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
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1-14 has been cancelled. Claims 22-35 has been added new. Applicants arguments have been fully considered but are moot in view of the new rejections presented in this office action. Claims 15-35 are pending and are examined based on the merits herein.
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) 15-35 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Benoit (https://cgfa.org/wp-content/uploads/ 2022/12/Enhancing-milk-component-yields-in-lactating-dairy-cows-and-effects-of-monensin-on-the-performance-of-lactating-dairy-cows-fed-contemporary-diets.pdf, 12/2022).
Claims 15-19, 21-28, 30-32 are anticipated by Benoit because Benoit teach a dietary feed nutrient composition comprising 13 g/ton, 14.5 g/ton and 15.8 g/ton of monensin for lactating dairy cows (see Table 1) and its effects on lactation performance (Table 4), milk production efficiency (table 6). In particular ECM/DMI is taught for R11 = 13 g/ton monensin, R14.5 = 15.8 g/ton monensin, R18 = 19.3 g/ton monensin to be 1.74, 1.76, 1.70 respectively. The values for R11 and R14.5 are greater compared to control (1.70) (See Table 6). Monensin is associated with improved feed efficiency (p 2, para 2, line 3), R11 and the feed efficiency of R14.5 were significantly greater than R18 (P =0.02 and P = 0.04, respectively) than R18 treatment due to the increased DMI of the cows on the R18 treatment. However, there was a quadratic effect on ECM/DMI, FCM/DMI, and SCM/DMI by monensin treatment due to the level of DMI in the R18 treatment (Table 6). Further taught is that the FDA has approved the use of monensin in lactating dairy cattle diets at levels of 11 g/ton to 22 g/ton (p 3, lines 16-17). Overall, the milk and component yield of these mid- to late lactation cattle was high and unprecedented suggesting the conditions of evaluating monensin feeding in cattle fed more contemporary diets was achieved (See Conclusion). Benoit’s teach enhancing milk component yields in lactating dairy cows and the effects of monensin on the performance of lactating dairy cows fed contemporary diets (title).
As to claims 20-21 and 29-30, the claims recite a limitation of about 3.5% or about 3% compared to the control. About can be interpreted being a value that falls with +/- 10% range. Hence 3-3.5% can be between 2.7-3.2%. Benoit teach the feed efficiency of R14.5 diet is about 3% increase compared to the control (Table 6). Further administration of the same feed to lactating cows (ruminant) comprising monensin in the same amounts would necessarily increase the feed efficiency to about 3-3.5% as claimed.
Claims 34 and 35 are addressed by Benoit’s teaching of the milk production efficiency and fatty acid profile in the cow, for e.g. in R14.5 diet (See Tables 5-6 and 2).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 15-35 are rejected under 35 U.S.C. 103 as being unpatentable over Tollett (US 4258031 A).
Tollett teach feeding antibiotic monensin and phosphate ester in diet feed to ruminant animals, e.g. lactating animals, the feed conversion efficiency is markedly improved, the production of milk is increased (See Abstract, col. 3, lines 57-62). Tollet teach the average daily feed intake figures are from "Clinical And Diagnostic Veterinary Toxicology", 2nd ed., William B. Buck, Gary D. Oswaler and Gary A. Van Gelder, Kendall/Hunt Publishing Company, Dubuque, Iowa (in col. 8, See table). Further taught is that the cattle on a growing diet or on a fattening diet and weighing about 300 to about 1000 pounds will ordinarily be fed a diet, containing about 18 to about 5 to about 100 grams monensin per ton of feed on a dry matter basis (See col. 8, lines 50-55).
Example 1 is to ruminant animal feed composition.
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(see col. 8).
Monovet90 teach monensin type mediated article for improved feed efficiency, increased milk production, increased weight gain etc. (See p 1, lines 1-19, col. 1). It is taught to mix Monovet90 (monensin) thoroughly to make one ton of complete feed that provides 5-40 g/ton of monensin on a 90% dry matter. For dairy cows, 11-22 g/ton of monensin on a 100% dry matter (See p 1, col. 1, Directions for use, Steps I-II).
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From the teachings of Tollett and Monovet a person skilled in the art would have found it obvious to add monensin at a concentration of 11 g-16 g/ton to the dietary feed of ruminant animals, e.g. cattle (lactating cow) to increase feed efficiency (ECM/DMI), milk production etc. A person skilled in the art would have been motivated to arrive at the claimed method with a reasonable expectation of success and provide feed efficiency from the prior art teachings. Further it is noted that administration of the feed diet comprising monensin at a concentration of 11 g-16 g/ton to ruminant animals would result in substantially the same effects of increase in feed efficiency, ECM/MDI. Thus claims 15-19, 22-24, 26-28, 31-32 would have been obvious over the prior art.
As to claims 20-21, 29-30, administration of the same agent in the same amount, e.g. feed comprising 11 g/ton of monensin to ruminant animals, e.g. cattle (goats, dairy cow) would result in 3% or 3.5% feed efficiency increase compared to the control (not receiving dietary monensin). As to claims 25, 33 a skilled artisan from the prior art teachings would have found it obvious to administer the feed-diet comprising monensin to all lactation animals, including mid-lactation cows because the references teach in general the feed diet for all lactating cows. As to claims 34-35, administration of the same agent in the same amount, e.g. feed comprising 11 g/ton of monensin to ruminant animals, e.g. dairy cow would result in the claimed effects of increase in milk production and improvement in fatty acid profile.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to UMAMAHESWARI RAMACHANDRAN whose telephone number is (571)272-9926. The examiner can normally be reached M-F- 8:30-5:00 PM (PST).
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/Umamaheswari Ramachandran/ Primary Examiner, Art Unit 1627