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 .
Election/Restrictions
Applicant’s election of Group II in the reply filed on 9/22/2025 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)).
Claims 1-4, 10, and 12-18 are pending. Claims 1-4, 10, and 17-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Claims 12-16 are currently under examination.
Information Disclosure Statement
The information disclosure statements filed on 7/19/2023 and 12/26/2024 have been considered. Signed copies are enclosed.
Claim Objections
Claims 12-16 are objected to because they are dependent on non-elected claims.
Claims 14 and 16 are objected to because of the following informalities: Claims 14 and 16 contain the acronyms CFU and HMO. While acronyms are permissible shorthand in the claims, the first recitation of the term should include the full recitation followed by the acronym in parentheses.
Appropriate correction is required.
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 14 and 16 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 pre-AIA the applicant regards as the invention.
Regarding claim 14, the phrases "such as" and “particularly” render the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claims 14 and 16 are rendered indefinite by the term “preferably”. Description of examples or preferences is properly set forth in the specification rather than the claims. The term "preferably" renders the claim indefinite because it is unclear whether the limitations following the term are part of the claimed invention. See MPEP § 2173.05(d).
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 12-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Buck et al (US Patent Application Publication 2012/0171165, 2012; IDS filed 7/19/2023).
The instant claims are drawn to methods for or enhancing resistance of an organism to Staphylococcus aureus infection, improving innate immunity of an organism, and/or anti- aging comprising administering a composition comprising Bifidobacterium lactis and human milk oligosaccharides (HMOs).
Buck et al disclose methods of administering nutritional compositions comprising HMOs and probiotics (see paragraph 0006). These compositions are administered to improve the immune system and help resist infection, among other benefits (see paragraph 0175). The probiotic strain can be B lactis HN019 (see paragraph 0126). The HMOs include 2’-fucosyllactose as well as 2'-fucosyllactose, 3'-fucosyllactose, lactose-N-tetraose, 3'- sialyllactose, and 6'-sialyllactose (see paragraph 0060). The nutritional composition can be in the form of an oral liquid, liquid or solid beverage, or infant formula powder (see paragraphs 0062-0071). It is noted that while S aureus infection is not specifically discussed, administration of the same product to the same population would necessarily cause the same outcome. Therefore, following the method steps of Buck et al would necessarily enhance resistance to S aureus infection, improve the innate immunity of the organism and improve anti-aging.
Conclusion
No claim is allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brian J Gangle whose telephone number is (571)272-1181. The examiner can normally be reached M-F, 9-6:30.
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/BRIAN GANGLE/ Primary Examiner, Art Unit 1645