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 .
Election/Restrictions
Claims 18-21, 23-26 are allowable. The restriction requirement, as set forth in the Office action mailed on 11/3/2025, has been reconsidered in view of the allowability of claims to the elected invention pursuant to MPEP § 821.04(a). The restriction requirement is hereby withdrawn as to any claim that requires all the limitations of an allowable claim. Specifically, the restriction requirement in its entirety has been withdrawn from consideration because the claim(s) requires all the limitations of an allowable claim. Claims 27-35 are not rejected over any prior art, and Claims 34 and 35, as amended are indicated as allowable.
In view of the above noted withdrawal of the restriction requirement, applicant is advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application.
Once a restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
Allowable Subject Matter
Claims 18-21, 23-26, 34 and 35 are allowed.
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 22, 27-33 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.
Claim 22 recites some limitations and then other limitations in parentheses, and it is unclear whether the limitations in parentheses are also required or further limiting the types of starch. Therefore, Applicant is recommended to either delete the parentheses or amend the limitations to render the claim definite.
Claims 27, 28 recite limitations like “the raw materials” and “the mixer”, “the liquid raw material” and “the solid raw material”, among many others, and such claims lack antecedent basis in the claims. This is not an exhaustive listing of limitations that lack antecedent basis in these claims.
Claims 27-33 recite “A process” or “The process” or “The procedure” and such preamble should be consistent throughout the process claims and should be corrected.
Claim 30 recites “step b)” and Claim 27 recites stages and not steps.
Similarly, Claim 33 recites “mixing step c)” and Claim 27 recites stages not steps.
Response to Arguments
Applicant’s arguments, filed 2/2/2026, with respect to Claims 18-26 have been fully considered and are persuasive. Therefore, in light of Applicant’s claim amendments made, the 103 rejections have been withdrawn. The Examiner notes that Claim 22 has been rejected over 112b but will be allowed provided the 112b rejection is overcome. The Examiner notes that the restriction requirement previously set forth withdrawing Claims 27-35 is withdrawn and the Examiner is prepared to allow these claims as well, provided the 112b rejections are overcome. Applicant’s previously withdrawn claims 27-33 are replete with 112b issues and inconsistent claim terminology, as set forth above. Therefore, at this time, the office action is made final and deemed proper at this time.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNA A WATTS whose telephone number is (571)270-7368. The examiner can normally be reached Monday-Friday. 9am-4:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nikki Dees can be reached at 571-270-3435. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JENNA A. WATTS
Primary Examiner
Art Unit 1791
/JENNA A WATTS/Primary Examiner, Art Unit 1791 5/20/2026
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