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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6 May 2026 has been entered.
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, 7-15, 17-25, 27, 30, 31 and 33 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.
Claim 1 is rendered vague and indefinite by the phrase “wherein at least one acid has a pKa between 4.4 and 5.2, at least one acid has a pKa between 5.3 and 6.5, and at least one acid has a pKa between 3.7 and 4.3.” This language is confusing in light of the added language to the amended claim which recites the pKa values of the specific acids in the buffer system. That is – the phrase would appear to be redundant language.
Claim 7 has been amended to remove “claim 6”, but does not replace it with another claim.
Claim 8 is rendered vague and indefinite by the phrase “comprising a plurality of acids comprising one or more carboxylic acid groups, wherein at least one acid has a pKa around 4.7, at least one acid has a pKa between 4.7 and 6.5, and at least one acid
has a pKa between 3 and 4.7, and wherein each acid has a molecular weight of at least 140”. It is unclear how this is meant to further limit independent claim 1. Does “a plurality of acids” refer to additional acids or those recited in claim 1?
Claim 9 is rendered vague and indefinite by the phrase “wherein the
plurality of acids comprises at least one of ferulic acid, gluconic acid, and citric acid, or a combination thereof”. This would seem to be the same claim as amended claim 7.
Claim 23 is unclear how this actually further limits claim 1, which already contains citric acid and sodium citrate.
All other claims depend directly or indirectly from rejected claims and are, therefore, also rejected under U.S.C. 112, second paragraph, for the reasons set forth above.
Note: It is suggested to Applicant to carefully review the language of the claims, particularly the dependent claims, in light of the amendments made to independent claim 1.
Conclusion
No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUSSELL G FIEBIG whose telephone number is (571)270-5366. The examiner can normally be reached M-F 8-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anand Desai can be reached at 5712720947. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RUSSELL G FIEBIG/Examiner, Art Unit 1655
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