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
Claims 1, 2, 7 and 11 are objected to because of the following informalities: In claim 1, line 6, the term “by” should be removed . Remove the hyphen after “wt.” and before “%” in line 2 of claim 2, line 3 of claim 7, and line 1 of claim 11. Appropriate correction is required.
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 1-18 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.
Regarding claim 1, the recitation “A method for manufacturing a bibim rice burger, comprising : a bun producing process for producing a bibim rice bun; a hot pepper paste sauce producing process for producing a hot pepper paste sauce; a burger producing process for assembling a bibim rice burger by comprising the hot pepper paste sauce, and one or more selected from a group consisting of a meat patty, a soft-cooked egg, lettuce, and onions to the bibim rice bun and assembling the bibim rice burger” renders the claim indefinite. First, given claim 1 is directed to a method for manufacturing a bibim rice burger, it is not clear what active steps are required. For example, does Applicant intend to claim a method for manufacturing a bibim rice burger comprising the steps of: (a) making a bibim rice bun; (b) making a hot pepper paste sauce; and (c) assembling the burger by placing the hot pepper past sauce and one or more selected from the group consisting of a meat patty, a soft-cooked egg, lettuce and onion on the bibim rice bun?
Regarding claim 1, the recitation “wherein the bun producing process comprises, a rice cooking stage for gelatinizing and cooking rice; a stir-frying stage for stir-frying vegetables and seasoning; a mixing stage for mixing the cooked rice and the vegetables stir-fried in the frying stage; a cooling stage for cooling the ingredients mixed in the mixing stage; a forming stage for forming the ingredient cooled in the cooling stage to take shape of the rice buns; an oven cooking stage for heat treating the rice buns formed to make shape in the forming stage; and a freezing stage for freezing the rice buns oven cooked in the over cooking stage to retain a shape” renders the claim indefinite. It is not clear what active steps are required.
Regarding claim 1, the recitation “and the ingredients are heat treated by drying with hot air in a first trial and grilling a second trial in the oven cooking stage” renders the claim indefinite. First, there is no antecedent basis for the term “the ingredients” Does Applicants intend to claim the formed rice buns are heat treated by drying with hot air? Second, it is not clear what a trial represents? Is the term trial intended to mean step, for example, wherein the first step is drying with hot air and the second step is grilling? Moreover, it is not clear if the drying and grills steps represent the steps of “oven cooking” or are in addition to “oven cooking.” Lastly, it is not clear if air drying and grilling are required in the oven cooking stage or are part of a “trial” and therefore optional.
Regarding claim 3, the recitation “wherein non-glutinous rice is soaked until a weight thereof becomes 1.1 to 1.5 time and glutinous rice is soaked until a weight thereof becomes 1.15 to 1.55 times” renders the claim indefinite. It is not clear what weight becomes 1.15 to 1.55 or 1.1 to 1.5. Does Applicant intend to claim a step of soaking the non-glutinous rice until the rice weighs 1.1 to 1.5 times its weight before soaking?
Regarding claim 4, the recitation “wherein in the rice cooking stage, the rice is cooked until a material temperature of gelatinized rice becomes 95⁰C or more” renders the claim indefinite because it is not clear what a “material temperature” represents. Does Applicant intend to claim wherein the rice is cooked until the rice is gelatinized and has an internal temperature of 95⁰C or more?
Regarding claim 7, the recitation “wherein the hot pepper paste comprising 11.0 to 17.0 wt% of the hot pepper paste based on 100 parts by weight of the bibim rice bun” renders the claim indefinite. It is not clear how the hot pepper paste could comprise 11.0 to 17.0 wt% of the hot pepper paste. Does the bibim rice bun comprising hot pepper paste in an amount of 11.0 to 17.0 wt% of the rice bibim rice bun?
Regarding claim 8, the recitation “wherein the pregelatinized waxy corn starch is input into stir-fried vegetables when a material temperature of the stir-fried vegetables a material temperature of the stir-fried vegetables is at 60 to 70⁰C” renders the claim indefinite because it is not clear what a “material temperature” represents. Does Applicant intend to claim wherein the pregelatinized waxy corn starch is added to the stir-fried vegetables when the stir-fried vegetables reach a temperature or an internal temperature of between 6o and 70⁰C?
Regarding claim 13, the recitation “wherein in the first hot air processing, the bibim rice bun is dried with hot air at a temperature of 150 to 290⁰C for 1 to 5 minutes” renders the claim indefinite. There is no antecedent basis for “the first hot air processing” in claim 1. Is the hot air processing as step of “drying with hot air in a first trial”?
Regarding claim 14, the recitation “wherein the second grilling/heat treating, the bibim rice bun is grilled in a grilling oven consisting of 8 to 14 gas stoves at a height of 50 to 100 mm for 1 to 5 minutes renders the claim indefinite. First, there is no antecedent base for “the second grilling /heat treating” in claim 1. Is the second grilling/heat treating a step of “grilling in a second trial”? Moreover, it is not clear what has to be at a height of 50 to 100 mm? Are the rice cakes placed at a height of 50 to 100 mm above the gas stoves?
Regarding claim 16, the recitation “ wherein the sauce producing process comprises: a first mixing stage for producing a first mixture by mixing one or more powdery ingredients selected from a group consisting of sugar, MSG, sesame seeds, red pepper powder, salt, black pepper, and xanthan gum, with purified water; a second mixing stage for producing a second mixture by adding one or more liquid ingredients selected from a group consisting of a hot pepper paste, refined rice wine and salted anchovy sauce to the first mixture; a heating stage for heating the second mixture; and a third mixing stage for producing a third mixture by adding modified starches or sesame seed oil to the heated second mixture” renders the claim indefinite. It is not clear what active steps are 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, 4-12 and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (“Spicy Bibimbap Burger For #Burgermonth, May 25, 2016, https://kimchimom.com/spicy-bibimbap-bap-burger-burgermonth/, downloaded July 30, 2026) in view of Yoon-Taylor (My Epicurean Adventures, “Korean Bibimbap”, February 1, 2013, Korean BiBimBap - My Epicurean Adventures https://www.myepicureanadventures.com/2013/02/korean-bibimbap.html, downloaded July 30, 2026) and Nguyen Starch (“Pregelatinized Starch: Properties, Production, and Applications”, February 21, 2023, https://nguyenstarch.com/pregelatinized-starch/#:~:text=Pregelatinized%20starch%20has%20a%20wide,bakery%20products%2C%20and%20confectionery%20items, downloaded July 30, 2026).
Regarding claims 1, 12 and 18, Kim discloses a method of making a spicy bibimbap (i.e., bibim) burger comprising the steps of: (a) preparing a rice bun (Rice “Buns” recipe/Ingredients, Instructions); (b) preparing a spicy bibimbap sauce (i.e., made with fermented red pepper paste – see Spicy Bibimbap Sauce recipe/Ingredients);(c) preparing beef patties; and (d) assembling the spicy bibimbap burger by placing lettuce leaf, beef patty, bibimbap sauce, radish salad on a rice bun and topping with another rice bun (Bibimbap Burger/Ingredients, Instructions).
Kim discloses a method of making the bibim rice bun comprising the steps of: (a) cooking medium-grain white rice in a rice cooker; (b) scooping the cooked rice into a bowl and let cool for 15 minutes: (c) forming the cooled rice into bun shapes; (d) cooking the formed buns by heating on a large skillet with oil. Kim discloses the buns are cooked for 5 minutes and flipped and cooked for another 4 minutes (Rice “Buns” recipe/Instructions).
Kim is silent with respect to cooking in an oven. However, given skill frying and oven cooking are both well-known and interchangeable cookery methods, it would have been obvious to have cooked the molded rice buns of Kim in an oven with a reasonable expectation of success.
While Kim discloses cooling the rice mixture before forming into buns, the reference is silent with respect vacuum cooling and the temperature the rice mixture is cooled to. However, it would have been obvious to one ordinary skill in the art prior to the effective filing date of the present application to have cooled the cooked rice mixture using any known method, including vacuum cooling at a pressure of 0.39 to 0.69 Mpa and a temperature of 5⁰ to 10⁰C, and to any temperature that would allow further handling of the mixture, including to a temperature of 30⁰ to 40⁰C, with a reasonable expectation of success.
Kim is silent with respect to freezing the cooked rice bun. However, one of ordinary skill prior to the effective filing date of the present invention would have been motivated to freeze the cooked rice buns to store and preserve the buns until further use.
Kim is silent with respect stir-frying vegetables, seasonings and pre-gelatinized waxy corn starch to combine with the cooled rice.
Yoon-Taylor teaches a recipes for Korean bibimbap (Introduction). Yoon-Taylor teaches bibimbap is a Korean dish that literally means “mixed rice.” Yoon-Taylor teaches bibimbap is served in a large bowl with warm white rice topped with sauteed and seasoned vegetables, chili pepper paste, fried egg and sliced meat (Introduction).
Kim and Yoon-Taylor are combinable because they are concerned with the same field of endeavor, namely bibimbap-like recipes. Given Yoon-Taylor teach it was known to include sauteed and seasoned vegetables (i.e., stir-fried) on top of rice when making bibimbap, it would have been obvious to one of ordinary skill in the art to have added sauteed and seasoned vegetables to the rice in Kim, before forming the buns, to make a bibimbap bun with flavors of a bibimbap bowl.
Nguyen Starch teaches pregelatinized starch is used in a wide range of applications in the food industry. Nguyen Starch teaches pregelatinized starch is used as a binder in food (e.g., meat – Applications/Food industry).
Given the combination of Kim and Yoon-Taylor disclose rice buns made by combining cooked rice and stir fried vegetables together to form a mixture, forming buns by pressing the mixture into bun shapes, it would have been obvious to one of ordinary skill in the art to have added any pregelatinized starch, including pregelatinized waxy corn starch, to the mixture of rice and stir fried vegetable to help bind the ingredients together and form a bun that coheres.
Regarding claim 4, modified Kim discloses all of the claim limitations as set forth above. Given Kim teaches cooking the rice in a rice cooker with water, inherently the rice, when gelatinized, would reach a temperature of 95⁰C or more.
Regarding claims 5, modified Kim discloses all of the claim limitations as set forth above. While Yoon-Taylor teach stir frying vegetables and seasonings with cooking oil, the reference is silent with respect to rapeseed oil. However, since Yoon-Taylor teaches cooking oil generally, since rapeseed oil is a known cooking oil, it would have been obvious to one of ordinary skill in the art to have used any cooking oil, including rapeseed oil, with a reasonable expectation of success.
As set forth under the rejection of claim 1, the combination of Kim and Nguyen Starch provide the motivation to add pregelatinized waxy corn starch to the vegetables when stir frying.
Regarding claim 6, modified Kim discloses all of the claim limitations as set forth above. Yoon-Taylor teaches a recipe for bibimbap wherein shitake mushrooms, bell peppers, zucchini, onion, carrots and spinach are stir fried together (Ingredients, Instructions). Kim and Yoon-Taylor are silent with respect to chives.
However, given chives are a known seasoning for food, one of ordinary skill in the art prior to the effective filing date of the present application, would have added chives to the stir fry to obtain a desired flavor profile.
Regarding claim 7, modified Kim discloses all of the claim limitations as set forth above. While Yoon-Taylor teach seasonings including salt and garlic, the reference is silent with respect to hot pepper paste, mixed soybean sauce, sugar, corn syrup, beef concentrate, pork, beef dasida, and the amount of hot pepper paste.
Here, each of the claimed seasoning ingredients are considered known food seasonings. Attention is invited to In re Levin, 84 USPQ 232 and the cases cited therein, which are considered in point in fact situation of the instant case. At page 234, the Court stated as follows:
This court has taken the position that new recipes or formulas for cooking food which involve the addition or elimination of common ingredients, or for treating them in ways which differ from the former practice, do not amount to invention, merely because it is not disclosed that, in the constantly developing art of preparing food, no one else ever did the particular thing upon which the applicant asserts his right to a patent. In all such cases, there is nothing patentable unless the applicant by a proper showing further establishes a coaction or cooperative relationship between the selected ingredients which produces a new, unexpected and useful function. In re Benjamin D. White, 17 C.C.P.A. (Patents) 956, 39 F.2d 974, 5 USPQ 267; In re Mason et al., 33 C.C.P.A. (Patents) 1144, 156 F.2d 189, 70 USPQ 221.
Regarding claim 8, modified Kim discloses all of the claim limitations as set forth above. The references are silent with respect to when the pregelatinized waxy corn starch would be added to the stir fry.
However, absent evidence to the contrary, selection of any order of mixing ingredients is prima facie obvious (MPEP §2144.04 IVC). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to have added the starch at any point in the process of stir frying, including when the vegetables reached a temperature of 60⁰ to 70⁰C, with a reasonable expectation that the starch would contribute to the binding of the rice bun.
Regarding claims 9 and 10, modified Kim discloses all of the claim limitations as set forth above. While Yoon-Taylor teach seasonings including salt and garlic, the reference is silent with respect to liquid condiments wherein the liquid condiments include salt, sugar, beef dasida and a brewed soybean sauce.
Here, each of the claimed liquid condiment ingredients are considered known food ingredients that impart flavor to food. Attention is invited to In re Levin, 84 USPQ 232 and the cases cited therein, which are considered in point in fact situation of the instant case. At page 234, the Court stated as follows:
This court has taken the position that new recipes or formulas for cooking food which involve the addition or elimination of common ingredients, or for treating them in ways which differ from the former practice, do not amount to invention, merely because it is not disclosed that, in the constantly developing art of preparing food, no one else ever did the particular thing upon which the applicant asserts his right to a patent. In all such cases, there is nothing patentable unless the applicant by a proper showing further establishes a coaction or cooperative relationship between the selected ingredients which produces a new, unexpected and useful function. In re Benjamin D. White, 17 C.C.P.A. (Patents) 956, 39 F.2d 974, 5 USPQ 267; In re Mason et al., 33 C.C.P.A. (Patents) 1144, 156 F.2d 189, 70 USPQ 221.
Regarding claim 11, modified Kim discloses all of the claim limitations as set forth above. Nguyen Starch provides the motivation to add pregelatinized starch to the stir-fry vegetables. The skilled artisan would have known to agitate or mix the starch into the stir-fry to make a homogenous composition. Moreover, while Nguyen Starch does not teach how much pregelatinized starch should be added to the stir-fried vegetables, one of ordinary skill in the art would have adjusted, in routine processing, the amount of pregelatinized corn starch to add to provide the desired binding of the rice bun while not make the stir-fried ingredients too thick.
Regarding claim 15, modified Kim discloses all of the claim limitations as set forth above. While Kim disclose forming a bun that is 4 inches (i.e., about 101 mm) in diameter and made with 1 scoop of cooled rice, the reference is silent with respect to height and weight. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present application to have made the rice buns of Kim in any diameter, height and weight to obtain a rice bun with a desired serving size.
Regarding claims 16 and 17, modified Kim discloses all of the claim limitations as set forth above. Kim discloses a method or preparing the spicy bibimbap sauce comprising the steps of: (a) mixing fermented red pepper past, white vinegar (i.e., a source of water), sesame oil and sesame seeds together in a bowl and (b) transfer to an air-tight container and store in the refrigerator (Spicy Bibmbap Sauce recipe/Ingredients, Instructions).
While Kim discloses mixing the ingredients all together rather than two mixing steps, absent evidence to the contrary, the selection of any order of combining ingredients is prima facie obvious (MPEP 2144.
Kim is silent with respect to heating the sauce. However, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present application to have simmered the sauce mixture of Kim for 20-30 minutes to blend the ingredients, concentrate the flavor and sterilize the sauce (i.e., kill harmful bacteria).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (“Spicy Bibimbap Burger For #Burgermonth, May 25, 2016, https://kimchimom.com/spicy-bibimbap-bap-burger-burgermonth/, downloaded July 30, 2026) in view of Yoon-Taylor (My Epicurean Adventures, “Korean Bibmbap”, February 1, 2013, Korean BiBimBap - My Epicurean Adventures https://www.myepicureanadventures.com/2013/02/korean-bibimbap.html, downloaded July 30, 2026) and Nguyen Starch (“Pregelatinized Starch: Properties, Production, and Applications”, February 21, 2023, https://nguyenstarch.com/pregelatinized-starch/#:~:text=Pregelatinized%20starch%20has%20a%20wide,bakery%20products%2C%20and%20confectionery%20items, downloaded July 30, 2026) as applied to claim 1, and further in view of Maehashi (“Bibimbap! (Korean Rice Bowl)”, recipetineats, May 31, 2019, Bibimbap! (Korean Rice Bowl) - RecipeTin Eats https://www.recipetineats.com/bibimbap/, downloaded July 31, 2026.
Regarding claim 2, modified Kim discloses all of the claim limitations as set forth above. While Kim discloses making preparing the rice by combining 1.5 cups of uncooked medium-grain white with 2 cups of water in a rice cooker and cooking (i.e., gelatinizing the rice wherein the ratio of rice to water is about 9 parts to 12 parts water or about 43% rice and 57% water-Rice “Buns”/Ingredients, Instructions), the reference is silent with respect to a combination of non-glutinous rice and glutinous rice.
Maehashi teaches a bibimbap recipe. Mashashi teaches bibimbap made with short grain rice (Ingredients). Mashashi also teaches that while bibimbap is traditionally served with short grain rice, any white or other rice of choice is also fine (Recipe Notes 1).
Kim and Maehashi are combinable because they are concerned with the same field of endeavor, namely bibimbap -like recipes. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present application to have used any type of rice in any ratio, as taught by Maehashi, as the rice in the rice buns of Kim. One of ordinary skill would have selected the rice type to achieve a rice bun with desired texture and flavor.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (“Spicy Bibimbap Burger For #Burgermonth, May 25, 2016, https://kimchimom.com/spicy-bibimbap-bap-burger-burgermonth/, downloaded July 30, 2026) in view of Yoon-Taylor (My Epicurean Adventures, “Korean Bibmbap”, February 1, 2013, Korean BiBimBap - My Epicurean Adventures https://www.myepicureanadventures.com/2013/02/korean-bibimbap.html, downloaded July 30, 2026) , Nguyen Starch (“Pregelatinized Starch: Properties, Production, and Applications”, February 21, 2023, https://nguyenstarch.com/pregelatinized-starch/#:~:text=Pregelatinized%20starch%20has%20a%20wide,bakery%20products%2C%20and%20confectionery%20items, downloaded July 30, 2026) and Maehashi (“Bibimbap! (Korean Rice Bowl)”, recipetineats, May 31, 2019, Bibimbap! (Korean Rice Bowl) - RecipeTin Eats https://www.recipetineats.com/bibimbap/, downloaded July 31, 2026 as applied to claim 2, and further in view of Shelly (“Methods for Cooking Rice”, The Chopping Block, April 27, 2021, https://www.thechoppingblock.com/blog/methods-for-cooking-rice, downloaded July 31, 2026).
Regarding claim 3, modified Kim discloses all of the claim limitations as set forth above. While the combination of Kim and Maehashi suggests cooking a combination of rices in water, the reference is silent with respect to soaking the rice prior to cooking.
Shelley teaches soaking rice in covered water for just 30 minutes plumps the grains of the rice (Soaking Rice). Shelly teaches soaking allows the grains to absorb a little water prior to cooking making the grains or rice very tender without getting mushy and the rice cooks very evenly (Soaking Rice).
Kim and Shelley are combinable because they are concerned with the same field of endeavor, namely cooking rice. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present application to have soaked, as taught by Shelley, the rice of Kim as modified by Maehashi, to make a rice that cooks very evenly has a very tender texture without getting mushy. One of ordinary skill in the art would have adjusted, in routine processing, the amount of water the grains absorbed in soaking to obtain the desired final texture in the cooked rice.
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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