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
1. Claims 1-18, 25-28 are canceled. Claims 19-24, 39 are amended. It is noted that claims 29, 38 are also amended but do not contain the proper status identifier; claim 38 does not have the proper amendment marking for the comma (See MPEP 714). Claims 19-24, 29-39 are under consideration.
Claim Objections
2. (previous objection; maintained as to claims 19, 34; withdrawn as to claims 22-26, 28, 38, 39) Claims 19, 34 are objected to because of informalities.
Applicant contends: the claims are amended.
Applicant’s arguments are considered and found persuasive as to claims 22-26, 28, 38, 39.
The previous objections do not appear to have been addressed as to claims 19 (the claim should recite "ORF-3" as well as "ORF-2/ORF-3" to be internally consistent), 34 (For improved clarity, claim 34 should recite "administering colostrum from a sow … according to claim 29 to said piglet".
See the objections in the previous Office Action.
The objection is maintained as to claims 19, 34.
Claim Rejections - 35 USC § 112
3. (previous rejection, withdrawn) Claims 19-23, 26, 29-39 were rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description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.
Applicant contends: the claims are amended.
In view of applicant’s amendments, the rejection is withdrawn.
4. (previous rejection, withdrawn) Claim 25 was rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement.
Applicant contends: the claims are amended.
In view of applicant’s amendments, the rejection is withdrawn.
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.
5. (previous rejection, withdrawn as to claims 20, 27, 28; maintained as to claims 22, 33, 35) Claims 22, 33, 35 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112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.
See claims 22, 33, 35 as submitted 2/4/2026.
Applicant contends: the claims have been amended.
Applicant’s arguments are considered and found persuasive as to claims 20, 27, 28.
See the rejection in the previous Office Action as to claims 22, 33, 35. The rejections do not appear to have been addressed.
The rejection is maintained for reasons of record.
Conclusion
6. Claims 20, 21, 23, 24, 29-32, 36-39 are objected to for depending on objected to and rejected claims.
7. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to M FRANCO G SALVOZA whose telephone number is (571)272-4468. The examiner can normally be reached M-F 8:00 to 5:00.
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/M FRANCO G SALVOZA/Primary Examiner, Art Unit 1672