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 .
DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/24/2026 has been entered.
Claims 1-5 and 7-10 are pending and examined on the merits.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Any rejection not reiterated below are hereby withdrawn.
Election/Restrictions
Applicant’s election without traverse of the species mental fatigue in the reply filed on Feb. 18, 2025 is acknowledged.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 7/7/2026, 5/7/2026, 1/20/23, 5/25/23, 8/23/23, 7/23/2023, 2/14/24, 8/22/24, 3/10/25 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
Claim Rejections - 35 USC § 102
Claim(s) 1-5 and 7-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sakimoto et al. (JP 2005261237 A) as evidenced by Kanamoto et al. (2011, J Agric Food Chem, 59: 8985-8993). This is a new rejection.
Sakimoto et al. teaches a method of improving food effective for improving asthenopia with black soybean seed coat extract composition extracted from black soybean seed coat used as the main ingredient for improving eyestrain and stiff shoulders (Abstract, Background Art). Black soybean seed coat extract contains anthocyanin compounds, which are plant pigments, and contains a lot of cyanidin 3-glucoside, which is said to be highly active, and it causes eye fatigue, dry eyes, headache and stiff shoulders. It has the effect of improving eye strain represented by symptoms (Tech Solution, paragraph 3). Headache is a mental stress. Black soybean seed coat extraction solvent at pH 1-5. Acids to be adjusted to pH 1 to 5 include inorganic acids (hydrochloric acid, sulfuric acid, etc.) or organic acids (formic acid, acetic acid, citric acid, ascorbic acid, etc.), and extraction solvents are water (Best-Mode, paragraph 4). The same extraction solvent and ingredient are used in the same way; therefore, the composition would inherently contain the same compounds in the same amounts as in Claim 1. The black soybean seed coat extract contained 9.2% cyanidin-3-glucoside, 6.2% epicatechin, and 39.7% procyanidins that contains 6.1% dimers, 3.4% trimers, 0.5% tetramers (Kanamoto et al., Table 1, left column). The same extract contains the lower concentration of cyanidin-3-glucoside as compared to a total concentration of 2-mer to 9-mer proanthocyanidins (Kanamoto et al., Table 1, right column).
Response to Arguments
Applicant argues that the reference does not teach any components contained in the black soybean seed coat extract.
In response to Applicant’s argument, the new reference teaches black soybean seed coat extract contained 9.2% cyanidin-3-glucoside, 6.2% epicatechin, and 39.7% procyanidins that contains 6.1% dimers, 3.4% trimers, 0.5% tetramers (Kanamoto et al., Table 1, left column). The same extract contains the lower concentration of cyanidin-3-glucoside as compared to a total concentration of 2-mer to 9-mer proanthocyanidins (Kanamoto et al., Table 1, right column).
Applicant argues that the extraction processes are not the same.
In response to Applicant’s argument, the claims are drawn toward a method of treating a condition with extracting black soybean seed coat with water and sulfuric acid. Black soybean seed coat extraction solvent at pH 1-5. Acids to be adjusted to pH 1 to 5 include inorganic acids (hydrochloric acid, sulfuric acid, etc.) or organic acids (formic acid, acetic acid, citric acid, ascorbic acid, etc.), and extraction solvents are water (Best-Mode, paragraph 4). The same method is taught.
Conclusion
No claim is allowed.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERYNE CHEN whose telephone number is (571)272-9947. The examiner can normally be reached on Monday-Friday 9-5:30 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice .
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anand U Desai can be reached on 571-272-0947. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
Catheryne Chen Examiner Art Unit 1655
/ANAND U DESAI/Supervisory Patent Examiner, Art Unit 1655
Prosecution Insights