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 .
Status of the Application
Receipt of the Response and Amendment after Non-Final Office Action filed December 5, 2025 is acknowledged.
The status of the claims upon entry of the present amendments stands as follows:
Pending claims:
1-29, 31, 32, 34, 35
Withdrawn claims:
24-29, 31-32
Previously canceled claims:
None
Newly canceled claims:
30, 33
Amended claims:
1, 17
New claims:
34-35
Claims currently under consideration:
1-23, 34-35
Currently rejected claims:
1-23, 34-35
Allowed claims:
None
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1 and 17 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1 and 17 have been amended to recite “the at least one cereal grain comprising 6-16% by weight of the outer portion”. This limitation does not have support in the original disclosure. MPEP 2163 I(B) states, “To comply with the written description requirement of 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, or to be entitled to an earlier priority date or filing date under 35 U.S.C. 119, 120, 365, or 386, each claim limitation must be expressly, implicitly, or inherently supported in the originally filed disclosure.” Express, implicit, nor inherent support for the above limitation cannot be found in the original disclosure. [0033] of the instant specification states that the outer portion comprises cereal grain at about 46-56% by weight of the outer portion. There are no embodiments presented in the original disclosure that comprise less than 46% by weight of cereal grain in the outer portion. Thus, the original disclosure does not provide support for the new limitation wherein the at least one cereal grain comprising 6-16% by weight of the outer portion.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 1-23, 34, and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Repholz (US 4,954,061 A)(IDS Reference filed 4/12/2023) in view of Chandler (US 4,777,058 A) (IDS Reference filed 4/12/2023), Kuerzinger (US 2020/0337335 A1) (IDS Reference filed 4/12/2023), Ichihashi (US 2016/0219905 A1) (IDS Reference filed 4/12/2023), and She (US 2010/0310750 A1) (IDS Reference filed 4/12/2023).
Regarding claim 1, Repholz teaches a dual-textured animal food product (col. 6, lines 12-13) comprising an outer component (col. 6, line 56; Fig. 12, #110) and an inner component (col. 6, line 41; Fig. 12, #100). Fig. 12 shows a food product where the inner component (#100) is partially surrounded by the outer component (#110).
Regarding the composition of the outer component, Repholz teaches that the outer portion comprises a combination of any of a vegetable protein source, amylaceous ingredients, cereal grains or starch, fats, water and an animal protein source (col. 8, lines 44-49). Repholz discloses that the vegetable protein source may be soybean flour (i.e., a legume; col. 8, line 32). Repholz also teaches that the outer component comprises about 10% by weight to about 30% by weight of vegetable protein source and about 20% by weight to about 60% by weight amylaceous ingredient (col. 8, lines 62-65). This corresponds to a total of about 30% to about 90% by weight of a cereal grain and legume, which encompasses the claimed range of “75-85% by weight”. Repholz also teaches in Example I a first extruded material that is the outer portion comprising 16 wt% ground whole wheat (i.e., a cereal grain; col. 17, Table line 25). Although the composition of the first extrudate also comprises oatmeal (another cereal grain), MPEP §2144.04(II)(A) states to see “In re Larson, 340 F.2d 965, 144 USPQ 347 (CCPA 1965) (Omission of additional framework and axle which served to increase the cargo carrying capacity of prior art mobile fluid carrying unit would have been obvious if this feature was not desired.).” Thus, one of ordinary skill would have found it obvious to omit the oatmeal if the structure and taste provided by the presence of the oatmeal is not desired. Therefore, the first extruded material would comprise 16% cereal grains, which falls within the claimed range of “6-16% by weight”. Although Repholz does not teach the ground wheat comprises starch having amylose at about 20-30% by weight of the starch, wheat inherently comprises about 25% by weight amylose. Evidence to support this is provided by the instant specification ([0033], wheat starch consists of lower amounts of amylose, average about 25% by weight). Repholz also teaches that the outer component comprises up to about 25% by weight of an animal protein source (col. 8, lines 66-67), which encompasses the claimed range of “5-10% by weight”.
Regarding the composition of the inner component, Repholz teaches that the inner component comprises up to about 15% by weight of fat (col. 8, line 10), and that the fat is animal fat (i.e., animal-derived grease; col. 17, lines 32-54). Repholz further teaches that the inner component comprises up to 25% animal protein (col. 8, line 8), which overlaps with the claimed range of “3% or more by weight”. Repholz also teaches that the inner component may include preservatives (col. 8, lines 1-2).
Regarding the moisture content of the outer and inner components, Repholz teaches that the overall moisture content of the food is about 10% to about 35% (col. 16, lines 54-55).
Regarding the hardness of the outer and inner components, Repholz teaches that the outer portion is harder than the inner portion (col. 6, lines 50-57).
Repholz does not teach the hardness or moisture content of the outer portion, the hardness or moisture content of the inner portion or the inner portion comprising lactic acid and where the animal protein is animal meat.
Regarding the moisture content of the outer and inner portions, Chandler teaches of an animal food product with a crunchy shell at least partially surrounding a deformable core (i.e., a dual-textured food; col. 2, lines 3-4). Chandler further teaches that the shell (i.e., outer portion) has a moisture content of about 12% (which falls in the claimed range of “about 8-12% by weight”; col. 2, lines 11-12) and the core (i.e., inner portion) has a moisture content ranging from about 5% to about 20% (which encompasses the claimed range of “11-18% by weight”; col. 2, lines 14-16).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the composition of Repholz to have the moisture contents of each portion as taught by Chandler. One of ordinary skill would have been motivated to make this modification because Chandler teaches the moisture content of the outer shell being about 12% of less renders the shell biologically stable against spoilage (col. 5, lines 50-52) and the moisture content of the inner portion is high enough to be injected into the outer portion but low enough that the core retains its shape once injected (col. 3, lines 37-41).
Regarding the inner portion comprising lactic acid, Kuerzinger teaches of a pet food composition (Title) comprising 0.001% to 10% by weight of a preservative ([0051]) that can include lactic acid ([0049], [0051]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to use lactic acid as taught by Kuerzinger as a preservative in the composition of Repholz. One of ordinary skill would have been motivated to make this modification because Kuerzinger teaches that lactic acid is used to preserve the food and increase the acceptance of the food by animals ([0048], [0051]). One of ordinary skill would have recognized that combining the animal grease of Repholz and lactic acid of Kuerzinger would result in an amount of the combination of greater than 0.001% to less than about 25% (0.001%-10% lactic acid plus up to about 15% by weight of fat), which encompasses the claimed range of “about 3% by weight”.
Regarding the inner portion comprising animal meat, Ichihashi teaches of a pet food (Abstract) comprising animal-derived protein from the muscle of beef, pork, chicken, and fish (i.e., animal meat; [0025]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to substitute the unspecified meat protein of Repholz with an animal protein that is a meat as taught by Ichihashi. One of ordinary skill would expect this substitution to yield the predictable result of providing an animal protein source in the food that is from meat. The rationale to support a conclusion that the claim would have been obvious is that the substitution of one known element for another art equivalent yields predictable results to one of ordinary skill in the art, see MPEP § 2143(B).
Regarding the hardness of the outer and inner components, She teaches of a cat food (i.e., pet food, Abstract) with a texture having a maximum compressive force of less than 2 lb-f (equivalent to 8.89 Newtons; [0068]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the composition of Repholz with the hardness as taught by She. One of ordinary skill in the art would have been motivated to make this modification because She teaches that that a hardness of 8.89 Newtons is palatable to many animals ([0005]).
Although the cited prior art does not explicitly disclose the hardness factor of the inner and outer components, one of ordinary skill would have applied the upper limit of 8.89 Newtons from She to the outer portion (which overlaps with the claimed range of 3-10 Newtons). One of ordinary skill would have arrived at the claimed hardness for the inner portion during routine optimization because Repholz teaches that the inner portion is less hard than the outer portion. MPEP §2144.05(II) states where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The claimed hardness would thus be obvious.
With respect to the overlapping ranges, MPEP §2114.05 teaches that it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness.
Regarding claim 2, Repholz in view of Chandler, Kuerzinger, Ichihashi, and She teach all elements of claim 1 as described above. Repholz teaches that the product is coated with animal grease and flavoring (col. 16, line 59).
Repholz does not teach the coating comprising lactic acid.
However, in the same field of endeavor, Kuerzinger teaches the composition includes from 0.001% to 10% by weight of a preservative ([0051]) that may be lactic acid ([0049], [0051]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to add lactic acid as taught by Kuerzinger to the pet food with animal grease coasting as taught by Repholz. One of ordinary skill would have been motivated to make this modification because Kuerzinger teaches that lactic acid preserves the food and increases the acceptance of food ([0048], [0051]).
Regarding claims 3-6, Repholz in view of Chandler, Kuerzinger, Ichihashi, and She teach all elements of claim 1 as described above.
Repholz does not teach wherein the outer portion has a hardness factor of about 3.5-7 Newtons (claim 3); outer portion has a hardness factor of about 5.5 Newtons (claim 4); inner portion has a hardness factor of about 1.5-7 Newtons (claim 5); or the inner portion has a hardness factor of about 4.5 Newtons (claim 6).
Regarding the hardness of the outer and inner components, She teaches of a cat food (i.e., pet food, Abstract) with a texture having a maximum compressive force of less than 2 lb-f (equivalent to 8.89 Newtons; [0068]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the composition of Repholz with the hardness as taught by She. One of ordinary skill in the art would have been motivated to make this modification because She teaches that that a hardness of 8.89 Newtons is palatable to many animals ([0005]).
Although the cited prior art does not explicitly disclose the hardness factor of the inner and outer components, one of ordinary skill would have applied the upper limit of 8.89 Newtons from She to the outer portion (which overlaps with the claimed range of 3-10 Newtons). One of ordinary skill would have arrived at the claimed hardness for the inner portion during routine optimization because Repholz teaches that the inner portion is less hard than the outer portion. MPEP §2144.05(II) states where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The claimed hardness would thus be obvious.
Regarding claims 7 and 8, Repholz in view of Chandler, Kuerzinger, Ichihashi, and She teach all elements of claim 1 as described above.
Repholz does not teach wherein the outer portion comprises a moisture content of about 10-12% by weight of the outer portion (claim 7) or at about 12% by weight (claim 8).
Chandler teaches of an animal food product with a crunchy shell at least partially surrounding a deformable core (i.e., a dual-textured food; col. 2, lines 3-4). Chandler further teaches that the shell (i.e., outer portion) has a moisture content of about 12% (which falls in the claimed range of “about 10-12% by weight” (claim 7) and “about 12% by weight” (claim 8); col. 2, lines 11-12).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the composition of Repholz to have the moisture contents of each portion as taught by Chandler. One of ordinary skill would have been motivated to make this modification because Chandler teaches the moisture content of the outer shell being about 12% of less renders the shell biologically stable against spoilage (col. 5, lines 50-52) and the moisture content of the inner portion is high enough to be injected into the outer portion but low enough that the core retains its shape once injected (col. 3, lines 37-41).
With respect to the overlapping ranges, MPEP §2114.05 teaches that it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness.
Regarding claims 9 and 10, Repholz in view of Chandler, Kuerzinger, Ichihashi, and She teach all elements of claim 1 as described above.
Repholz does not teach wherein the inner portion comprises a moisture content of about 15-17% by weight of the inner portion (claim 9) or about 16% by weight (claim 10).
Chandler teaches of an animal food product with a crunchy shell at least partially surrounding a deformable core (i.e., a dual-textured food; col. 2, lines 3-4). Chandler further teaches that the core (i.e., inner portion) has a moisture content ranging from about 5% to about 20% (which encompasses the claimed range of “15-17% by weight” (claim 9) and “about 16% by weight” (claim 10); col. 2, lines 14-16).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the composition of Repholz to have the moisture contents of each portion as taught by Chandler. One of ordinary skill would have been motivated to make this modification because Chandler teaches the moisture content of the outer shell being about 12% of less renders the shell biologically stable against spoilage (col. 5, lines 50-52) and the moisture content of the inner portion is high enough to be injected into the outer portion but low enough that the core retains its shape once injected (col. 3, lines 37-41).
With respect to the overlapping ranges, MPEP §2114.05 teaches that it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness.
Regarding claim 11, Repholz in view of Chandler, Kuerzinger, Ichihashi, and She teach all elements of claim 1 as described above. Repholz also teaches the outer component comprising cereal grains (col. 8, lines 44-49) that may be corn (col. 9, line 6).
Regarding claim 12, Repholz in view of Chandler, Kuerzinger, Ichihashi, and She teach all elements of claim 1 as described above. Repholz also teaches that the vegetable protein may be soybean and soybean meal (col. 8, line 32).
Regarding claim 13, Repholz in view of Chandler, Kuerzinger, Ichihashi, and She teach all elements of claim 1 as described above.
Repholz does not teach wherein the animal-derived protein may be beef.
However, in the same field of endeavor, Ichihashi teaches that the animal-derived protein maybe be muscle of beef ([0025]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to substitute the unspecified meat protein of Repholz with an animal protein that is a meat as taught by Ichihashi. One of ordinary skill would expect this substitution to yield the predictable result of providing an animal protein source in the food that is from meat. The rationale to support a conclusion that the claim would have been obvious is that the substitution of one known element for another art equivalent yields predictable results to one of ordinary skill in the art, see MPEP § 2143(B).
Regarding claim 14, Repholz in view of Chandler, Kuerzinger, Ichihashi, and She teach all elements of claim 1 as described above. Repholz also teaches that the outer portion may include vitamins (col. 8, lines 55-56).
Regarding claim 15, Repholz in view of Chandler, Kuerzinger, Ichihashi, and She teach all elements of claim 1 as described above. Repholz also teaches that the inner portion may include vitamins (col. 7, line 68).
Regarding claim 16, Repholz in view of Chandler, Kuerzinger, Ichihashi, and She teach all elements of claim 1 as described above. Repholz teaches that the product has the storage of characteristics of dry food (col. 1, lines 55-57), which is known in the art to be a shelf-stable product.
Claim 17 is a product-by-process claim. MPEP §2113 states “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). “The structure implied by the process steps should be considered when assessing the patentability of product-by-process claims over the prior art, especially where the product can only be defined by the process steps by which the product is made, or where the manufacturing process steps would be expected to impart distinctive structural characteristics to the final product.”
The structure imparted by the process of claim 17 is a food product having an outer portion partially surrounding and in contact with an inner portion.
Regarding claim 17, Repholz teaches a dual-texture animal food product (col. 6, lines 12-13) comprising an outer component (col. 6, line 56; Fig. 12, #110) and an inner component (col. 6, line 41; Fig. 12 #100) wherein the inner portion is in contact with and partially surrounded by the outer portion (Fig. 12). Repholz also teaches that the inner portion comprises starchy material (i.e., starch; col. 7, line 58) and a vegetable protein source (i.e., plant protein; col. 8, line 63). Repholz teaches that the product has the storage of characteristics of dry food (col. 1, lines 55-57), which is known in the art to be a shelf-stable product.
The remainder of the limitations of claim 17 are relied on as discussed above in the rejection of claim 1.
Regarding claim 18, Repholz in view of Chandler, Kuerzinger, Ichihashi, and She teach all elements of claim 17 as described above. Repholz also teaches the outer component comprising cereal grains (col. 8, lines 44-49) that may be corn (col. 9, line 6).
Regarding claim 19, Repholz in view of Chandler, Kuerzinger, Ichihashi, and She teach all elements of claim 17 as described above. Repholz also teaches that the vegetable protein may be soybean and soybean meal (col. 8, line 32).
Regarding claim 20, Repholz in view of Chandler, Kuerzinger, Ichihashi, and She teach all elements of claim 17 as described above. Repholz also teaches that the inner portion may include vitamins (col. 7, line 68).
Regarding claim 21, Repholz in view of Chandler, Kuerzinger, Ichihashi, and She teach all elements of claim 17 as described above.
Although the cited prior art does not explicitly teach the ratio of the hardness factor of the inner portion and the hardness factor of the outer portion, Repholz teaches that the outer portion is harder than the inner portion (col. 6, lines 50-57). One of ordinary skill would have arrived at the claimed proportion of hardness during routine optimization. MPEP §2144.05(II) states where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The claimed hardness ratio would thus be obvious.
Regarding claim 22, Repholz in view of Chandler, Kuerzinger, Ichihashi, and She teach all elements of claim 17 as described above.
Repholz does not teach wherein the outer portion comprises a moisture content of about 8-12% by weight of the outer portion.
Chandler teaches of an animal food product with a crunchy shell at least partially surrounding a deformable core (i.e., a dual-textured food; col. 2, lines 3-4). Chandler further teaches that the shell (i.e., outer portion) has a moisture content of about 12% (which falls in the claimed range of “about 8-12% by weight”; col. 2, lines 11-12).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the composition of Repholz to have the moisture contents of each portion as taught by Chandler. One of ordinary skill would have been motivated to make this modification because Chandler teaches the moisture content of the outer shell being about 12% of less renders the shell biologically stable against spoilage (col. 5, lines 50-52) and the moisture content of the inner portion is high enough to be injected into the outer portion but low enough that the core retains its shape once injected (col. 3, lines 37-41).
With respect to the overlapping ranges, MPEP §2114.05 teaches that it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness.
Regarding claim 23, Repholz in view of Chandler, Kuerzinger, Ichihashi, and She teach all elements of claim 17 as described above.
Repholz does not teach wherein the inner portion comprises a moisture content of about 15-17% by weight of the inner portion.
Chandler teaches of an animal food product with a crunchy shell at least partially surrounding a deformable core (i.e., a dual-textured food; col. 2, lines 3-4). Chandler further teaches that the core (i.e., inner portion) has a moisture content ranging from about 5% to about 20% (which encompasses the claimed range of “15-17% by weight”; col. 2, lines 14-16).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the composition of Repholz to have the moisture contents of each portion as taught by Chandler. One of ordinary skill would have been motivated to make this modification because Chandler teaches the moisture content of the outer shell being about 12% of less renders the shell biologically stable against spoilage (col. 5, lines 50-52) and the moisture content of the inner portion is high enough to be injected into the outer portion but low enough that the core retains its shape once injected (col. 3, lines 37-41).
With respect to the overlapping ranges, MPEP §2114.05 teaches that it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness.
Regarding claim 34, Repholz in view of Chandler, Kuerzinger, Ichihashi, and She teach all elements of claim 1 as described above. Repholz also teaches in Example I a first extruded material that is the outer portion comprising 16 wt% ground whole wheat (i.e., a cereal grain; col. 17, Table line 25). Although Repholz does not teach the ground wheat comprises starch having amylose at about 20-30% by weight of the starch, wheat inherently comprises about 25% by weight amylose. Evidence to support this is provided by the instant specification ([0033], wheat starch consists of lower amounts of amylose, average about 25% by weight).
Regarding claim 35, Repholz in view of Chandler, Kuerzinger, Ichihashi, and She teach all elements of claim 11 as described above. Repholz also teaches in Example I a first extruded material that is the outer portion comprising 16 wt% ground whole wheat (i.e., a cereal grain; col. 17, Table line 25).
Response to Arguments
Claim Rejections – 35 U.S.C. §103 of claims 1-23 over Repholz, Chandler, Kuerzinger, Ichihashi, and She: Applicant’s arguments filed October 5, 2025 have been fully considered but they are not persuasive.
Applicant argued that starch chemistry can be unpredictable and that the starch content of the outer portion is important for the dual-texture food product. Applicant further argued that the result of combining starch, in addition to the other claimed ingredients, is not taught or suggested by the cited prior art, and the combination of such is unpredictable (Remarks, p. 7, ¶ 6- p. 9, ¶ 2).
This argument has been considered. However, the Applicant has not provided any evidence regarding the unpredictability of starch chemistry. Absent any evidence supporting the assertion, the argument is not found persuasive. Furthermore, the Applicant is reminded that absolute success is not required to establish obviousness. The requirement to establish a prima facie case of obviousness is a reasonable expectation of success. In the instant case, Applicant has failed to provide any evidence showing that a reasonable expectation of success could not be achieved. The Examiner maintains that one of ordinary skill would have been capable of combining the cited prior art with reasonable expectation of success.
The Examiner respectfully disagrees that the combination of references is unpredictable and would support a claim of non-obviousness. One of ordinary skill would have been capable of combining the disclosures of the cited prior art to arrive at the claimed invention with reasonable expectation of success because the field of animal food products is well established. Additionally, MPEP §2112.01 states “Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).” Thus, the combination of Repholz, Chandler, Kuerzinger, Ichihashi, and She renders the claimed invention obvious.
The rejections of claims 1-23 have been maintained herein.
Conclusion
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.
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/A.S.H./Examiner, Art Unit 1793
/EMILY M LE/Supervisory Patent Examiner, Art Unit 1793