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 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 1-6 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.
Claim 1 recites “shortening the time required for the frying”. It is not clear what the fry time is being compared to. Claim 1 also recites “minimizing oil splattering”. It is not clear oil splattering would be required. What amount would be considered minimized? It is not clear what the claimed process is being compared to. It is not clear if the comparison would require identical foods, identical oil temperatures, identical amounts, etc… It is not clear what specific measurable attributes are required by the claims.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Murano et al [US 2016/0135475A1].
Murano et al teach a method for frying food (paragraph 0025) by supplying a cooking oil having 0.02-0.09% polyglycerin fatty acid esters (abstract), and the cooking batter coated foods (paragraph 0033). The process of Murano et al would also inherently provide shortened cook time and/or reduced splattering due to the use of the same materials and processing steps as those claimed by applicant.
Claims 1-2, 4, 6 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Aoki et al [US 2026/0240186A1].
Aoki et al teach a method for frying food (paragraph 0033) by use of a fry oil including at least 1.8% glycerin fatty acid ester (paragraph 0083), a further edible oil/fat (paragraph 0095), cooking of battered and/or breaded foods (paragraph 0098). The process of Aoki et al would also inherently provide shortened cook time and/or reduced splattering due to the use of the same materials and processing steps as those claimed by applicant.
Claims 1-3, 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suwa et al [US 5,897,906].
Suwa et al teach frying food in oil (abstract) by use of an oil including 0.01-5% polyglycerin fatty acid ester (abstract), other oils (column 3, lines 4-10). The process of Suwa et al would also inherently provide shortened cook time and/or reduced splattering due to the use of the same materials and processing steps as those claimed by applicant.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Noriaki et al [JP H0974999A].
Noriaki et al teach frying food in oil (abstract) by use of oil with 0.005-10% polyglycerin fatty acid esters (page 2, paragraph 0007), other oils/fats (page 2, paragraph 0009), the use of polyglycerin condensed ricinoleic acid ester (page 3, final paragraph), creating a battered food for tempura cooking (page 4, 2nd paragraph). The process of Noriaki et al would also inherently provide shortened cook time and/or reduced splattering due to the use of the same materials and processing steps as those claimed by applicant.
Claims 1-3, 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seki et al [US 2004/0013788A1].
Seki et al teach a method for frying foods (paragraph 0046) by use of an oil composition (paragraph 0024) including 0.05-10% (paragraph 0039) polyglycerin fatty acid esters such as polyglycerin condensed ricinoleate (paragraph 0040). The process of Seki et al would also inherently provide shortened cook time and/or reduced splattering due to the use of the same materials and processing steps as those claimed by applicant.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoriyasu [JP 2019149974A].
Yoriyasu et al teach a method for fry cooking (abstract) by use of fry oil with up to 2% polyglycerin condensed ricinoleic acid ester and diglycerin fatty acid ester (page 2, 3rd paragraph), and frying of tempura chicken (page 4, 2nd paragraph). The process of Yoriyasu et al would also inherently provide shortened cook time and/or reduced splattering due to the use of the same materials and processing steps as those claimed by applicant.
Claims 1-3, 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yasuo et al [JP H08131070A].
Yasuo et al teach frying foods (abstract) by use of oil with up to 4% polyglycerin fatty acid ester or polyglycerin condensed ricinoleic acid ester (page 2, paragraph 0007-0008). The process of Yasuo et al would also inherently provide shortened cook time and/or reduced splattering due to the use of the same materials and processing steps as those claimed by applicant.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DREW E BECKER whose telephone number is (571)272-1396. The examiner can normally be reached 8am-5pm Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Erik Kashnikow can be reached at 571-270-3475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DREW E BECKER/Primary Examiner, Art Unit 1792
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