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
The Amendments filed on Sept. 10, 2025 has been received and entered.
Claims 1-5 and 7-10 are pending and examined on the merits.
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 statement (IDS) submitted on 1/20/23, 5/25/23, 8/23/23, 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
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.
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). 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.
Conclusion
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 CATHERYNE CHEN whose telephone number is (571)272-9947. The examiner can normally be reached Monday-Friday 9-5:30 PM.
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Catheryne Chen Examiner Art Unit 1655
/ANAND U DESAI/Supervisory Patent Examiner, Art Unit 1655