DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . The amendment filed on 12/17/2025 has been entered. Claims 1-16 are cancelled. Claims 17-36 are new and are pending in this application. Claims 21-36 are withdrawn. Claims 17-20 are currently under examination.
Priority
This US Application No. 18/174,111 filed on 02/24/2023 claims benefit of US PRO 63/372,209 filed on 02/24/2022.
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 119(e) as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 63/372,209, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. Claims 17-20 recite “maintain adhesion to the cellulose nanocrystals”, “protect… probiotic microorganisms at pH values of 1-4.5”, “probiotic microorganisms”, and/or “at least 90% of the encapsulated probiotic microorganisms remain viable after two hours at pH 2”, which are not disclosed or supported by the prior-filed Application No. 63/372,209. Thus, the priority date of claims 17-20 is 02/24/2023.
Election/Restrictions
Applicant’s election of Group I (claim 1) in the reply filed on 12/17/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Since original claim 1 has been cancelled, the original claim limitation “A method for producing ferulic acid (FA) and functionalized highly stable cellulose nanocrystals (CNCs)-CNCFA” is applied to find new claims that read on the elected claim 1. As a result, new claims 17-20, which read on ferulic acid (FA) and functionalized highly stable cellulose nanocrystals (CNCs)-CNCFA, are examined here. Claims 21-36 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species and invention, there being no allowable generic or linking claim. Thus, claims 17-20 are currently under examination.
Information Disclosure Statement
The information disclosure statement (IDS) filed on 04/13/2023 has been considered.
Claim Objections
Claims 17 and 20 are objected to because of the following informalities: In claim 17, change the grammatically incorrect recitation “and protect” (line 4) to “and to protect” to tie with preceding “is configured”. In claim 20, change the grammatically incorrect recitation “remain” (line 2) to singular “remains” because 90% is less than 1. Appropriate correction is required.
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.
Claims 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baek (A thesis presented to the University of Waterloo, Date: 2021-06-02, hereinafter referred to as Baek ‘2021).
With regard to structural limitations “a pH-responsive nanoparticle comprising: cellulose nanocrystals (CNC; or exhibiting a negative zeta potential of about -10 mV at pH 1 and a negative zeta potential of at least -40 mV at pH 7.5); and a surface coating comprising ferulic acid, wherein the surface coating is configured to maintain adhesion to the cellulose nanocrystals (or the amount of ferulic acid adsorbed onto the cellulose nanocrystals is from about 0.03 mg to about 1.91 mg of ferulic acid per gram of cellulose nanocrystals) and to protect encapsulated live probiotic microorganisms at pH values of 1-4.5, and detaches from the cellulose nanocrystals at pH values above 4.5” (claims 17--19):
Baek ‘2021 disclosed that cellulose nanocrystal (CNC) was modified with ferulic acid (FA) and starch nanoparticles (SNP) to produce a new, natural emulsifier that is environment-friendly. This new approach was developed and utilized to formulate a multiple Pickering emulsion (W1/O/W2) for probiotic encapsulation. The adsorption capacity of FA on CNC was evaluated, and the highest adsorption capacity below the pKa of FA (4.5) was 1.91 mg FA/g of CNC and greater than 4.5. The adsorption capacity decreased to 0.03 mg FA/g of CNC. At a low pH of 1, the zeta potential of the CNC suspension increased to -10mV. Interestingly, at a pH of 7, the zeta potential increased to -40 mV. The viability of yeast during the emulsification process, storage, and intestinal delivery was demonstrated with higher survivability against severe acidic conditions in the stomach (pH 1.5-2.5) (page 8/240, para. 2; page 149/240, para. 1; page 165/240, para. 1).
Thus, these teachings of Baek ‘2021 anticipate Applicant’s claims 17-20 and would carry the same properties, including “to permit release of the pro biotic microorganisms”, and “at least 90% of the encapsulated probiotic microorganisms remains viable after two hours at pH 2”, required by claims 17 and 20.
Conclusion
No claims are allowed.
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/YIH-HORNG SHIAO/Primary Examiner, Art Unit 1691