DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office Action is in response to the paper filed 21 May 2026. Claims 1, 2, 6-8, 12, 14, 24, 29, 36-39, and 45 have been amended. Claims 40-44 have been cancelled. Claims 46-53 are newly added. Claims 1-22, 24-30, 32-35, and 45 remain withdrawn, and claim 46 is non-elected and withdrawn. Claims 36-39 and 47-53 are currently pending and under examination.
This Application is a national phase application under 35 U.S.C. §371 of International Application No. PCT/US2021/0192100, filed February 23, 2021, which claims priority to U.S. Provisional Application No. 62/981829, filed February 26, 2020.
Withdrawal of Rejections:
The rejection of claims 36-39 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite, is withdrawn.
The rejection of claim 39 under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form, is withdrawn.
The rejection of claims 36-39 under 35 U.S.C. 101 because the claimed invention is directed to a natural product without significantly more, is withdrawn.
The rejection of claims 36-39 under 35 U.S.C. 102(a)(1) as being anticipated by Sakurai et al., as evidenced by Wikipedia, is withdrawn.
New Rejections Necessitated by Amendment:
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 36-39 and 47-52 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhejiang Ocean University (CN 108077392A, Published 2018; hereafter Zhejiang; Translation provided by Examiner and referred to hereafter).
With regard to claims 36, 37, 47-51, Zhejiang teaches a fresh-keeping solution suitable for contacting, preserving, and storing tuna fish (Abs.), wherein tuna fish includes live fish cells, tissues, and organs. The fresh-keeping solution including distilled water; vitamin E (tocopherol); glucose; sodium chloride; calcium chloride; and peptone, which includes amino acids (Abs.; Claims 1-5).
With regard to claims 38 and 39, Zhejiang teaches a fresh-keeping solution that is usable to keep the tuna fresh, which is preserving the tuna and preventing damage, for 30 days (Example 3), which is fully encompassed within about 5 minutes to about 1 year. As such, the fresh-keeping solution as taught includes the components present in amounts effective to prolong the viability of the live tuna fish cells, tissues, and organs when maintained in the solution, as compared to tuna fish not maintained with the solution.
With regard to claim 52, Zhejiang teaches the fluid as claimed including the components as claimed. As the fluid of Zhejiang cannot be separated from its properties, the fluid is necessarily capable of being at a temperature from about -4°C to about 20°C.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 36-39 and 47-53 are rejected under 35 U.S.C. 103 as being unpatentable over Wadhwa (US 2014/0161955; Published 2014).
With regard to claim 36, Wadhwa teaches a liquid dietary supplement formulation that provides dietary minerals and additional ingredients beneficial for health (Abs.). The formulation including water, including distilled water; water-soluble calcium compounds, including calcium chloride; water-soluble magnesium compounds, including magnesium chloride, and one or more additional compatible ingredients, including flavonoids, which are organic compounds (Abs.; Para. 43-51). As Wadhwa expressly teaches that each of these components can be present together in the formulation, it would have been obvious for one of ordinary skill in the art to provide a formulation comprising these expressly taught components.
Wadhwa renders obvious the liquid composition as claimed including the components as claimed. As the liquid composition of Wadhwa cannot be separated from its properties, the liquid composition of Wadhwa is necessarily suitable for contacting, perfusing, preserving, or storing live fish cells, live fish tissues, or live fish organs.
With regard to claim 37, Wadhwa teaches that the liquid formulation further comprises components including additional minerals, vitamins, antioxidants, buffering agents, pH modifiers, preservatives, and sweeteners (Para. 50-51).
With regard to claims 38 and 39, Wadhwa teaches that the calcium chloride and magnesium chloride, which are salts and factors, are present in the formulation in amounts including 1M (Ex. 1, para. 162); wherein 1M calcium chloride is 110.98 g/L, and 1M magnesium chloride is 203.3 g/L. Applicant teaches that salt is present in the fluid in an amount from about 0.001 g/l to about 1,000 g/l (see Specification, Para. 78). As such, the 314.28 g/L of salts, which is fully encompassed within about 0.001 g/l to about 1,000 g/l, provides factors in the formulation in an amount effective to prolong the viability, preserve, and prevent damage in the live fish cells, the live fish tissues, and the live fish organs, when maintained substantially in the formulation of Wadhwa, as compared to when not stored in the formulation, and wherein viability is maintained from about 5 minutes to about 1 year.
With regard to claim 47, Wadhwa teaches that the liquid formulation further comprises amino acid complexes (Para. 54, 59-62).
With regard to claims 48 and 49, Wadhwa teaches that the liquid formulation further comprises calcium chloride, potassium chloride, sodium bicarbonate, magnesium chloride, and sodium chloride (Para. 49, 54, 70, 74), which are salts and elements that maintain osmolarity/osmolality.
With regard to claim 50, Wadhwa teaches that the liquid formulation further comprises glucose (Para. 87), which is a sugar.
With regard to claim 51, Wadhwa teaches that the liquid formulation further comprises tocopherol, butylated hydroxytoluene (BHT), and butylated hydroxyanisole (BHA) (Para. 80, 99), which are antioxidants.
With regard to claim 52, Wadhwa renders obvious the fluid as claimed including the components as claimed. As the fluid of Wadhwa cannot be separated from its properties, the fluid is necessarily capable of being at a temperature from about -4°C to about 20°C.
With regard to claim 53, Wadhwa teaches a liquid dietary supplement formulation that provides dietary minerals and additional ingredients beneficial for health (Abs.). The formulation including water, including distilled water (Para. 45); organic compounds, including flavonoids (Para. 51); calcium chloride, potassium chloride, sodium bicarbonate, magnesium chloride (Para. 49, 54, 70, 74); glucose (Para. 87); tocopherol, butylated hydroxytoluene (BHT), and butylated hydroxyanisole (BHA) (Para. 80, 99). As Wadhwa expressly teaches that each of these components can be present together in the formulation, it would have been obvious for one of ordinary skill in the art to provide a formulation comprising these expressly taught components.
Wadhwa renders obvious the liquid composition as claimed including the components as claimed. As the liquid composition of Wadhwa cannot be separated from its properties, the liquid composition of Wadhwa is necessarily suitable for contacting, perfusing, preserving, or storing live fish cells, live fish tissues, or live fish organs.
Response to Arguments
In view of Applicant’s amendments, all previous rejections have been withdrawn. Therefore, Applicant’s arguments are moot. However, new rejections have been set forth above.
Conclusion
No claims are allowable.
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 JENNIFER M.H. TICHY whose telephone number is (571)272-3274. The examiner can normally be reached Monday-Thursday, 9:00am-7:00pm ET.
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/JENNIFER M.H. TICHY/Primary Examiner, Art Unit 1653
