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 .
Preliminary amendments were filed 10/07/2022 and 03/29/2023.
Information Disclosure Statement
Information disclosure statements were filed on 10/07/2022 and 01/14/2026.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1, 9, 10, 12, 14-18, 25, 29, 34, 41-43, and 98 in the reply filed on 01/14/2026 is acknowledged.
Dr. Hoover was called on 02/03/2026 for clarification, because the election of species was between:
claims 1, 9, 10, 12, 14-18, 25, 29, 34, 41-43, b) claim 98.
Dr Hoover elected Group a) claims 1, 9, 10, 12, 14-18, 25, 29, 34, 41-43, without traverse.
Claim 98 is withdrawn without traverse.
Claims 46, 49, 93-95, 98, 100, and 109-117 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/14/2026.
Specification
The disclosure is objected to because of the following informalities: At page 18, Brief Description of the Drawings/Figures should delete “/Figures” from the title.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 14 recites the broad recitation 350-450 Da, and the claim also recites (eg. 400 Da) which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 29 recites the broad recitation 1 mg/Ml to 5 mg/ML , and the claim also recites (eg. 1 mg/ML, 2mg/mL , 3 mg/mL , 4 mg/mL, or 5 mg/mL)which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 29 recites the broad recitation “ 1% to 10%”, and the claim also recites (eg. 5%-7%) which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Allowable Subject Matter
Claims 1,9, 10, 12, 15-18, 25,34,41-43 are allowed.
Conclusion
The closest prior art is that of WO 2019/213538 A1 (Leaf Holdings Group) is the closest prior art Leaf Holdings Group discloses Q-Polyene-Carotenoid-Q, a multivalent counterion, and PEG with a molecular weight of between 200 to 5000 Da (see [0012] and [0043]). However, Leaf Holdings Group lacks any disclosure or teaching of the concentration of the ionizable carotenoid salt concentration, and PEG concentration.
Correspondence
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/CARLOS A AZPURU/Primary Examiner, Art Unit 1617 caz