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 .
Election/Restrictions
Applicant's election with traverse of claims 1-10 in the reply filed on 07/17/2026 is acknowledged. The traversal is on the ground(s) that “the office does not provide any facts or details as to why these reasons would apply, such as which classes and subclasses would need to be searched for each inventions”. This is not found persuasive because as it was clarified in the restriction mailed on 06/03/2026, the combination, as claimed in claim 1, does not require the particulars of the sub-combination, as claimed in claim 11. The structural features listed in claim 11, such as a raw material that is rich in proteins and in water and an extruder, are not required by the combination, as claimed in claim 1.
The requirement is still deemed proper and is therefore made FINAL.
Claim 11 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected group of the invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 07//17/2026.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 is currently formed of two paragraphs while a claim needs to be of one sentence. 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 1-10 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 “which material pushed through the die flows”, in 11th line, which renders the claim vague and indefinite because prior to the cited limitation, claim 1 already recites “a material”, in 1th line, and it is not clear if the latter cited limitation, in 11th line, refers to the previously cited limitation or refers to a new limitation. Clarification is requested.
Claim 1 recites the limitation of “the downstream” in 21st line. There is insufficient antecedent basis for this limitation in the claim because prior to the cited limitation, claim 1 defines “a downstream end” and “a downstream part”. It is not clear if the cited “the downstream” in 21st line refers to which of the previously cited “a downstream end” or “a downstream part” or it refers to a new limitation. Clarification is required.
Claim 4 recites the limitation of “the downstream” in 3rd line. There is insufficient antecedent basis for this limitation in the claim because prior to the cited limitation, claim 1 defines “a downstream end” and “a downstream part”. It is not clear if the cited “the downstream” in claim 4 refers to which of the previously cited “a downstream end” or “a downstream part” or it refers to a new limitation. Clarification is required.
Claims 7- 8 recite the limitation of “the male divergent” in 3rd line. There is insufficient antecedent basis for this limitation in the claim because prior to the cited limitation, claim 1 recites “a male divergent part” and it is not clear if the latter limitation, in claim 7, refers to previously cited limitation of the same in claim 1 or refers to a new limitation. Clarification is required.
Claim 10 recites the limitation of “said outer surface of the upstream part” in 4th line. There is insufficient antecedent basis for this limitation in the claim because prior to the cited limitation, claim 10 fails to define “an upper surface of the upstream part”. Clarification is required.
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.
Claim(s) 1 – 10 are rejected under 35 U.S.C. 102(a)(1) / (a)(2) as being anticipated by Beyrer et al. (WO 2022/018084).
Beyrer et al. (WO ‘084) discloses a die (30, ¶ [0055]) for extruding a material high in proteins and in water, comprising:
- a casing (an outer casing 31, ¶ [0055]), which is tubular, centered on an axis, and which is provided with a central inlet (traverse grid 16, ¶ [0031]) through which the material enters the interior of the casing to be pushed through the die (30, ¶ [0055]), and
- a core (a part 32.1 of the internal member 32, ¶ [0044]), which is coaxial with the casing (an outer casing 31, ¶ [0055]) and mounted rotatably about the axis relative to the casing (an outer casing 31, ¶ [0055]), wherein the core (a part 32.1 of the internal member 32, ¶ [0044]) includes an upstream part extending at least partially within the casing (an outer casing 31, ¶ [0055]) such that
[AltContent: textbox (A motor drive (35))]
[AltContent: arrow][AltContent: arrow][AltContent: textbox (An upstream end (33A))][AltContent: textbox (A downstream end (33B))][AltContent: textbox (A channel (33))][AltContent: textbox (An inner surface (31A))][AltContent: textbox (A channel (33))][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (A casing (31))][AltContent: arrow][AltContent: arrow][AltContent: textbox (A core (32.1))][AltContent: arrow][AltContent: textbox (A central inlet (16))][AltContent: arrow]
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- a channel (33, ¶ [0033]) is delimited between an inner surface (an inner face 31A of the outer casing 31, ¶ [0034]) of the casing (an outer casing 31, ¶ [0055]) and an outer surface of the core (a part 32.1 of the internal member 32, ¶ [0044]), said channel (33, ¶ [0033]) having a cross-section which is annular and centered on the axis, wherein said channel (33, ¶ [0033]) includes an upstream end (33A, ¶ [0033]) and a downstream end (33B, ¶ [0033]) which are axially opposed to each other and between which material pushed through the die (30, ¶ [0055]) flows into the channel (33, ¶ [0033]) from the upstream end (33A, ¶ [0033]) to the downstream end (33B, ¶ [0033]) of the channel (33, ¶ [0033]), and
- wherein the core (part 32.1 of the internal member 32, ¶ [0044]) also includes a downstream part (part 32.2 of the internal member 32, ¶ [0043]), extending outside the casing (an outer casing 31, ¶ [0055]) and coupled to a motor-drive (a motorization 35, ¶ [0043]) of the die (30, ¶ [0055]), suitable for driving the core (a part 32.1 of the internal member 32, ¶ [0044]) in rotation about the axis,
- wherein the die (30, ¶ [0055]) further includes a male divergent part (a stepping piece 32.4, ¶ [0055]) which is:
- fixedly secured to the casing (an outer casing 31, ¶ [0055]) and coaxially received inside the casing (an outer casing 31, ¶ [0055]) in such a way that, between the male divergent part (a stepping piece 32.4, ¶ [0055]) and the casing, a passage (a distribution chamber 17A, ¶ [0055]) is delimited, through which the central inlet of the casing (an outer casing 31, ¶ [0055]) and the upstream end (33A, ¶ [0033]) of the channel are connected and which is shaped in such a way that the material pushed through the die (30, ¶ [0055]) flows into the passage (a distribution chamber 17A, ¶ [0055]), from the central inlet of the casing (an outer casing 31, ¶ [0055]) toward the upstream end (33A, ¶ [0033]) of the channel, forming a flow of material which diverges from the axis (X – X) toward the downstream end (33B, ¶ [0033]) and is distributed around the axis (X – X), and abutted axially to the upstream part of the core (a part 32.1 of the internal member 32, ¶ [0044]), supporting and guiding the core (a part 32.1 of the internal member 32, ¶ [0044]) in rotation.
As to claim 2, Beyrer et al. (WO ‘084) discloses the male divergent part (a stepping piece 32.4, ¶ [0055]) delimits an internal housing, which is separated from the passage (a distribution chamber 17A, ¶ [0055]) and wherein the upstream part of the core (a part 32.1 of the internal member 32, ¶ [0044]) is received while being supported and guided in rotation.
[AltContent: arrow][AltContent: textbox (An internal housing)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Bearing)][AltContent: textbox (Divergent part (32.4))][AltContent: arrow][AltContent: textbox (An upstream part of the core)][AltContent: arrow]
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As to claim 3, Beyrer et al. (WO ‘084) teaches the die (30, ¶ [0055]) further includes a bearing, which is centered on the axis (X – X) and which is radially interposed between the upstream part of the core (a part 32.1 of the internal member 32, ¶ [0044]) and a wall of the male divergent part (a stepping piece 32.4, ¶ [0055]), delimiting the internal housing.
As to claim 4, Beyrer et al. (WO ‘084) discloses the passage (a distribution chamber 17A, ¶ [0055]) is delimited by an outer surface of the male divergent part (a stepping piece 32.4, ¶ [0055]) which is conical being centered on the axis (X – X) and diverging toward the downstream.
As to claim 5, Beyrer et al. (WO ‘084) teach the casing (an outer casing 31, ¶ [0055]) comprises a die sleeve (conduits 31.1 and 31.2, ¶ [0037]) which delimits said inner surface of the casing (an outer casing 31, ¶ [0055]), and wherein the casing (an outer casing 31, ¶ [0055]) also includes a female divergent part: which is fixedly secured to the die sleeve (conduits 31.1 and 31.2, ¶ [0037]), which is provided with the central inlet (traverse grid 16, ¶ [0031]) of the casing (an outer casing 31, ¶ [0055]), and inside which the male divergent part (a stepping piece 32.4, ¶ [0055]) is fitted coaxially so as to delimit the passage (a distribution chamber 17A, ¶ [0055]) between the female divergent part and the male divergent part (a stepping piece 32.4, ¶ [0055]).
As to claim 6, Beyrer et al. (WO ‘084) disclose the male divergent part (a stepping piece 32.4, ¶ [0055]) is fixedly secured to the casing (an outer casing 31, ¶ [0055]) by respective parts of the male divergent part (a stepping piece 32.4, ¶ [0055]) and of the casing (an outer casing 31, ¶ [0055]), one and/or the other of which are perforated in order to be crossed by said flow of material.
As to claim 7, Beyrer et al. (WO ‘084) teach the male divergent part (a stepping piece 32.4, ¶ [0055]) includes a peripheral flange: by means of which the male divergent part (a stepping piece 32.4, ¶ [0055]) is fixedly secured to the casing (an outer casing 31, ¶ [0055]), which extends, transversely to the axis (X – X), across said flow of material, and which is traversed by the passage (a distribution chamber 17A, ¶ [0055]) via apertures in the peripheral flange, which are distributed around the axis (X – X) and through which the flow of material crosses the peripheral flange.
As to claim 8, Beyrer et al. (WO ‘084) disclose the male divergent part (a stepping piece 32.4, ¶ [0055]) includes a peripheral flange: by means of which the male divergent part (a stepping piece 32.4, ¶ [0055]) is fixedly secured to the casing (an outer casing 31, ¶ [0055]), which extends, transversely to the axis (X – X), across the flow of material, and which is traversed by the passage (a distribution chamber 17A, ¶ [0055]) via apertures in the peripheral flange, which are distributed around the axis (X – X) and through which said flow of material crosses the peripheral flange; and the peripheral flange is axially caught between the die sleeve (conduits 31.1 and 31.2, ¶ [0037]) and the female divergent part of the casing (an outer casing 31, ¶ [0055]).
As to claim 9, Beyrer et al. (WO ‘084) teach the die (30, ¶ [0055]) also includes a sealing member designed to seal a mechanical rotating uncoupling interface between the male divergent part (a stepping piece 32.4, ¶ [0055]) and the core (a part 32.1 of the internal member 32, ¶ [0044]).
As to claim 10, Beyrer et al. (WO ‘084) disclose the sealing member is received in a peripheral groove of the upstream part of the core (a part 32.1 of the internal member 32, ¶ [0044]), and applied radially against a ring of the male diverging part, the ring having an outer surface which is flush with said outer surface of the upstream part of the core (a part 32.1 of the internal member 32, ¶ [0044]).
Correspondence Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEYED MASOUD MALEKZADEH whose telephone number is (571)272-6215. The examiner can normally be reached M-F 8:30AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SUSAN D. LEONG can be reached at (571)270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEYED MASOUD MALEKZADEH/Primary Examiner
Art Unit 1754 09/27/2026
