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
Claims 21 and 39-45 are objected to because of the following informalities: The Examiner suggests that Claim 21 should be amended to recite in step 9), “to obtain the protein composition”, in order to clarify the claimed method. The preamble of new Claims 39-45 should be amended to recite “The leguminous plant protein composition” to ensure clarity in the claims. New Claim 46 should recite “A food or pharmaceutical product comprising the leguminous plant protein composition according to Claim 36” to ensure clarity in the claims. Appropriate correction is required.
Response to Amendment
Claims 36 and 37 were previously rejected under 35 U.S.C. 112a for scope of enablement. Applicant’s amendment corrects the enablement issue but the claims are now rejected over 112b for lack of antecedence, as set forth below. Claim 38 is now redundant in light of amended Claim 37 and should be cancelled.
Allowable Subject Matter
Claims 21-25 are allowed.
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 36-49 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.
Claims 36 and 37 recite the limitation "wherein the leguminous plant seed" in lines 1-2 of the claim. There is insufficient antecedent basis for this limitation in the claim. The balance of the claims are rejected due to dependency.
Examiner’s Comments
The Examiner has not rejected Claims 21-25 and 36-49 over prior art. The prior art rejection previously set forth has been withdrawn in light of Applicant’s amendments to the claims and in light of the Examiner’s discussion of allowable subject matter in the office action mailed on 11/18/25. Therefore, the Examiner is prepared to allow the pending claims provided the above issues are corrected. The Examiner attempted to contact Mr. Megerditchian on 4/24/26 to discuss possible amendments for allowance but a phone conversation did not take place. Therefore, the office action is made final and deemed proper at this time.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNA A WATTS whose telephone number is (571)270-7368. The examiner can normally be reached Monday-Friday. 9am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nikki Dees can be reached at 571-270-3435. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JENNA A. WATTS
Primary Examiner
Art Unit 1791
/JENNA A WATTS/Primary Examiner, Art Unit 1791 5/1/2026
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