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
This office action is to replace the office action sent out on 12/16/25, as wrong set of claims was examined.
Election/Restrictions
Claims 1, 4-9, 18, 21, and 35-39 are pending.
Applicant’s election without traverse of Group I, claims 1, 4-9, 18, 20, 21, and 35-39 in the reply filed on 11/19/25 is acknowledged. Claims 20, 22, 23, 25, 27, and 31 are cancelled.
Election was made without traverse in the reply filed on 11/19/25.
The species election requirement is hereby withdrawn.
Claims 1, 4-9, 18, 21, and 35-39 are examined on the merits.
Claim Rejections –35 USC § 112, 2nd
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 1, 4-9, 18, 21, and 35-39 are rejected under 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
Claims recite the following limitations, and there are insufficient antecedent basis for these limitations in the claims:
“the pH” in claim 1, at lines 6 and 10;
“the resin” in claim 7, at line 2;
“the sugar content” in claim 7, at lines 2-3; and
“the protein” in claim 7, at line 3;
Claim 4 recites trademark/trade name “Dowex” and “IMAC” at line 5. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112, second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. Applicant is required to provide full generic chemical names of the reagents that are used in the claims since “Dowex” and “IMAC” do not tell one of ordinary skills in the art exactly what is in the compounds and such trademark can change the compositions at any time.
Claim 4 recites “SP” at line 2, and it is not clear what it stands for. Applicant should spell out the full name of SP first time it appears in the claim. For the same reason, the claim is rejected for reciting “PEG” and “HIC”. Claim 6 is rejected for reciting “RVF” at line 3; claim 18 is rejected for reciting “HG2 resin” at line 2; claim 20 is rejected for reciting “MGO” at line 2; claim 39 is rejected for reciting “SP” resin.
Therefore, the metes and bounds of claims are rendered vague and indefinite. The lack of clarity renders the claims very confusing and ambiguous since the resulting claims do not clearly set forth the metes and bounds of the patent protection desired.
Claim 21 is rejected for depending on a cancelled claim 20. The dependency is unclear for claim 21.
All other cited claims depend directly or indirectly from rejected claims and are, therefore, also, rejected under U.S.C. 112, second paragraph for the reasons set forth above.
Conclusion
No claim is allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QIUWEN MI whose telephone number is (571)272-5984. The examiner can normally be reached on Monday-Friday 8:30 am to 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anand Desai can be reached on 571-272-0947. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Qiuwen Mi/
Primary Examiner, Art Unit 1655
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