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 .
Claims
Claims 1-9, 11-17, 19, 22-23 are pending.
WITHDRAWN OBJECTIONS
All objections of record in the Office Action mailed 1/14/2026 have been withdrawn due to Applicant’s amendments in the Paper filed 7/14/2026.
WITHDRAWN REJECTIONS
All rejections of record in the Office Action mailed 1/14/2026 have been withdrawn due to Applicant’s amendments in the Paper filed 7/14/2026.
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, 19, and 22-23 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 “16-25 g of monounsaturated fats, 4.8-8 g of polyunsaturated fats and 1-10 g of saturated fats on day 1 of the FMD” in claim 1, lines 11-12 is vague and indefinite as it is unclear how these values are calculated. It is unclear whether Applicant is referring to fatty acid chains, triglycerides or precisely what.
Applicant has not clarified what Applicant means and the Specification as filed does not provide any guidance.
Applicant’s arguments filed on page 7+ 7/14/2026 Applicant do not make sense and appear impossible.
On page 8, Applicant states “grams amounts of monounsaturated, polyunsaturated fats and saturated fats … are not weight of fatty-acid chains”.
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Applicant’s contention that dietary fats are predominantly triglycerides is reasonable.
Applicant’s contention that gram amounts “monounsaturated, polyunsaturated fats and saturated fats” are not based on “fatty -acid chains” is not reasonable.
Triglycerides and “monounsaturated, polyunsaturated fats and saturated fats” are very different chemical structures. Monounsaturated, polyunsaturated fats and saturated fats are fatty acids or esterified fatty acid chains.
Applicant is inferring that “monounsaturated, polyunsaturated fats and saturated fats” are not “fatty -acid chains”. This position is not accurate.
According to p. 7+ of Applicant’s arguments filed 7/14/2026 Applicant appears to be stating that if a single fatty acid chain on a triglyceride is monounsaturated then the entire weight of the triglyceride is deemed to be monounsaturated.
According to p. 7+ of Applicant’s arguments filed 7/14/2026 Applicant appears to be stating that if a single fatty acid chain on a triglyceride is polyunsaturated then the entire weight of the triglyceride is deemed to be polyunsaturated.
According to p. 7+ of Applicant’s arguments filed 7/14/2026 Applicant appears to be stating that if a single fatty acid chain on a triglyceride is saturated then the entire weight of the triglyceride is deemed to be saturated.
Thus, if one were to follow Applicant’s reasoning 10 grams of fat could theoretically weigh 30 grams as single triglyceride would be 3 different molecules at the same time. This interpretation is impossible.
Below is a drawing of a single triglyceride molecule have chains of C18:0 (saturated), C18:1 (monounsaturated) and C18:3 (polyunsaturated).
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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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The phrase “8-12 g of the monounsaturated fats, 2-4 g of polyunsaturated fats and 1-6 g of saturated fats on any additional days of the FMD” in claim 11, lines 1-4 is vague and indefinite as it is unclear how these values are calculated.
Applicant’s arguments filed on page 7+ 7/14/2026 Applicant do not make sense and appear impossible.
On page 8, Applicant states “grams amounts of monounsaturated, polyunsaturated fats and saturated fats … are not weight of fatty-acid chains”.
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Applicant’s contention that dietary fats are predominantly triglycerides is reasonable.
Applicant’s contention that gram amounts “monounsaturated, polyunsaturated fats and saturated fats” are not based on “fatty -acid chains” is not reasonable.
Triglycerides and “monounsaturated, polyunsaturated fats and saturated fats” are very different chemical structures. Monounsaturated, polyunsaturated fats and saturated fats are fatty acids or esterified fatty acid chains.
Applicant is inferring that “monounsaturated, polyunsaturated fats and saturated fats” are not “fatty -acid chains”. This position is not accurate.
Claim 22 is vague and indefinite as it is unclear whether is referring to monounsaturated, polyunsaturated fats and saturated fats as fatty acids or triglycerides.
Applicant has not clarified what Applicant means and the Specification as filed does not provide any guidance.
Claim 23 is vague and indefinite as it is unclear whether is referring to monounsaturated, polyunsaturated fats and saturated fats as fatty acids or triglycerides.
Applicant has not clarified what Applicant means and the Specification as filed does not provide any guidance.
Clarification and/or correction required.
ANSWERS TO APPLICANT’S ARGUMENTS
The issues regarding monounsaturated, polyunsaturated fats and saturated fats are discussed above.
The limitations of the amended/new claims are discussed above.
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.
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 July 14, 2026
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