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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/27/2026 has been entered.
Allowable Subject Matter
Claims 1-2 are free of prior art.
Response to Arguments
Applicant’s arguments, see the Reply to the Final Office action mailed November 28m 2025, filed March 27, 2026, with respect to claims 1 and 2 have been fully considered and are persuasive. The rejection of claims 1 and 2 under 35 U.S.C. 103 as being unpatentable over Zheng et al (CN 106343567 A) in view of West et al (US 20110206787 A1), as evidenced by Inada et al (Morinda citrifolia Linn. (Noni) and Its Potential in Obesity-Related Metabolic Dysfunction), has been withdrawn. Claims 1-2 are free of prior art.
Claims 6-10 were non-elected without traverse in the response to the restriction requirement filed April 16, 2025. The allowed claims 1 and 2 are directed to the product. The withdrawn claims 6-10 are directed to the process of making the product. Where restriction was required between a product and a process of making and/or using the product, and the product invention was elected and subsequently found allowable, all claims to a nonelected process invention must depend from or otherwise require all the limitations of an allowable claim for the claims directed to that process invention to be eligible for rejoinder (MPEP 821.04).
The Notice of Allowance will be issued upon either cancellation of claims 6-10 or amendments according to the MPEP 821.04. Applicant’s attention is directed to the following passage in MPEP 821.04 Rejoinder [R-07.2022]:
The propriety of a restriction requirement should be reconsidered when all the claims directed to the elected invention are in condition for allowance, and the nonelected invention(s) should be considered for rejoinder. Rejoinder involves withdrawal of a restriction requirement between an allowable elected invention and a nonelected invention and examination of the formerly nonelected invention on the merits.
In order to be eligible for rejoinder, a claim to a nonelected invention must depend from or otherwise require all the limitations of an allowable claim. A withdrawn claim that does not require all the limitations of an allowable claim will not be rejoined. Furthermore, where restriction was required between a product and a process of making and/or using the product, and the product invention was elected and subsequently found allowable, all claims to a nonelected process invention must depend from or otherwise require all the limitations of an allowable claim for the claims directed to that process invention to be eligible for rejoinder. See MPEP § 821.04(b). In order to retain the right to rejoinder, applicant is advised that the claims to the nonelected invention(s) should be amended during prosecution to require the limitations of the elected invention. Failure to do so may result in a loss of the right to rejoinder.
Conclusion
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/VERA STULII/Primary Examiner, Art Unit 1791