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 .
Claims
Claims 1, 3-8, 10 and 12-16 are pending with claims 12-15 withdrawn.
WITHDRAWN OBJECTIONS
All objections of record in the Office Action mailed 2/19/2026 have been withdrawn due to Applicant’s amendments in the Paper filed 5/19/2026.
WITHDRAWN REJECTIONS
All rejections of record in the Office Action mailed 2/19/2026 have been withdrawn due to Applicant’s amendments in the Paper filed 5/19/2026.
NEW REJECTIONS
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Official Correspondence.
Claim Rejections - 35 USC § 112
Claims 1, 3-8, 10 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The phrase “to improve or maintain a gut microbiome status” in claim 1, line 2 is vague and indefinite as it is unclear how one can determine whether the status will only improve or maintain and not get worse if their status is already excellent. For example, if a subject is administered peanuts and the subject has a severe reaction and dies it is not apparent how their status could improve or maintain.
The phrase “determining the gut microbiome status” in claim 1, line 4 is vague and indefinite as it is unclear how status can be determined without sampling. If a person is administered a particular type of food and the person is allergic or sensitive to the food or the person is lacking particular enzymes or is taking a medicine the subject may not have any particular benefit from the food and no status can be determined.
The phrase “food … omega-3 fatty acids” in claim 1, lines 13-18 is vague and indefinite as it is unclear whether applicant means the food actually is “omega-3 fatty acids”, like oleic acid, C18:3, as omega-3 fatty acids are not a common food but rather found in esterified form in triglycerides.
Clarification and/or correction is required.
ANSWERS TO APPLICANT’S ARGUMENTS
The limitations of the amended/new claims are discussed above.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENT T O'HERN whose telephone number is (571)272-6385. The examiner can normally be reached M-Th 5:00 am - 3:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Emily Le can be reached at 571-272-0903. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRENT T O'HERN/ Primary Examiner, Art Unit 1793 May 29, 2026
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