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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/3/2025 has been entered.
Claims
Claims 1, 2 and 5-12 are pending with claims 11-12 withdrawn.
WITHDRAWN REJECTIONS
All rejections of record in the Office Action mailed 7/1/2025 have been withdrawn due to Applicant’s amendments in the Paper filed 11/3/2025.
NEW 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, 2 and 5-10 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 “composition is made into a form … puff ball” in claim 1, lines 5-6 is vague and indefinite as it is unclear whether the composition is in “a form of …” or the composition is “transformed”. The claims are interpreted as being directed to a “composition” and not a method. Applicant is advised to positively state “composition is in a form … puff ball”.
Claim 2 recites the limitation "poultry protein" in line 2. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "the poultry protein".
Claim 6 recites the limitation "made into a crouton" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "the form of the crouton".
Claim 7 recites the limitation "a baked or extruded into a crouton" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "the crouton that has been baked or extruded".
Clarification and/or correction is required.
ANSWERS TO APPLICANT’S ARGUMENTS
The limitations of the amended/new claims are discussed above.
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 December 7, 2025