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 .
This office action is in response to preliminary amendment filed on 1/23/25. Claims 1,6-7,9-12,14,15 are amended and claims 2-3 are cancelled. Claims 1, 4-15 are pending.
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 10, 12-15 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.
In claim 10, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Also, the term “ seafood flavoring” is indefinite because it’s unclear what flavoring would be considered as seafood flavoring.
Claim 12 is vague and indefinite. The claim recites a seafood analogue product comprising the composition of claim 1. However, there is no other feature or limitation defining the analogue product other than that it contains the ingestible composition. It’s unclear what is considered as the analogue product.
Claim 13 has the same problem as claim 12. There is no feature defining fish analogue or shellfish analogue. It’s just the digestible composition.
Claims 14-15 have the same problem as claim 12. It’s unclear what would be considered as meat analogue or poultry analogue. The instant specification does not define what constitutes each analogue product. There is no example of what poultry analogue. The product is just the composition.
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.
Claim Rejections - 35 USC § 103
Claim(s) 1, 4-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wolf ( 2018/0084815).
For claims 1,4,5 Wolf discloses a ingestible composition for making seafood analogue comprising about .1-30% plant protein and 1-20% gellan gum comprising high acyl gellan gum and low acyl gellan gum. Table 1 shows a composition comprising high acyl gellan, low acyl gellan gum, soy isolate. The amount of protein based on dry weight without the water is 55%. ( see paragraphs 0003-0009, table 1.)
For claim 6, Wolf discloses the composition comprises dietary fiber. ( see paragraph 0019)
For claims 7,8, Wolf discloses the composition comprises liquid which is a plant-based oil. ( see paragraph 0016)
For claim 9, Wolf discloses the composition comprises alkali metal salt. (see paragraph 0013)
For claim10, Wolf discloses the composition comprises flavoring agent. ( see paragraph 0037)
For claim 11, Wolf discloses the composition is a gel. ( see paragraph 0081)
For claims 12-15, it’s interpreted that the product is the composition because there is no limitation defining the product other than the composition. Wolf discloses the composition as seafood substitute. ( see paragraphs 0024, 0051)
Wolf does not disclose the amount of gellan gum by dry weight as in claim 1, the poultry as in claim 15.
Table 1 shows about 30% high acyl gellan gum and low acyl gellan gum based on dry weight.. However, Wolf discloses the amount of gellan gum can be from .5-10% high acyl and .5-10% low acyl ( paragraph 0006). It would have been obvious to vary the amount of gellan gum depending on the gel strength desired. Such parameter can readily be determined by one skilled in the art through routine experimentation. It would have been obvious to use the composition as poultry analogue as an obvious matter of preference.
Conclusion
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September 16, 2026
/LIEN T TRAN/Primary Examiner, Art Unit 1793
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