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 .
Claims
Claims 1-6 are pending.
WITHDRAWN OBJECTIONS
All objections of record in the Office Action mailed 10/22/2025 have been withdrawn due to Applicant’s amendments in the Paper filed 3/22/2026.
WITHDRAWN REJECTIONS
All rejections of record in the Office Action mailed 10/22/2025 have been withdrawn due to Applicant’s amendments in the Paper filed 3/22/2026.
REPEATED OBJECTIONS
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Official Correspondence.
REPEATED REJECTIONS
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Official Correspondence.
Claim Rejections - 35 USC § 112
Claims 1-6 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.
The phrase “soybean bran” in Claim 1, line 4 is vague and indefinite as it is unclear whether this includes all forms of ground soybean products like low protein soybean meal (f.e., 44%+ protein), high protein soybean meal (f.e., 48%), ground hulls, like those removed during dehulling of cracked soybeans used in the production of high protein meal or something else. It is unclear whether the fiber content can be any amount including 10% or 50% or 75% or something else.
The phrase “synthetic amino acids” in Claim 6, line 5 is vague and indefinite as it unclear what is the difference between “synthetic amino acids” and non “synthetic amino acids”.
Clarification and/or correction required.
ANSWERS TO APPLICANT’S ARGUMENTS
The limitations of the amended/new claims are discussed above.
THIS ACTION IS MADE FINAL. 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENT T O'HERN whose telephone number is (571)272-6385. The examiner can normally be reached M-Th 5:00 am - 3:30 pm.
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/BRENT T O'HERN/ Primary Examiner, Art Unit 1793 March 25, 2026