alginate and pectin into the beverage of Sexton(assuming 60% solid material), the solid composition(before addition of water) would comprise 0.5-8%(0.3/60-5/60) alginate and pectin. Using the 8:1 to 1:8 alginate to pectin ratio, the solid composition would comprise 0.06-7.1% alginate and 0.06-7.1% pectin.
It would have been obvious to include 0.06-7.1% high G alginate and 0.06-7.1% high methoxy pectin in solid composition of Sexton in order to increase satiety for the consumer. Sexton teaches that
[0005]Understanding the body's ability to absorb and process carbohydrates and other nutrients for maximal performance output has been studied by many. In 2003, the International Olympic Committee on Nutrition for Athletes issued a position stating that a high carbohydrate diet in the days before competition helps enhance performance, particularly when exercise lasts longer than about 60 min and that athletes should aim to achieve carbohydrate intakes that meet the fuel requirements of their training programs and also adequately replace their carbohydrate stores during recovery between training sessions and competition. However, this is a difficult task, especially for athletes in training who need a sustained supply of carbohydrates and other nutrients without the drawback of an intake of large amounts or smaller amounts but at more regular intervals, of food in order to meet the dietary requirements necessary to maintain enhanced performance.
[0006] There is thus a need in the art to provide a sustained and controlled supply of carbohydrates and other nutrients to individuals without the necessity of intake of excess food and snacks.
Therefore, the satiety increasing effect of the pectin and alginate composition of Catani would help an athlete stay satiated so they do not intake too many unnecessary calories and only receive the needed carbohydrates from the sports drink. Furthermore, the satiety increasing effect of the composition of Catani would be beneficial to athletes since many athletes are either losing or maintaining weight for optimum performance.
Sexton teaches that the solid composition can comprise 1 to 99% active ingredients such as sugars(paragraph 75), which would overlap the claimed amount of more than 30 wt% sugars. Sexton teaches that the solid composition can comprise 1 to 99% complex carbohydrates such as maltodextrin(paragraph 75), which would overlap the claimed amount of more than 40 wt% maltodextrin.
Regarding claims 26,35, Sexton teaches that the solid composition forms a liquid composition when it dissolves in water which further gels in a low-pH environment(para 73,15).
Conclusion
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/KATHERINE D LEBLANC/Primary Examiner, Art Unit 1791
