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 with traverse in the reply filed on 10/28/2025 is acknowledged. The election of species requirement is hereby withdrawn.
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.
Claim 4 is 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 4 is directed to “A cytokine storm inhibition method using a cytokine storm inhibitor containing a fermented composition as a main raw material …”. This phrase renders the claim unclear because it is claiming a method which is all preamble, but which sets forth no active steps that comprise the claimed method. Without method steps, one is not apprised of what the claimed method actually is. Note that “using” in the preamble does not set forth any specific step.
Amending the claimed method to set forth what steps comprise the method, would be remedial.
Conclusion
Claims 1-3 are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERRY A. MCKELVEY whose telephone number is (571)272-0775. The examiner can normally be reached Monday to Friday, 9-5:30..
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/TERRY A MCKELVEY/Supervisory Patent Examiner, Art Unit 1655