DETAILED ACTION
Amendments made November 26, 2025 have been entered.
Claims 30-31, 33-36, and 48-49 are pending.
Claim 49 has been withdrawn.
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 .
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.
Claim Rejections - 35 USC § 112
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The rejection of claims 30-47 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joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention has been withdrawn in light of applicant’s amendments made November 26, 2025.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The rejection of claims 30, 33-36, 40, and 48 under 35 U.S.C. 102(a)(1) as being anticipated by Badri et al (WO 2020/081079) as evidenced by Li et al (Compositions of amino acids in feed ingredients for animal diets, Springer-Verlag September 2010, pages 1159-1168) has been withdrawn in light of applicant’s amendments made November 26, 2025 which require 0.01-5% betaine.
The rejection of claims 44 and 45 under 35 U.S.C. 102(a)(1) as being anticipated by Badri et al (WO 2020/081079) as evidenced by Li et al (Compositions of amino acids in feed ingredients for animal diets, Springer-Verlag September 2010, pages 1159-1168), further as evidenced by International Food Standards (“Standards for Fish Oils” 2024, pages 1-7) has been withdrawn in light of applicant’s amendments made November 26, 2025 which require 0.01-5% betaine.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Notes: “About” means any number within a range of 10% of the number (instant specification paragraph 14).
The rejection of claims 31 and 32 under 35 U.S.C. 103 as being unpatentable over Badri et al (WO 2020/081079) as evidenced by Li et al (“Compositions of amino acids in feed ingredients for animal diets”), in view of FOSS (“Fibre analysis of animal feed” April 2018 pages 1-31) and De-Oliveria et al (“Fibre analysis and fibre digestibility in pet foods – a comparison of total dietary fibre, neutral and acid detergent fibre and crude fibre” Journal of Animal Physiology and Animal Nutrition 2012, pages 895-906) has been withdrawn in light of applicant’s amendments made November 26, 2025 which require 0.01-5% betaine.
The rejection of claims 37-39 under 35 U.S.C. 103 as being unpatentable over Badri et al (WO 2020/081079) as evidenced by Li et al (“Compositions of amino acids in feed ingredients for animal diets”), in view of Lyu (CN 106578571 machine translation) has been withdrawn in light of applicant’s amendments made November 26, 2025 which require 0.01-5% betaine.
The rejection of claims 41-43 and 46 under 35 U.S.C. 103 as being unpatentable over Badri et al (WO 2020/081079) as evidenced by Li et al (Compositions of amino acids in feed ingredients for animal diets, Springer-Verlag September 2010, pages 1159-1168), further in view of Abietc (“Animal Nutrition” May 15, 2021 https://www.abiteccorp.com/en/nutritional/nutritional-market/animal-nutrition/ pages 1-15) has been withdrawn in light of applicant’s amendments made November 26, 2025 which require 0.01-5% betaine.
Claims 30, 33-36, 40, and 48 are rejected under 35 U.S.C. 103 as being unpatentable over Badri et al (WO 2020/081079) in view Gastner et al (US 2009/0098239) and as evidenced by Li et al (Compositions of amino acids in feed ingredients for animal diets, Springer-Verlag September 2010, pages 1159-1168).
Regarding claims 30, 34, and 48, Badri et al (Badri) teaches a nutritional pet food composition (abstract) comprising: about 10-30% fat (paragraph 29); about 20-45% protein (paragraph 26); about 3-20% fiber (paragraph 35) including about 0.1-3% soluble fiber (paragraph 39), about 2-8% insoluble fiber (paragraph 41), and neutral detergent fiber (paragraph 34); about 25-55% carbohydrate (paragraph 32); and about 0.01-0.15% vitamins (paragraph 54), each respectively based on total weight of the food composition. Badri teaches that the pet food is a wet food with about 70-90% moisture or a dry food with about 5-15% moisture (paragraph 61), and thus the food has a dry weight of about 10-30% or 85-95%. Thus, by dry weight, the dry food taught by Badri would comprise about 10% (10g fat/95g dry weight) to 35% fat (30g fat/85g dry weight); about 21% (20g protein/95g dry weight) to 53% protein (45g protein/85g dry weight); about 3% (3g fiber/95g dry weight) to 23.5% fiber (20g fiber/85g dry weight); about 2% (2g insoluble fiber/95g dry weight) to 9% insoluble fiber (8g insoluble fiber/85g dry weight); about 0.1% (0.1g soluble fiber/95g dry weight) to 3.5% soluble fiber (3.5g soluble fiber /85g dry weight); about 26% (25g carbohydrates/95g dry weight) to 65% carbohydrates (55g carbohydrates/85g dry weight); and about 0.01% vitamins (0.01g vitamins/95g dry weight) to about 0.18% vitamins (0.18g vitamins/85g dry weight).
Regarding the protein as comprising two or more amino acids including glycine and proline as recited in claims 30 and 48, and at least one of about 5% or less tryptophan, phenylalanine or tyrosine as recited in claim 34, as discussed above, Badri teaches of a pet food composition comprising about 21-53% dry weight protein. Badri teaches that the protein can be supplied from a variety of sources including: meats, meat by products, fish, poultry, dairy proteins, eggs, soybean meal, cottonseed, peanut meal (paragraphs 24 and 25). Badri is silent to the amino acids within the protein, however, as evidenced by Li et al (Li) the proteins disclosed by Badri, including casein (a dairy protein), corn grain, cotton seed meal, fish meal, meat and bone meal, peanut meal, poultry by product meal and soybean meal all contained the amino acids glycine and proline, and at least one of: less than about 5% tryptophan, phenylalanine or tyrosine (Table 3). Thus, the composition containing about 21-53% dry weight protein as taught by Badri encompasses the product as recited in clams 30, 34, and 48.
Regarding the pet food as comprising 0.01-5% betaine as recited in claims 30 and 48, as discussed above, Badri teaches of a dry nutritional pet food with a dry weight of about 85-95%. Badri is silent to the food as comprising from 0.01 to about 5% betaine as recited in claim 47.
Gastner et al (Gastner) teaches a dry pet food, in particular for dogs and cats, with guanidinoacetic acid as the active nutritional component (abstract and paragraphs 1, 21, 22, 24, and 32, and claims 10, 11, and 15). Gastner teaches that the guanidinoacetic acid component is a compound of betaine (paragraph 27 and claim 15), and that the guanidinoacetic acid component is included from 0.01-20% by weight of the food (paragraph 29 and claim 17), wherein the compound is exemplified as having 50% or about 66.7% betaine (paragraphs 34 and 35). Thus, the teachings of Gastner encompass, or at least make obvious the pet food as having about 0.005-13.34% betaine. Gastner additionally teaches that it was shown in combination with betaine to have a positive effect on the course of disease and considerable improvement on health, endurance, and muscle strength (paragraph 3).
It would have been obvious for the dry pet food of Badri to comprise 0.01-20% betaine based on total weight for its known nutritional benefits as taught by Gastner. Thus, the composition of Badri in view of Gastner would encompass ranges of about 0.1% (0.01g betaine/95g dry weight) to 5.9% betaine (5g betaine/85g dry weight). To include a known nutritional component for dog food in a known amount within a nutritional dog food would have been particularly obvious to one of ordinary skill in the art. It would have been further obvious to adjust the amount of betaine based on the desired nutritional effect, either in combination with the guanidinoacetic acid or as a methyl group donor in view of Gastner (paragraphs 3 and claims 18 and 19).
Regarding the food as comprising two or more triglycerides as recited in claim 48, as Badri teaches the pet food comprises fats including fish oil, meat and meat by product fats, and plant fats (paragraph 27) and said fats were known to contain triglycerides, the pet food comprises at least two triglycerides.
Regarding the food as comprising two or more B vitamins as recited in claim 48, Badri teaches the food comprises vitamins, and thus two or more B vitamins, including vitamin B1 (thiamin), vitamin B2 (riboflavin), vitamin B6 (pyridoxine), vitamin B12 (cobalamin), and folic acid (paragraphs 53 and 54).
Regarding claim 33, Badri teaches the weight ratio of insoluble to soluble fiber in the food is about 8-14:1 (paragraph 42).
Regarding claims 35 and 36, Badri teaches the food comprises vitamins, and thus two or more B vitamins, including vitamin B1 (thiamin), vitamin B2 (riboflavin), vitamin B6 (pyridoxine), vitamin B12 (cobalamin), and folic acid (paragraphs 53 and 54).
Regarding claim 40, as Badri teaches the pet food comprises fats including fish oil, meat and meat by product fats, and plant fats (paragraph 27) and said fats were known to contain triglycerides, the pet food comprises at least two triglycerides.
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Badri et al (WO 2020/081079) in view Gastner et al (US 2009/0098239) and as evidenced by Li et al (“Compositions of amino acids in feed ingredients for animal diets”), further in view of FOSS (“Fibre analysis of animal feed” April 2018 pages 1-31) and De-Oliveria et al (“Fibre analysis and fibre digestibility in pet foods – a comparison of total dietary fibre, neutral and acid detergent fibre and crude fibre” Journal of Animal Physiology and Animal Nutrition 2012, pages 895-906).
As discussed above, Badri teaches a nutritional pet food composition comprising: about 3-20% fiber (paragraph 35) including about 0.1-3% soluble fiber (paragraph 39), about 2-8% insoluble fiber (paragraph 41), and neutral detergent fiber (paragraph 34).
Badri is silent to the pet food as comprising acid detergent fiber, wherein the total amount of acid detergent fiber (ADF) and neutral detergent fiber (NDF) is about 6-20% by dry weight as recited in claim 31.
FOSS teaches it is a simple fact that fiber is critical for well balanced feed (page 2); that demands for fibre content in feed are growing; and that a proper proportioning of fibre fractions increases utilization of the feed (page 5). FOSS teaches that neutral detergent fiber (NDF) is a good indicator of bulk, and thus feed intake, and reflects the amount of forage an animal can consume (pages 8 and 9). FOSS teaches that acid detergent fiber (ADF) is a good indicator of digestibility and thus energy intake (page 8), and increases the ability to digest (pages 8 and 9).
De-Oliveria et al (DO) teaches that commercial dry pet foods contain significant amounts of carbohydrates, most of which are digestible starch and non-digestible dietary fibre. DO teaches that the dietary fiber is import as it affects gastrointestinal transit time, gastric emptying, short chain fatty acid production, and the control of several serum chemistry parameters. Introduction, paragraph 1, pages 895-896. DO teaches that, by dry weight, commercial dog food were formulated in accordance with the nutrient guide for dogs of American Association of Food Control Officials and balanced to meet maintenance requirements (page 896, Materials and Methods paragraph 1) and contained 11.2%, 11.4%, 12.8%, 15.0%, 17.3%, or 19.8% total of ADF and NDF on a dry mater basis, wherein the ratio of acid detergent fiber ADF to neutral detergent fiber NDF was about 1:1.2, 1:1.3, 1:1.4, or 1:1.5 (Table 1, page 897).
Regarding the pet food as comprising acid detergent fiber, wherein the total amount of acid detergent fiber (ADF) and neutral detergent fiber (NDF) is about 6-20% by dry weight as recited in claim 31, it would have been obvious to one of ordinary skill in the art to adjust the amount of fiber in the composition of Badri, including the NDF to adjust the amount of bulk or feed intake by the animal, and the amount of ADF to adjust the energy intake and digestibility as taught by FOSS. It would have been further obvious for the fiber in the nutritional dog food of Badri to include ADF and NDF in known amounts for dog foods, including from about 11.2% to 19.8% dry mater basis as taught by DO. To include a known nutritional component for dog food in a known amount within a nutritional dog food would have been particularly obvious to one of ordinary skill in the art.
Claims 37-39 are rejected under 35 U.S.C. 103 as being unpatentable over Badri et al (WO 2020/081079) in view Gastner et al (US 2009/0098239) and as evidenced by Li et al (“Compositions of amino acids in feed ingredients for animal diets”), in view of Lyu (CN 106578571 machine translation).
As discussed above, Badri teaches a pet food comprising about 0.01-0.15% total weight vitamins (or about 0.01-0.18% dry weight vitamins or about 100-150mg vitamins/100grams total weight), and thus three or more vitamins, including vitamin B1 (thiamin), vitamin B2 (riboflavin), vitamin B6 (pyridoxine), vitamin B12 (cobalamin), and folic acid (paragraphs 53 and 54). Badri is silent to the one of more vitamins as comprising at least one of: about 8-20mg/100g thiamin (B1), about 1-4mg/100g pyridoxine (B6), about 10-40ug cobalamin (B12), or about 100-400ug/100g folic acid as recited in claim 37; or the ratio of folic acid to cobalamin as about 1-50:1 as recited in claim 38; or the ratio of thiamin to pyridoxine as about 1-30:1 as recited in claim 39.
Lyu teaches nutritional compositions for improving the bowl function of pets, which can be added to pet foods and contain vitamin complexes necessary for pet metabolism (page 1 all, page 1 paragraphs 1 and 2, page 3 paragraphs 3-6 and 10, page 4 paragraph 4, and claim 3). Lyu teaches the vitamin complex contains 8-12% vitamin B1, 8-12% vitamin B6, 0.8-1.5% vitamin B12, and 0.8-1.5% folic acid (page 2 paragraph 5 and claim 3). Lyu teaches that vitamin B1 promotes blood circulation, assists in the manufacture of hydrochloric acid, blood flow formation, and metabolism; and that a pet with lack of vitamin B1 is prone to polyneuritis, fatigue, palpitations, edema, loss of appetite, constipation or diarrhea (page 6 paragraph 8). Lyu teaches that vitamin B6 is conductive to the synthesis of hydrochloric acid and fat, protein absorption, to help maintain the body’s balance of sodium and potassium, and promote formation of red blood cells. Lyu teaches it is also conductive to solve inconvenience due to water retention in the body to help the brain and immune system play a normal physiological function; and enhances the body’s immunity to atherosclerosis. See page 6 paragraph 10. Lyu teaches vitamin B12 can help folic acid regulate the formation of red blood cells and is conductive to the use of iron. Lyu teaches digestion of food and protein synthesis, as well as the metabolism of fat and carbohydrate require vitamin B12. In addition, B12 helps prevent nerve damage and prevent denervation. See page 6 last paragraph. Lyu teaches folic acid is necessary in pet cells for growth and reproduction of substances (page 7 paragraph 1).
Regarding the one of more vitamins as comprising at least one of: about 8-20mg/100g thiamin (B1), about 1-4mg/100g pyridoxine (B6), about 10-40ug cobalamin (B12), or about 100-400ug/100g folic acid as recited in claim 37; or the ratio of folic acid to cobalamin as about 1-50:1 as recited in claim 38; or the ratio of thiamin to pyridoxine as about 1-30:1 as recited in claim 39, it would have been obvious to one of ordinary skill in the art for the vitamins in the nutritional pet food of Badri to specifically comprise B1, B6, B12, and folic acid, for their known and specific benefits as taught by Lyu. It would have been further obvious to adjust the amount of each respective vitamin based on the desired nutritional impact. Furthermore, or alternatively, it would have been obvious for said vitamins to be used in amounts disclosed in the art as beneficial, including the 0.01-0.15% vitamins (10-150mg/100 grams) as taught by Badri to comprise from 8-12% vitamin B1, 8-12% vitamin B6, 0.8-1.5% vitamin B12, and 0.8-1.5% folic acid in the vitamin complex as taught by Lyu. Thus, the composition of the prior art would comprise about 0.8mg/100 grams vitamin B1 (thiamin) to 18mg/100 grams vitamin B1(thiamin); a ratio of folic acid to cobalamin (B12) of about 0.5:1 (0.8:1.5) to 2:1 (1.5:0.8); and a ratio of vitamin B1 (thiamin) to vitamin B6 (pyridoxine) of about 0.67:1 (8:12) to about 1.5:1 (12:8). The ranges of the prior art overlap, and thus encompass, and make obvious the claimed ranges. To include a known nutritional component for dog food in a known amount within a nutritional dog food would have been particularly obvious to one of ordinary skill in the art.
Claims 41-43 and 46 are rejected under 35 U.S.C. 103 as being unpatentable over Badri et al (WO 2020/081079) in view Gastner et al (US 2009/0098239) and as evidenced by Li et al (Compositions of amino acids in feed ingredients for animal diets, Springer-Verlag September 2010, pages 1159-1168), further in view of Abietc (“Animal Nutrition” May 15, 2021 https://www.abiteccorp.com/en/nutritional/nutritional-market/animal-nutrition/ pages 1-15).
As discussed above, Badri teaches of a nutritional pet food comprising fats, including fish or other oils, and thus triglycerides and omega-3 fatty acids including linolenic acid. Badri is silent to the triglyceride as a medium chain triglyceride as recited in claim 41, preferably comprising an aliphatic carbon chain with 6-10 carbons as recited in claim 42, wherein the aliphatic carbon chain is silenced from a caprylate component, caprate component, or combinations thereof as recited in claim 43, or wherein the at least one medium chain triglyceride comprises three aliphatic chains comprise an omega-3 fatty acid component selected from linolenic acid, stearidonic acid, eicosatetraenoic acid, eicosapentaenoic acid, docosapentaenoic acid, docosahexaenoic acid, and a combination of two or more as recited in claim 46.
Abietc teaches the companion pet food market is booming as pet owners continue to prioritize their pets health, looking for safe supplements to enhance their companions diet and manufactures look for new ingredient options to meet these needs (page 5 paragraph 1). Abietc teaches medium chain triglycerides, which are featured in the Captex products, are easily incorporated into pet food, and may provide cognitive enhancement, sustainable energy, increase thermogenesis, and promote prolonged satiety for cats, dogs, and other companion pets (page 5 last paragraph). Abietc teaches said products include a caprylate or caprate component (page 6, paragraph 1).
Regarding the triglyceride as a medium chain triglyceride as recited in claim 41, preferably comprising an aliphatic carbon chain with 6-10 carbons as recited in claim 42, wherein the aliphatic carbon chain is selected from a caprylate component, caprate component, or combinations thereof as recited in claim 43, or wherein the at least one medium chain triglyceride comprises three aliphatic chains comprise an omega-3 fatty acid component selected from linolenic acid, stearidonic acid, eicosatetraenoic acid, eicosapentaenoic acid, docosapentaenoic acid, docosahexaenoic acid, and a combination of two or more as recited in claim 46, as discussed above, Badri teaches the pet food comprising fats including triglycerides and omega-3 fatty acids as listed. It would have been obvious for the pet food of Badri to also comprise components of caprylate and/or caprate, which are medium chain triglycerides which comprise aliphatic carbon chain comprising 6-10 carbons, as Abietc teaches that they are easily incorporated into pet food and may provide cognitive enhancement, sustainable energy, increase thermogenesis, and promote prolonged satiety for cats, dogs, and other companion pets. To include a known nutritional component for dog food in a known amount within a nutritional dog food would have been particularly obvious to one of ordinary skill in the art.
Claims 44 and 45 are rejected under 35 U.S.C. 103 as being unpatentable over Badri et al (WO 2020/081079) in view Gastner et al (US 2009/0098239) and as evidenced by Li et al (Compositions of amino acids in feed ingredients for animal diets, Springer-Verlag September 2010, pages 1159-1168), further as evidenced by International Food Standards (“Standards for Fish Oils” 2024, pages 1-7).
As discussed above, Badri teaches of a nutritional pet food comprising: fats including fish oil (abstract and paragraph 27). Badri is not specific to the food as comprising at least one triglyceride with an omega-3 fatty acid component as recited in claim 44, preferably wherein the omega-3 fatty acid is selected from linolenic acid, stearidonic acid, eicosatetraenoic acid, eicosapentaenoic acid, docosapentaenoic acid, docosahexaenoic acid, and a combination of two or more as recited in claim 45. As evidenced by International Food Standards, fish oils were known to contain linolenic acid, stearidonic acid, eicosatetraenoic acid, eicosapentaenoic acid, docosapentaenoic acid, docosahexaenoic acid, and a combination of two or more, and thus, the fish oil containing pet food taught by Badri would comprise a composition as recited in claims 44 and 45.
Response to Arguments
Applicant's arguments filed November 26, 2025 have been fully considered but they are not persuasive.
Applicant argues that the prior art, Li in view of Gastner does not teach the claimed range of 0.01-5% betaine because betaine is taught by Gastner as a compound with guanidinoacetic acid, and Gastner does not teach betaine without the acid. This argument is not convincing as the claims do not require the betaine to be used in a pure, or non-compound form, and as stated above, the teachings of the prior art encompass a product with betaine within the claimed range. Gastner teaches that the guanidinoacetic acid component is present from 0.01-20% (paragraph 29 and claim 17), and that the component is a compound of the acid and betaine (paragraph 27 and claim 15), wherein the compound is exemplified as having 50% or about 66.7% betaine (paragraphs 34 and 35). Thus, the teachings of Gastner encompass, or at least make obvious the pet food as having about 0.005-13.34% betaine. As stated previously, the composition of Badri in view of Gastner would comprise ranges including about 0.1% (0.01g betaine/95g dry weight) to 5.9% betaine (5g betaine/85g dry weight). To include a known nutritional component for dog food in a known amount within a nutritional dog food would have been particularly obvious to one of ordinary skill in the art. It would have been further obvious to adjust the amount of betaine based on the desired nutritional effect.
Applicant argues that the claimed composition provides for unexpected results and a demonstration that the claimed components work in conjunction with one another. This argument is not convincing at least because: 1) it does not compare the closest prior art of record, and 2) is not commensurate in scope with the claims. The evidence is limited to one example composition (Table 2, Example a) which does not represent the breadth of the claims.
Conclusion
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.
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KELLY BEKKER
Primary Patent Examiner
Art Unit 1792
/KELLY J BEKKER/Primary Patent Examiner, Art Unit 1792