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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/15/2026, has been entered.
Claims 1-6, 8, 13, 14, 18-20, 22 and 26-27 are pending. Claim 27 is new.
Withdrawal of Claim Rejections
Any previous rejection not reiterated herein has been withdrawn.
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 1-6, 8, 13, 14, 18-20, 22 and 26-27 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 claims are indefinite for at least the following reasons. First, the claims are rejected for being prolix. Claims are rejected as prolix when they contain long recitations that the metes and bounds of the claimed subject matter cannot be determined. Claim 1 spans three pages.
Second, the claims are rejected because when a limitation of the claim is defined by reference to an object and the relationship between the limitation and the object is not sufficiently defined the claims are rendered indefinite. See MPEP 2173.05(b)(II). Here, claim 1 requires adjusting meals “such that for all of the plurality of subjects . . a determined dietary intake standard for the respective segment of each of the plurality of subjects is satisfied by the each of the adjusted meals.” The claim is indefinite because the determined dietary intake standard for the respective segment of each of the plurality of subjects any of the plurality of subjects is insufficiently defined. Consequently, adjusting a meal so as to follow (i) to (iii) is rendered indefinite.
Given the prolixity of the claim and the lack of standard for determining dietary intake for any particular segment, a meaningful search for prior art cannot be performed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT S CABRAL whose telephone number is (571)270-3769. The examiner can normally be reached M-F 8 am - 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ali Soroush can be reached at 571-272-9925. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT S CABRAL/ Primary Examiner, Art Unit 1614
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