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 .
Status of Action/Claims
Receipt of Remarks/Amendments filed on 2/13/2026 is acknowledged. Claims 1-2, 4-17, 19 and 27 are pending and presented for examination on the merits for patentability. The following rejections are either reiterated or newly applied. They constitute the complete set of rejections presently being applied to the instant application.
Maintained Rejections/Objections
New Matter
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-2, 4-17, 19 and 27 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites “wherein the soy protein has a protein content of at least 55%”. The specification discloses the composition contains at least 55% protein content. The term “soy protein” refers to a protein found in soybeans. Commercial sources of soy protein are generally available in a variety of different forms that vary in their composition and protein content. In general, soy protein products contain between 30-70% protein. (para 0014 and 0062 of specification). However, the specification do not disclose specifically the soy protein (not the composition or soy protein products) has a protein content of at least 55%. Therefore, the recitation “wherein the soy protein has a protein content of at least 55%” represents new matter.
Response to Arguments
Applicant argued Paragraph [0062] of the specification expressly incorporates by reference in its entirety U.S. Publication No. 2013/0142905. Pursuant to MPEP § 608.01(p), material incorporated by reference is considered part of the disclosure of the application as filed. U.S. Publication No. 2013/0142905 expressly discloses soy protein having at least 55% protein content, including at paragraphs [0011] and [0017].
In response, U.S. Publication No. 2013/0142905 (‘905) discloses the composition contains at least 55% protein in para 0011 and 0017. This is similar to the instant specification which also recites the composition contains at least 55% protein. Claim 1 recites “wherein the soy protein has a protein content of at least 55%”, however, neither the specification nor the disclosure of ‘905 disclose specifically the soy protein (not the composition or soy protein products) has a protein content of at least 55%. Therefore, the recitation “wherein the soy protein has a protein content of at least 55%” represents new matter.
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 1-2, 4-17, 19 and 27 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 wherein the soy protein has a protein content of at least 55%. The instant specification disclose the term “soy protein” refers to a protein found in soybeans (para 0062), which suggests that the “soy protein” would have a protein content of 100% since soy protein is the protein. Thus, it is unclear what the other 45% of soy protein is if soy protein does not have 100% protein content.
Claims 2, 4-17, 19 and 27 are included in the rejection as they depend on a rejected base claim and do not clarify the issues discussed above.
Response to Arguments
Applicant argued in paragraph [0062] of the specification, the term "soy protein" refers to commercial soy protein products, which are expressly disclosed as varying in composition and protein content depending on post-harvest processing. Paragraph [0062] further states that soy protein products generally contain between 30-70% protein, with the remainder comprising non- protein components inherent to such commercial products. In view of this express disclosure, a person of ordinary skill in the art would readily understand that the claimed "soy protein having a protein content of at least 55%" refers to a commercially available soy protein product having a protein fraction of at least 55%, not to a purified protein having 100% protein content.
In response, the instant specification discloses the composition contains at least 55% protein content. The term “soy protein” refers to a protein found in soybeans. Commercial sources of soy protein are generally available in a variety of different forms that vary in their composition and protein content. In general, soy protein products contain between 30-70% protein. (para 0014 and 0062 of specification). Contrary to applicant’s argument, nowhere in the specification is it clearly defined that the term “soy protein” refers to a commercial soy protein products. The specification suggest that the soy protein product contains protein but there is no clear definition that “soy protein” refers to / or is the same as a soy protein product. As discussed supra, the instant specification disclose the term “soy protein” refers to a protein found in soybeans (para 0062), which suggests that the “soy protein” would have a protein content of 100% since soy protein is the protein. Thus, it remains unclear what the other 45% of soy protein is if soy protein does not have 100% protein content.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) 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 1-2, 4-17, 19 and 27 are rejected under 35 U.S.C. 103(a) as being unpatentable over AKSNES (US2012/0004157A1; Jan. 5, 2012) in view of SWEENEY, M. P. (U. S. Patent No. 3,916,832) and MIYOTA et al. (U. S. PG-Pub. No. 2005/0142248 A1).
Aksnes throughout the reference teaches feed compositions for promoting growth of fish and for treating/ameliorating disorders such as enteritis (referred to as inflammation of the intestine) (Abstract; Para 0019). Aksnes teaches fish meal has traditionally been used for fish feed but in order to support a growing global farming of fish, there is an interest in replacing marine sources with plant protein sources (e.g., soy bean protein) (para 0006). Aksnes teaches enteritis occurring in soy protein fed fish (para 0293) and wherein the fish type include Salmonidae fish (0012; 0219; 0041).
Aksnes teaches the fish feed composition comprising hydroxproline and particularly bone meal from animals (i.e., animal by-product) wherein bone meal from animals contain hydroxyproline. (para 0031; 0053). Thus, the composition comprising bone meal which contains hydroxyproline reads on the animal by-product recited in the claims. The composition further comprise soy bean protein and astaxanthin (i.e., antioxidant) (para 0334-0335; 0053; 0097). Aksnes also teaches including macronutrients necessary for optimal growth and health of fish (para 0047; 0062-0066). Aksnes also teaches including gelatinized starch as a binder in the composition (para 0193;0195). The amount of astaxanthin in the composition can range from 0.05-0.06% (500-600 ppm) (para 0097), which falls within the amount recited in the instant claims. Aksnes teaches in one embodiment of the present invention the one or more protein sources comprise between 5 and 95% of the feed, such as between 10 and 90%, such as between 15 and 80%, such as between 20 and 75% such as between 25 and 70%, such as between 30 and 65%, such as between 35 and 60%, such as between 40 and 55%, such as between 45 and 50%, or between 30 and 50%, such as between 35 and 45% such as around 40%, or such as between 50 and 70%, such as between 55 and 65% such as around 60% of the feed composition. (para 0154).
Aksnes further teaches a method of providing the fish the fish feed composition (claims; examples 1-6). Aksnes teaches the fish feed composition can be used for feeding fish at any feeding rate and by any feeding method. Feeding rates and frequencies are in part a function of fish size. Small larval fish and fry need to be fed a high protein diet frequently. As fish grow, feeding rate and frequencies should be lowered. (para 0205-0207).
The teachings of Aksnes have been set forth above.
As discussed supra, Aksnes teaches the method step of providing Salmonidae fish the fish feed composition wherein the composition can be used for feeding fish at any feeding rate and by any feeding method and wherein feeding rates and frequencies are in part a function of fish size. However, Aksnes does not expressly teach the method step of providing the composition to fry fish, within an effective period of time after the said fry fish has hatched and for a sufficient number of days thereafter and for a number of days (e.g., 100 to 365 days) after the fish begins feeding by mouth; wherein the composition is provided to the fish until fish achieves a market size weight (e.g., 1 to 12 pounds); and wherein the composition is administered to the fish immediately after the fish begins feeding by mouth. Aksnes also does not expressly teach wherein the composition further includes nut-meal. However, Sweeney and Miyota cure these deficiencies.
SWEENEY teaches a method of aquaculture of a carnivorous aquatic fish species in a generally enclosed body of water, wherein the fish species is the young of carnivorous fish species, i.e. Atlantic salmon (see: col. 32, claims 1-3).
SWEENEY teaches the process which Atlantic salmon eggs are fertilized and hatched. Then the fry (the young Atlantic salmon) will commence feeding for a period of two years, wherein the salmon crop are grown to produce mature size of optimum marketable weight, i.e. about 8 pounds and then harvested (see: col. 11, line 61-63; & col. 20, line 44-56). As such, SWEENEY’s process, as discussed supra, reads on the step of providing the fry salmonidae fish after it has hatched as recited in claims 1, and also implicitly suggested the fry salmonidae fish is fed after the fish begins feeding by mouth as the manner recited in claim 27 because it is obvious that the fish can begin to eat foods after it has hatched and has a mouth to eat.
SWEENEY’s teaching also reads on the recitation “feeding the salmonidae fish for at least 100 days, i.e. 120, 190, 230 and 365 days as recited in claims 4-8, because the period of “two years” would encompass the period of at least 100 days, or the period for 120, 190, 230 or 365 days as claimed.
The teaching of SWEENEY also reads on the “feeding the fish until the fish to achieve the market size”, as recited in the instant claims 9 and 10, because the harvested marketable weight “about 8 pounds” taught by SWEENEY is encompassed by the size weight of “about 1 to about 12 pounds”, and is close to the size weight of “about 6 pounds” as claimed.
With respect to the smaller market size weight, i.e. from about 1 to about 3 pounds, as recited in the instant claim 11, a skilled person in the art would have the capability and knowledge to modify the growing period and harvest condition, i.e. harvest the fish at a relatively young age or small size, depending on the particular species as suggested by SWEENEY (see: col. 12, line 9-27).
The other reference MIYOTA teaches a fish-farming feed which is useful for feeding fish, i.e. salmon (see page 1: [0007]; and page 2: [0021]), comprising vitamin C for stabilizing the feed and additional ingredients that are used in conventional fish-farming feeds, i.e. cereal (e.g. soybean), oil cake meals (e.g. peanut oil meal, palm nut oil meal) which reads on nut-meal recited in instant claims, animal feeds (e.g. fish meal, meat meal, meat-and-bone meal, blood meal) (see page 4: [0054-0059]); and vitamins and minerals (e.g. sodium chloride, potassium chloride, magnesium carbonate (see page 4: [0060]).
It would have been obvious to a person of ordinary skilled in the art at the time the invention was made to follow Aksnes teaching and to feed the Salmonidae fry fish with the fish feed comprising ingredients, e.g., soy protein and astaxanthin, because Aksnes teaches that said fish feed is effective to prevent inflammatory condition (e.g., enteritis) in fish, and it can be provided to any fish which is susceptible to plant-induced enteritis (i.e. soybean protein induced enteritis), especially the family Salmonidae fish.
It would have been obvious to a person of ordinary skilled in the art at the time the invention was made to combine Aksnes and SWEENEY because Aksnes teaches the fish feed composition can be used for feeding fish at any feeding rate and by any feeding method and SWEENEY suggests a process which is useful for farming young salmon fish, wherein the fry (young) salmon fish, after it has hatched, will commence feeding for a period of suitable time until the salmon fish grow to a desirable market weight, i.e. about 8 pounds, and such suggestion provides the motivation for one ordinary skill in the art to do so.
With respect to feeding the salmon fish by mouth as the manner recited, it would have been obvious to a person of ordinary skilled in the art at the time the invention was made to feed the fish by mouth because fish naturally eats food with their mouth.
It would have been obvious to a person of ordinary skill in the art to feed the fish until the fish to achieve the desirable size, i.e. about 8 pounds, because SWEENEY suggests that when the salmon crop are grown to the size such as about 8 pounds, they can be harvested, and such teaching implicitly suggested that such size is marketable. With respect to the smaller market size weight, i.e. from about 1 to about 3 pounds as claimed, a skilled person in the art would have the capability and knowledge to modify the growing and harvest period to produce smaller size salmon fish, if smaller size fish is also desirable. As such, SWEENEY’s teaching is sufficient to establish a prima facie case of obviousness.
It would have been obvious to a person of ordinary skilled in the art at the time the invention was made to incorporate additional and useful fish feed ingredients, i.e. nut meal, into Aksnes fish feed because the reference MIYOTA teaches that nut oil meals are common and useful ingredients added into the conventional fish-farming feed for feeding fish, i.e. salmon. Such teaching provides the motivation for one ordinary skill in the art to include these useful ingredients into their fish feed composition for feeding salmon fish, if they are desirable, as suggested by MIYOTA.
With respect to the amount/concentration of soy protein in the composition, as discussed supra, Aksnes teaches the composition comprise soy bean protein. Aksnes teaches in one embodiment of the present invention the one or more protein sources comprise between 5 and 95% of the feed, such as between 10 and 90%, such as between 15 and 80%, such as between 20 and 75% such as between 25 and 70%, such as between 30 and 65%, such as between 35 and 60%, such as between 40 and 55%, such as between 45 and 50%, or between 30 and 50%, such as between 35 and 45% such as around 40%, or such as between 50 and 70%, such as between 55 and 65% such as around 60% of the feed composition. Aksnes teaches the composition for growth in fish and the natural fish prey for carnivorous fish such as salmonoids has 10-90 wt% of protein. Protein requirements usually are lower for herbivorous fish (plant eating) and omnivorous fish (plant-animal eaters) than they are for carnivorous (flesh-eating) fish, and are higher for fish reared in high density (recirculating aquaculture) than low density (pond aquaculture) systems. Protein requirements generally are higher for smaller fish. As fish grow larger, their protein requirements usually decrease. In one embodiment the fish feed composition comprises from 40 to 80% of protein. (para 0041; 0047; 0050-52; 0101; 0154). Therefore, absence any unexpected effect, it would have been obvious to one skilled in the art to manipulate the amount of soy protein in the composition and determine and optimal amount based on the factors/parameters disclosed by Aksnes which affect the amount of protein required by the fish. Generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Further, Aksnes teaches the composition comprising soy protein which would necessarily have a protein content of 100%.
From the teaching of the references, one of ordinary skill in the art would have had a reasonable expectation of success to arrive at the claimed invention. Therefore, the invention as a whole would have been prima facie obvious to one of ordinary skill in the art at the time the invention was made.
Response to Arguments
Applicants’ arguments filed on 2/13/2026 with respect to the 103 rejections have been fully considered but are not persuasive.
Applicant reiterated the argument that the minimum protein content of 18.7% protein calculated by the examiner is incorrect and that the highest possible protein content for the primary reference is 12.2%, and therefore Aksnes does not teach the amount of soy protein recited in the amended instant claims.
In response, as discussed in the previous office action, while the examiner agrees that the 18.7% protein content calculated by the examiner was incorrect, however, the 12.2% protein content calculated by applicant is limited to the example on Table 1.B and Aksnes does not teach away from amounts of soy protein higher than 12.2%. “Disclosed examples and preferred embodiments do not constitute a teaching away from the broader disclosure or non-preferred embodiment.” In re Susi, 440 F.2d 442, 169 USPQ 423 (CCPA 1971). MPEP 2123. Specifically, as discussed in the 103 rejection above, Aksnes teaches the composition for growth in fish and the natural fish prey for carnivorous fish such as salmonoids has 10-90 wt% of protein. Protein requirements usually are lower for herbivorous fish (plant eating) and omnivorous fish (plant-animal eaters) than they are for carnivorous (flesh-eating) fish, and are higher for fish reared in high density (recirculating aquaculture) than low density (pond aquaculture) systems. Protein requirements generally are higher for smaller fish. As fish grow larger, their protein requirements usually decrease. In one embodiment the fish feed composition comprises from 40 to 80% of protein. (para 0041; 0047; 0050-52; 0101; 0154). Therefore, absence any unexpected effect, it would have been obvious to one skilled in the art to manipulate the amount of soy protein in the composition and determine and optimal amount based on the factors/parameters disclosed by Aksnes which affect the amount of protein required by the fish. Generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Applicant further argued that soy protein was known to induce inflammatory enteritis in fish, and its use as a fishmeal replacement was associated with adverse intestinal effects. In view of this known drawback, a person of ordinary skill in the art would not have been motivated to increase or optimize soy protein content in a routine manner, particularly in salmonidae fry. The claimed method instead relies on controlled early exposure to induce tolerance to soy protein, an approach not taught or suggested by the applied references.
In response, as discussed supra, Aksnes teaches fish meal has traditionally been used for fish feed but in order to support a growing global farming of fish, there is an interest in replacing marine sources with plant protein sources (e.g., soy bean protein). Aksnes acknowledges enteritis occurring in soy protein fed fish and wherein the fish type include Salmonidae fish. Aksnes still teaches in one embodiment the fish feed composition comprises from 40 to 80% of protein. Thus, Aksnes also acknowledges enteritis occurring in soy protein fed fish and still teaches the soy protein can be included in an amount which is greater than 55% as claimed. Further, as discussed supra, the combination of the cited references render obvious all the other method steps recited in the instant claims. As mentioned above, absence any unexpected effect, it would have been obvious to one skilled in the art to manipulate the amount of soy protein in the composition and determine and optimal amount based on the factors/parameters disclosed by Aksnes which affect the amount of protein required by the fish.
NON-STATUTORY 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-2, 4-17, 19 and 27 are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over conflicting claims 1-7 and 22-31 of co-pending U.S. Patent Application No. 16/274,869.
The instant claims are drawn to a method of adapting a salmonidae fish to be resistant to inflammatory enteritis induced by soy protein, wherein the method comprises providing to a salmonidae fry fish, within an effective period of time after said fish has hatched and for a sufficient number of days thereafter, a fishmeal free oral feed composition consisting of: (i) soy protein and (ii) an effective amount of an antioxidant (i.e. astaxanthin);
wherein the feed composition further comprises animal by-product meal, nut-meal, gelatinized starch and macrominerals;
wherein the feed composition is provided to the fish for at least 100 days;
wherein the astaxanthin is present in an amount from about 50 to about 2500 ppm;
wherein the soy protein is present in an amount of at least 25%; OR
wherein the feed composition is administered to the fish while the fish is a fry or is administered to the fish immediately after the fish begins feeding by month.
The conflicting claims 1-7 and 22-31 are drawn to a method of imprinting a fry fish with at least one fishmeal-free composition, which composition effects resistance to inflammatory enteritis induced by soy protein in said fish, the method comprises providing to a fry fish a fishmeal-free composition for a period of time beginning when said fry fish is first fed by mouth until said fry fish reaches about a 50% increase in weight and/or is reared for at least 30 days, wherein said fishmeal-free composition consists of soybean protein, astaxanthin, animal by-product, nut meal and gelatinized starch (claim 1). ‘869 further claims continuing to feed said fry fish for at least 124 days (claim 2). ‘869 claims fishmeal-free composition comprises at least about 500 ppm astaxanthin (claim 3) or at least 70 ppm (claim 27). The composition is continually provided for 100 days to about 365 days until the fish achieves a market pound size or market size weight of between 1 pound to 12 pound (claim 4, 26). The composition further comprises macrominerals and the fish is salmonid fish, salmon or trout (claims 5-7, 22, 28-30). The soybean protein content of the composition is at least 25%.
The instant and conflicting claims differ in that the instant claims 15-17, 19 recite the soy protein is present in an amount of 80%, 60%, 50%, and 25% to 30%, whereas the conflicting claims do not recite this limitation. However, conflicting claims recite the soybean protein content of the composition is at least 25% and absence any unexpected results, it would have been obvious to manipulate the amounts thereof based on, for example, the size of the fish and/or an amount that would yield optimal growth of the fish.
Therefore, one of ordinary skill in the art, at the time the claimed invention was made, would have readily recognized that the conflicting claims of co-pending U.S. Patent Application No. 16/274,869, and the claims in the instant application are obvious variant, and they are not patentability distinct to each other.
Response to Double Patenting Arguments
Applicants Remarks filed on 2/13/2026 have been considered. Applicant argued the rejection be held in abeyance until allowable subject matter has been identified.
In response, since applicant have not provided any substantial arguments regarding the double patenting rejection, the rejection is maintained.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/A.S/ Examiner, Art Unit 1616
/SUE X LIU/ Supervisory Patent Examiner, Art Unit 1616