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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/7/2025 has been entered.
Claims
Claims 1-9, 11-17 and 19 are pending.
WITHDRAWN OBJECTIONS
All objections of record in the Office Action mailed 7/7/2025 have been withdrawn due to Applicant’s amendments in the Paper filed 10/7/2025.
WITHDRAWN REJECTIONS
All rejections of record in the Office Action mailed 7/7/2025 have been withdrawn due to Applicant’s amendments in the Paper filed 10/7/2025.
NEW OBJECTIONS
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 Objections
Claim 1 is objected to because of the following informalities: lines 10-11 sometime refer to weight as being “grams” while other times “g”. Applicant is advised to be consistent.
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Appropriate correction is required.
Claim 11 is objected to because of the following informalities: lines 2-3 sometime refer to weight as being “grams” while other times “g”. Applicant is advised to be consistent.
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Appropriate correction is required.
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 § 112
Claims 1-9, 11-17 and 19 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 the limitation "p16INK4a" in line 3. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "the p16INK4a".
Claim 1 recites the limitation "step a)" in line 6. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider earlier referring to “a)” and “b)” as steps and stating "the step" in line 6.
Claim 1 recites the limitation "p16INK4a expression" in line 8. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "the expression of p16INK4a".
The phrase “16-25 grams of monounsaturated fats” in claim 1, line 10 is vague and indefinite as it is unclear whether the weight includes the glyceride head in triglycerides or does it just refer to the fatty acid chains of triglycerides, like oleic acid (C18:1).
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The Specification as filed does not provide any guidance.
A single triglyceride with 3 monounsaturated chains, like oleic acid (C18:1), has a different weight than 3 oleic acid chains (C18:1).
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Paragraph [0062] refers to “monounsaturated food” including olive oil and polyunsaturated food including soybean oil. However, not every fatty acid chain in olive oil is C18:1 and not every fatty acid chain in soybean oil is C18:2 and C18:3.
The phrase “4.8-8 grams of polyunsaturated fats” in claim 1, lines 10-11 is vague and indefinite as it is unclear whether the weight includes the glyceride head in triglycerides or does it just refer to the fatty acid chains of triglycerides, like linolenic acid (C18:3).
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The Specification as filed does not provide any guidance.
A single triglyceride with 3 monounsaturated chains, like linolenic acid (C18:3), has a different weight than 3 linolenic acid chains (C18:3).
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Paragraph [0062] refers to “monounsaturated food” including olive oil and polyunsaturated food including soybean oil. However, not every fatty acid chain in olive oil is C18:1 and not every fatty acid chain in soybean oil is C18:2 and C18:3.
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The phrase “1-10 grams of saturated fats” in claim 1, line 11 is vague and indefinite as it is unclear whether the weight includes the glyceride head in triglycerides or does it just refer to the fatty acid chains of triglycerides, like stearic acid (C18:0).
Claim 5 recites the limitation "step a)" in line 1. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider earlier referring to “a)” and “b)” as steps and stating "the step" in line 1.
Claim 6 recites the limitation "step a)" in line 1. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider earlier referring to “a)” and “b)” as steps and stating "the step" in line 1.
Claim 8 recites the limitation "a subject’s" in line 2. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "the subject’s”.
Claim 8 recites the limitation "a subject’s" in line 2, second instance. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "the subject’s”.
Claim 9 recites the limitation "a subject’s" in line 2. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "the subject’s”.
Claim 9 recites the limitation "a subject’s" in line 2, second instance. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "the subject’s”.
Claim 11 recites the limitation "sugars" in line 2. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "the sugars".
Claim 11 recites the limitation "monounsaturated fats" in line 2. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "the monounsaturated fats".
Claim 11 recites the limitation "polyunsaturated fats" in line 3. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "the polyunsaturated fats".
Claim 11 recites the limitation "saturated fats" in line 3. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "the saturated fats".
Claim 17 recites the limitation "the fasting" in line 7. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider earlier stating "fasting". The phrase “caloric fasting” in line 6 has a different meaning than “fasting”.
Claim 17 recites the limitation "p16INK4a expression" in line 8. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "the p16INK4a expression".
Clarification and/or correction required.
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 November 27, 2025