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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/3/2026 has been entered.
Claims
Claims 1, 3-12 are pending with claims 8-12 withdrawn.
WITHDRAWN OBJECTIONS
All objections of record in the Office Action mailed 10/7/2025 have been withdrawn due to Applicant’s amendments in the Paper filed 2/26/2026.
WITHDRAWN REJECTIONS
All rejections of record in the Office Action mailed 10/7/2025 have been withdrawn due to Applicant’s amendments in the Paper filed 2/26/2026.
NEW OBJECTIONS
Specification
The disclosure is objected to because of the following informalities:
The new phrase added at page 9 is objected to as it states “table” instead of “tablet”.
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Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claim 5 is 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.
The phrase “the edible oil is taken selected from” in Claim 5, lines 2-3 is vague and indefinite. It appears the word “taken” is extraneous. Please correct.
NEW REJECTIONS
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Official Correspondence.
Claim Rejections - 35 USC § 103
Claim(s) 1, 3-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 20140050289).
The claims are interpreted as being directed to a solid beverage composition and not a beverage or a method of making. The beverage and method language are interpreted to the extent that they further define the composition.
Kim (‘289) teaches a solid beverage low compression tablet composition which is dispersible in water to produce a beverage, the solid beverage tablet composition comprising a compression powdered extract of an edible material as a beverage ingredient, herbal tea tablets including oil-containing cinnamon and ginger wherein the tablets can be carried easily and quickly dissolved in water and non-extracted powdered edible material (See Abs., p. 3, l. 5+, claims.), however, fails to expressly disclose wherein a sole binder in the composition is an edible oil.
It would have been foreseeable and obvious prior to the earliest effective filing date since Kim’s (‘289) oil containing tea is the same as claimed and for the same use and no other binder is added that the edible oil from the tea would function as a binder as well.
ANSWERS TO APPLICANT’S ARGUMENTS
The limitations of the amended/new claims are discussed above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENT T O'HERN whose telephone number is (571)272-6385. The examiner can normally be reached M-Th 5:00 am - 3:30 pm.
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/BRENT T O'HERN/ Primary Examiner, Art Unit 1793
February 26, 2026
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