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 .
Claims
Claims 1, 3-8, 10, 12-16 are pending.
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 9/1/2026 has been entered.
WITHDRAWN REJECTIONS
All rejections of record in the Office Action mailed 6/3/2026 have been withdrawn due to Applicant’s amendments in the Paper filed 9/1/2026.
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.
The phrase “a nutrient group selected from … consisting of … omega-3 fatty acids” in claim 1, lines 17-19 is vague and indefinite as it is unclear if Applicant means for the nutrient to be omega-3 fatty acids, line C18:3 or C22:6, as the claim literally states
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or does Applicant mean triglycerides with esterified omega-3 fatty acid chains.
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Commercially available “omega-3 fatty acids”, like C18:3, are not common while triglycerides with esterified omega-3 fatty acid chains are common.
However, nutrients “consisting of” triglycerides “esterified omega-3 fatty acid chains” is also rare as triglycerides have 3 chains that typically have different esterified fatty acid chains, like illustrated above.
ANSWERS TO APPLICANT’S ARGUMENTS
In response to Applicant’s arguments (See p. 6 of Applicant’s Paper filed 7/28/2025.) regarding "omega-3 fatty acids" is "clearly defined", it is noted that Applicant does not precisely state or "clearly define" what Applicant means by "omega-3 fatty acids" in the context of the claims. It appears Applicant is claiming a method that Applicant may not practice. If such a claim were allowed and deemed patentable all of the claims may not be enforceable. Applicant is advised to be sure the language in the claims is accurate and reflects what Applicant would like to claim.
If Applicant means for the nutrient to be "omega-3 acids", like C18:3 and/or C22:6, then this is a very uncommon material and very rare and not readily available in any significant quantities and possibly not commercially available. Producing such a material is very costly and difficult to produce.
Most "omega-3 acids" are found in the form of esterified fatty acid chains, in triglycerides.
However, if this is what Applicant means then a composition with all 3 chains for all triglycerides in a material being like C18:3 and/or C22:6, then this also is very uncommon, very costly and difficult to produce.
Furthermore, a triglyceride is not an "omega-3 acid" but rather an ester.
The limitations of the amended/new claims are discussed above.
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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/BRENT T O'HERN/ Primary Examiner, Art Unit 1793 September 2, 2026
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