DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. Claims 8-16 are currently pending.
Election/Restrictions
3. Applicant’s election without traverse of Lactobacillus plantarum extract for species A, L. plantarum L-14 (KCTC13497BP) for species B, and obesity for species C in the reply filed on October 6, 2025 is acknowledged.
4. Claims 11-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
5. Claims 8-10 and 14-16 are examined on the merits solely in regards to the elected species.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
6. Claim(s) 8-10 and 14-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seo (KR 102021558 B1 – English translation).
This reference teaches a method for treating obesity comprising administering an extract from Lactobacillus plantarum strain L-14 (KCTC13497BP). The extract is ultrasonically crushed during the extraction procedure (see abstract and Examples 4 and 5).
7. Claim(s) 8 and 14-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu (CN 107475160 A – English translation).
This reference teaches a method for treating obesity comprising administering an extract from Lactobacillus plantarum. The extract is ultrasonically crushed during the extraction procedure (see abstract and page 3 of the translation).
8. No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Susan Coe Hoffman whose telephone number is (571)272-0963. The examiner can normally be reached M-Th 8:30am - 3:30pm.
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/SUSAN HOFFMAN/Primary Examiner, Art Unit 1655
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