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
Election/Restrictions
Applicant's election with traverse of Group 2, claims 20-39 in the reply filed on 29 Sep 2025 is acknowledged. The traversal is on the ground(s) that the Burrows reference do not teach water insoluble polysaccharides. However, the restriction between Group 1 and Group 2 is maintain in view of the obviousness rejection below. Claim 1 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
The requirement is still deemed proper and is therefore made FINAL.
Specification
The disclosure is objected to because of the following informalities: the specification recites “a power” which appears to be a misspelling of ‘powder’ in page 3, line 7, page 4, line 20, page 14, line 12, and page 17 line 33.
Appropriate correction is required.
Claim Objections
Claim 31 is objected to because of the following informalities: the term “an amount up to about half of the total metal content” should further recite “by weight” to be consistent with the limitation that follows (“up to about 15 wt.%”). Appropriate correction is required.
Claim 33 is objected to because of the following informalities: the term “power” appears to be a misspelling of “powder” as evidenced by page 14, line 4 of the specification. 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.
Claims 20-21, 23-39 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 20, the term “effective amount” in line 3 is a relative term which renders the claim indefinite. The term “effective” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claims 21, 23-39 are rejected based on their dependency on a rejected claim.
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) 20-21, 23-27, 34-36 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fernandez (CA 3011848 A1).
Regarding Claims 20, 21, and 23, Fernandez discloses a nutritional supplement composition for peroral administration (orally dissolvable compositions, abstract), comprising an amount of a dietary metal (iron, as required by Claim 21, see abstract) and a coordinating ligand comprising a water insoluble polysaccharide (cellulose, as required by Claim 23), wherein the coordinating ligand encapsulates the dietary metal (the iron may be encapsulated in cellulose, paragraph 182).
Regarding Claim 24-26, 34, 35, the claims are rejected over Fernandez since the dietary metal anionic complex and the dietary metal cationic complex are not required.
Regarding Claim 27, Fernandez further teaches wherein PS is cellulose (paragraph 182).
Regarding Claim 33, Fernandez further teaches wherein the composition comprises a morphology selected from the group consisting of a powder (paragraph 75).
Regarding Claim 36, Fernandez further teaches wherein the composition further comprises a biologically acceptable excipient, in addition to the coordinating ligand (paragraph 24).
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) 37-39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fernandez (CA 3011848 A1).
Regarding Claim 37-39, the claims are directed to an intended use of the structures of Claim 20. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In this case, since Fernandez is also directed to a nutritional supplement (see abstract), the prior art is also capable of the intended use of Claims 37-39.
Allowable Subject Matter
Claims 28-32 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art is silent to the composition comprising [M(OH2)x(PS)][ZnCl4] wherein M is a dietary metal or a combination of dietary metals, wherein PS is a polysaccharide, and wherein x ranges from 0 to 18, optionally 0 to 6. Since there is no teaching or suggestion of the claimed composition that is administered to a subject in need of a dietary metal as recited in Claim 28, there is no reason to arrive to the claimed invention as recited in Claim 28 as a whole.
Conclusion
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/T.H.N/Examiner, Art Unit 1792
/ERIK KASHNIKOW/Supervisory Patent Examiner, Art Unit 1792