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
Claim 31 is objected to because of the following informalities: in line 7, the word “am" appears to be a misspelling of “an”. Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,185,729. Although the claims at issue are not identical, they are not patentably distinct from each other because both application and patent are drawn to the substantially similar method and product.
In the instant application, claim 21 recites: “A method for making a yeast-based dough product, the method comprising: preparing a yeast broth including: dispersing an amount of yeast into water; and mixing the amount of yeast with water until a homogenized solution is reached;
mixing the yeast broth with a pre-blend of dry ingredients to form a batter, the pre-blend of dry
ingredients including wheat flour; and without allowing a resting period or a fermentation period, baking the batter to produce a baked product, wherein the amount of yeast includes from about 2.0% to about 6.0% by weight of the batter”; where claims 1 and 19 together of Patent 12,185,729 recite: “A method for making a yeast-based dough product, the method comprising: preparing a yeast broth including: dispersing an amount of yeast into water; and mixing the amount of yeast with water until a homogenized solution is reached; mixing the yeast broth with a pre-blend of dry ingredients to form a batter, the pre-blend of dry ingredients including wheat flour; and without allowing a resting period or a fermentation period, baking the batter to produce a baked product, wherein the amount of yeast in preparing the yeast broth is determined based at least in part on achieving instantaneous gassing without a rise in batter volume when mixing the yeast broth with the pre-blend of dry ingredients; wherein the amount of yeast includes from about 2.0% to about 6.0% by weight of the batter.
The instant claim 22 recites: preparing a yeast broth further comprises mixing sugar with the homogenized solution.; where claim 2 of Patent 12,185,729 recites: preparing a yeast broth further comprises mixing sugar with the homogenized solution.
The instant claim 23 recites: mixing the yeast broth with a pre-blend of dry ingredients to form a batter further comprises blending the yeast broth with the pre-blend of dry ingredients at a first speed for a first duration and at a second speed for a second duration, the second speed higher than the first speed.; where claim 3 of Patent 12,185,729 recites: wherein mixing the yeast broth with a pre-blend of dry ingredients to form a batter further comprises blending the yeast broth with the pre-blend of dry ingredients at a first speed for a first duration and at a second speed for a second duration, the second speed higher than the first speed.
The instant claim 24 recites: comprising controlling yeast activity during baking by controlling one or more of: temperature of water in the yeast broth, temperature of the yeast
broth, batter temperature, concentration of yeast in the yeast broth, or baking temperature; where claim 4 of Patent 12,185,729 recites: comprising controlling yeast activity during baking by controlling one or more of: temperature of water in the yeast broth, temperature of the yeast broth, batter temperature, concentration of yeast in the yeast broth, or baking temperature.
The instant claim 25 recites: controlling yeast activity during baking includes controlling the temperature of the yeast broth between about 65°F to about 70°F; where claim 5 of Patent 12,185,729 recites: controlling yeast activity during baking includes controlling the temperature of the yeast broth between about 65° F. to about 70° F.
The instant claim 26 recites: baking the batter comprises one or more of: baking the batter using a conventional oven, baking the batter using a convection oven, baking the batter using a microwave oven, or baking the batter on a griddle; where claim 6 of Patent 12,185,729 recites: baking the batter comprises one or more of: baking the batter using a conventional oven, baking the batter using a convection oven, baking the batter using a microwave oven, or baking the batter on a griddle.
The instant claim 27 recites: the dry ingredients are free of chemical leaveners and comprise one or more of: salt, flavoring, dairy powder, egg, proteins, starch, or whole grain flour.; where claim 7 of Patent 12,185,729 recites: the dry ingredients are free of chemical leaveners and comprise one or more of: salt, flavoring, dairy powder, egg, proteins, starch, or whole grain flour.
The instant claim 28 recites: the pre-blend is prepared by blending the dry ingredients at a temperature between about 65°F to about 75°F.; where claim 7 of Patent 12,185,729 recites: the pre-blend is prepared by blending the dry ingredients at a temperature between about 65° F. to about 75° F.
The instant claim 29 recites: baking the batter to produce a baked product includes baking the batter at a temperature below 450°F; where claim 7 of Patent 12,185,729 recites: baking the batter to produce a baked product includes baking the batter at a temperature below 450° F.
The instant claim 30 recites: baking the batter to produce a baked product includes baking the batter at a temperature below 450°F; where claim 20 of Patent 12,185,729 recites: the batter is free of chemical leaveners, and wherein the amount of yeast includes from about 2.0% to about 6.0% by weight of the batter.
The instant claim 31 recites: A dough product having no chemical leaveners, comprising: a batter baked at an elevated temperature, the batter including a mixture of: a yeast broth having a homogenized solution of an amount of yeast and water; and a pre-blend of dry ingredients including wheat flour; wherein the batter is baked without allowing a resting period or a fermentation period and wherein the amount of yeast in the yeast broth is included in an amount about 2.0% to about 6.0% by weight of the batter; where claim 10 of Patent 12,185,729 recites: A dough product having no chemical leaveners, comprising: a batter baked at an elevated temperature, the batter including a mixture of: a yeast broth having a homogenized solution of an amount of yeast and water; and a pre-blend of dry ingredients including wheat flour; wherein the batter is baked without allowing a resting period. The claims differ in the lack of disclosure of 2 to 6% yeast in claim 10 of the patent. However, it is clear from the specification and from claims 19 and 20 that the amount of yeast at 2 to 6% is within the scope of claim 10 and therefore renders the instant claim obvious.
The instant claim 32 recites: the dough product is one or more of: a pancake, a waffle, a pizza, a flat bread, or a bread ; where claim 11 of Patent 12,185,729 recites: the dough product is one or more of: a pancake, a waffle, a pizza, a flat bread, or a bread.
The instant claim 33 recites: wherein the dry ingredients are free of chemical leaveners and comprise one or more of: salt, flavoring, dairy powder, egg, proteins, starch, or whole grain flour; where claim 12 of Patent 12,185,729 recites: the dry ingredients are free of chemical leaveners and comprise one or more of: salt, flavoring, dairy powder, egg, proteins, starch, or whole grain flour.
The instant claim 34 recites: the yeast broth further comprises sugar mixed with the homogenized solution.; where claim 13 of Patent 12,185,729 recites: wherein the yeast broth further comprises sugar mixed with the homogenized solution.
The instant claim 35 recites: A method for making a yeast-based dough product, the method comprising: preparing a yeast broth, including: dispersing an amount of yeast into water, adding oil, and mixing the amount of yeast with water and oil until a homogenized solution is reached; mixing the yeast broth with a pre-blend of dry ingredients to form a dough, the pre-blend of dry ingredients including wheat flour; sheeting the dough to form a crust; and without allowing a resting period or a fermentation period, baking the crust to produce a baked product, wherein the amount of yeast includes from about 2.0% to about 6.0% by weight of the batter.; where claim 14 of Patent 12,185,729 recites: A method for making a yeast-based dough product, the method comprising: preparing a yeast broth, including: dispersing an amount of yeast into water; adding oil; and mixing the amount of yeast with water and oil until a homogenized solution is reached; mixing the yeast broth with a pre-blend of dry ingredients to form a dough, the pre-blend of dry ingredients including wheat flour; sheeting the dough to form a crust; and without allowing a resting period or a fermentation period, baking the crust to produce a baked product; wherein the amount of yeast in preparing the yeast broth is determined based at least in part on achieving instantaneous gassing without a rise in dough volume when mixing the yeast broth with the pre-blend of dry ingredients.
The instant claim 36 recites: mixing the yeast broth with a pre-blend of dry ingredients to form a dough further comprises blending the yeast broth with the pre-blend of dry ingredients at a first speed for a first duration and at a second speed for a second duration, the second speed higher than the first speed.; where claim 15 of Patent 12,185,729 recites: mixing the yeast broth with a pre-blend of dry ingredients to form a dough further comprises blending the yeast broth with the pre-blend of dry ingredients at a first speed for a first duration and at a second speed for a second duration, the second speed higher than the first speed.
The instant claim 37 recites: further comprising controlling yeast activity during baking
by controlling one or more of: temperature of water in the yeast broth, temperature of the yeast broth, dough temperature, concentration of yeast in the yeast broth, or baking temperature.; where claim 16 of Patent 12,185,729 recites: controlling yeast activity during baking by controlling one or more of: temperature of water in the yeast broth, temperature of the yeast broth, dough temperature, concentration of yeast in the yeast broth, or baking temperature.
The instant claim 38 recites: baking the crust comprises one or more of: baking
the crust using a conventional oven, baking the crust using a convection oven, baking the crust using a microwave oven, or baking the crust on a griddle; where claim 17 of Patent 12,185,729 recites: baking the crust using a conventional oven, baking the crust using a convection oven, baking the crust using a microwave oven, or baking the crust on a griddle.
The instant claim 39 recites: the dry ingredients are free of chemical leaveners and comprise one or more of: whole wheat flour, salt, flavoring, dairy powder, egg, protein, starch, soy protein, or whole grain flour.; where claim 18 of Patent 12,185,729 recites: the dry ingredients are free of chemical leaveners and comprise one or more of: whole wheat flour, salt, flavoring, dairy powder, egg, protein, starch, soy protein, or whole grain flour.
The instant claim 40 recites: wherein the dough is free of chemical leaveners.; where claim 18 of Patent 12,185,729 recites: the dry ingredients are free of chemical leaveners and comprise one or more of: whole wheat flour, salt, flavoring, dairy powder, egg, protein, starch, soy protein, or whole grain flour.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 21, 22, 24-34 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2010/0015279) in view of Grant (DE 1916440 Derwent Abstract) and Dan et al. (RO 112229 Derwent Abstract).
Regarding Claim 21: Zhang discloses a method of making gluten free bakery product. Zhang discloses combining a premix of ingredients to form a dough [0033]. Zhang discloses taking a portion of the pre-mix and then mixing with the remaining portions of the premix 0033]. Zhang discloses that the mix does not need to contain chemical leaveners and can contain only yeast as the leavener [0008]. Zhang discloses controlling the dough temperature of 60°F to 80°F so that there is no leavening that occurs during mixing [0033]. Zhang discloses baking without resting [0033]. Zhang discloses that the method can solely utilize yeast and can contain salt, flour, eggs, and protein [0018; 0033; 0059]. Grant does not disclose a chemical leavener and discloses flour and salt [Abstract].
Zhang does not disclose a yeast brew.
Zhang does not disclose homogenizing the water and yeast.
Grant discloses a stable yeast brew containing water and yeast [abstract]. Grant discloses combining the yeast brew and initiate gassing in the brew and then cooling the temperature of the brew [abstract]. Grant discloses combining the cooled yeast brew with additional dough ingredients including flour, shortening, sugar, salt and water [abstract].
Dan discloses a yeast suspension prepared by homogenizing water and yeast and corn germ flour [abstract].
At the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the method of Zhang to include adding a yeast brew to dough ingredients since Zhang allows for parts of the pre-blend to be added together in different combinations and since the yeast brew would have provided the gas necessary for rising during baking.
Further it would have been obvious to modify the method of Zhang to utilize the homogenized yeast as in Dan in order to provide a homogenous mixture of yeast and water, making it easier to evenly mix with the remaining ingredient in the pre-mix.
Regarding Claim 22: Zhang as modified discloses as discussed above in claim 21. Zhang discloses adding sugars as source of energy for the yeast [0027]. Zhang does not disclose that the yeast broth contains sugar. Grant discloses including sugar in the yeast brew [abstract].
At the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the method of Zhang to include sugar in the yeast brew as in Grant in order to provide food for the yeast.
Regarding Claim 24: Zhang discloses as discussed above in claim 21. Zhang discloses controlling the dough temperature of 60°F to 80°F so that there is no leavening that occurs during mixing [0033].
Regarding Claim 25: Zhang discloses as discussed above in claim 24. Zhang does not disclose controlling the temperature of the yeast.
Grant discloses cooling the yeast brew to 60°F or lower.
At the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the method of Zhang to include cooling the yeast brew to 60°F or lower in order to suppress further fermentation of the yeast broth.
Although Grant does not disclose a temperature of about 65°F to about 70°F, they are substantially close to that of the instant claims, one of ordinary skill would have expected compositions that are in such close proportions to those in prior art to be prima facie obvious and to have same properties. Titanium Metals Corp., 227 USPQ 773 (CAFC 1985),
Regarding Claim 26: Zhang discloses as discussed above in claim 21. Zhang discloses using an impingement oven [0036; 0037]. An impingement oven is a type of convection oven and therefore meets the claim limitation.
Regarding Claim 27: Zhang discloses as discussed above in claim 21. Zhang does not require a chemical leavener and can solely utilize yeast and can contain salt, flour, eggs, and protein [0018; 0033; 0059]. Grant does not disclose a chemical leavener and discloses flour and salt [Abstract].
Regarding Claim 28: Zhang discloses as discussed above in claim 21. Zhang discloses controlling the dough temperature of 60°F to 80°F so that there is no leavening that occurs during mixing [0033].
Although Zhang does not disclose about 65°F to about 75°F one having ordinary skill in the art at the time the invention was made would have considered the invention to have been obvious because the range taught by Zhang overlaps the instantly claimed range and therefore is considered to establish a prima facie case of obviousness.
Regarding Claim 29: Zhang discloses as discussed above in claim 21. Zhang discloses baking the dough at a temperature of 420°F [0036; 0037].
Regarding Claim 30: Zhang discloses as discussed above in claim 21. Zhang does not require a chemical leavener and can solely utilize yeast and can contain salt, flour, eggs, and protein [0018; 0033; 0059]. Grant does not disclose a chemical leavener and discloses flour and salt [Abstract].
Regarding Claim 31: Zhang discloses a method of making gluten free bakery product. Zhang discloses combining a premix of ingredients to form a dough [0033]. Zhang discloses taking a portion of the pre-mix and then mixing with the remaining portions of the premix 0033]. Zhang discloses that the mix does not need to contain chemical leaveners can solely utilize yeast as the leavener [0008; 0018; 0059]. Zhang discloses controlling the dough temperature of 60°F to 80°F so that there is no leavening that occurs during mixing [0033]. Zhang discloses baking without resting [0033].
Zhang does not disclose a yeast brew.
Zhang does not disclose homogenizing the water and yeast.
Grant discloses a stable yeast brew containing water and yeast [abstract]. Grant discloses combining the yeast brew and initiate gassing in the brew and then cooling the temperature of the brew [abstract]. Grant discloses combining the cooled yeast brew with additional dough ingredients including flour, shortening, sugar, salt and water [abstract]. Grant does not disclose a chemical leavener and discloses flour and salt [Abstract]. Grant does not disclose a chemical leavener and discloses flour and salt [Abstract].
Dan discloses a yeast suspension prepared by homogenizing water and yeast and corn germ flour [abstract].
At the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the method of Zhang to include adding a yeast brew to dough ingredients sine Zhang allows for parts of the pre-blend to added together in different combinations and since the yeast brew would have provided the gas necessary for rising during baking.
Further it would have been obvious to modify the method of Zhang to utilize the homogenized yeast as in Dan in order to provide a homogenous mixture of yeast and water making it easier to evenly mix with the remaining ingredient in the pre-mix.
Regarding Claim 32: Zhang discloses as discussed above in claim 31. Zhang discloses making bread, flat bread, or pizza [0031].
Regarding Claim 33: Zhang discloses as discussed above in claim 31. Zhang discloses that the method can solely utilize yeast and can contain salt, flour, eggs, and protein [0018; 0033; 0059]. Grant does not disclose a chemical leavener and discloses flour and salt [Abstract].
Regarding Claim 34: Zhang as modified discloses as discussed above in claim 31. Zhang discloses adding sugars as source of energy for the yeast [0027]. Zhang does not disclose that the yeast broth contains sugar. Grant discloses including sugar in the yeast brew [abstract].
At the effective filing date of the invention, it would have been obvious to one of the ordinary skill in the art to modify the method of Zhang to include sugar in the yeast brew as in Grant in order to provide food for the yeast.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2010/0015279) in view of Grant (DE 1916440 Derwent Abstract) and Dan et al. (RO 112229 Derwent Abstract) as applied to claim 21 above and in further view of Tollefson et al. (US 4,018,898).
Regarding Claim 23: Zhang discloses as discussed above in claim 21. Zhang does not disclose wherein mixing the yeast broth with a pre-blend of dry ingredients to form a batter further comprises blending the yeast broth with the pre-blend of dry ingredients at a first speed for a first duration and at a second speed for a second duration, the second speed higher than the first speed.
Tollefson discloses mixing dough at a low speed and then at a higher speed [col. 5, lines 25-28].
At the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the method of Zhang to include mixing the dough at low speed and then at higher speed as in Tollefson to insure that the ingredients were adequately mixed.
Claims 35, 37-40 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2010/0015279) in view of Grant (DE 1916440 Derwent Abstract), Christensen et al. (US 2006/0216388), and Dan et al. (RO 112229 Derwent Abstract).
Regarding Claims 35 and 37: Zhang discloses a method of making gluten free bakery product. Zhang discloses combining a premix of ingredients to form a dough [0033]. Zhang discloses taking a portion of the pre-mix and then mixing with the remaining portions of the premix 0033]. Zhang discloses that the mix does not need to contain chemical leaveners and can contain only yeast as the leavener [0008]. Zhang discloses controlling the dough temperature of 60°F to 80°F so that there is no leavening that occurs during mixing [0033]. Zhang discloses baking without resting [0033].
Zhang does not disclose a yeast brew containing water, yeast, and oil.
Zhang does not disclose homogenizing the water, yeast, and oil.
Grant discloses a stable yeast brew containing water and yeast [abstract]. Grant discloses combining the yeast brew and initiate gassing in the brew and then cooling the temperature of the brew [abstract]. Grant discloses combining the cooled yeast brew with additional dough ingredients including flour, shortening, sugar, salt and water [abstract]. Grant does not disclose a chemical leavener and discloses flour and salt [Abstract].
Christensen discloses mixing yeast, water and oil first before mixing with remaining ingredients [0031].
Dan discloses a yeast suspension prepared by homogenizing water and yeast and corn germ flour [abstract].
At the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the method of Zhang to include adding a yeast brew to dough ingredients sine Zhang allows for parts of the pre-blend to added together in different combinations and since the yeast brew would have provided the gas necessary for rising during baking.
Further it would have been obvious to modify the method of Zhang to include oil in the brew mixture as in Christensen in order to provide a source of fat to the dough.
Further it would have been obvious to modify the method of Zhang to utilize the homogenized yeast as in Dan in order to provide a homogenous mixture of yeast and water making it easier to evenly mix with the remaining ingredient in the pre-mix.
Regarding Claim 38: Zhang discloses as discussed above in claim 35. Zhang discloses using an impingement oven [0036; 0037]. An impingement oven is a type of convection oven and therefore meets the claim limitation.
Regarding Claim 39: Zhang discloses as discussed above in claim 35. Zhang discloses that the method can solely utilize yeast and can contain salt, flour, eggs, and protein [0018; 0033; 0059]. Grant does not disclose a chemical leavener and discloses flour and salt [Abstract].
Regarding Claim 40: Zhang discloses as discussed above in claim 35. Zhang discloses making bread, flat bread, or pizza [0031].
Claim 36 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2010/0015279) in view of Grant (DE 1916440 Derwent Abstract), Christensen et al. (US 2006/0216388), and Dan et al. (RO 112229 Derwent Abstract) as applied to claim 35 above and in further view of Tollefson et al. (US 4,018,898).
Regarding Claim 36: Zhang discloses as discussed above in claim 35. Zhang does not disclose wherein mixing the yeast broth with a pre-blend of dry ingredients to form a batter further comprises blending the yeast broth with the pre-blend of dry ingredients at a first speed for a first duration and at a second speed for a second duration, the second speed higher than the first speed.
Tollefson discloses mixing dough at a low speed and then at a higher speed [col. 5, lines 25-28].
At the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the method of Zhang to include mixing the dough at low speed and then at higher speed as in Tollefson to insure that the ingredients were adequately mixed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FELICIA C TURNER whose telephone number is (571)270-3733. The examiner can normally be reached Mon-Thu 8:00-4:00 pm.
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/Felicia C Turner/Primary Examiner, Art Unit 1793
