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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/26/2026 has been entered.
Withdrawn Rejection
The 112, second paragraph set forth in previous office action has been withdrawn.
The 35 U.S.C. 103 rejection over claim 7 , 8, 9 and 10 as being unpatentable over Schasteen et al. (US 2004/0175434) have been withdrawn.
Application Status
Claim 7-10 and new claim 11 are under examination.
Claim 1-6 are cancelled.
Claim 7-11 are rejected.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 7-11 are rejected under 35 U.S.C. 103 as being unpatentable over Cazemier (US 7,727,568).
Regarding claim 7, 9, 10 and 11, Cazemier discloses a method of treating microbial infection, includes Salmonella (‘568, col. 2, ln. 42-48; claim 10) in an animal (pet) comprising providing feed composition (pet food composition) with animal fat (pet food ingredient) (‘568, col. 3, ln. 42) and an antimicrobial composition (‘568, claim 1). Cazemier discloses the antimicrobial composition consisting of at least 50% by weight of lactic acid, which is in range with the cited range; and acetic acid, (iso)butyric acid and (iso)valeric acid (‘568, claim 1, claim 11).
Cazemier discloses the antimicrobial composition in an amount of maximum of 10% based on the feed composition (pet food composition) (‘568, col. 3, ln. 36-42), which overlaps the cited range. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 8, Cazemier discloses the lactic acid is between 50% and 99 wt% (‘568, claim 12), which overlaps the cited range. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Response to Arguments
Applicant’s arguments with respect to claim(s)7-11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HONG THI YOO whose telephone number is (571)270-7093. The examiner can normally be reached M-F, 7AM to 3PM.
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/HONG T YOO/Primary Examiner, Art Unit 1792