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 1-22 are pending. All withdrawn claims have been rejoined in view of the amendments.
WITHDRAWN REJECTIONS
All rejections of record in the Office Action mailed 8/27/2025 have been withdrawn due to Applicant’s amendments in the Paper filed 2/6/2026.
REPEATED OBJECTIONS
All objections of record in the Office Action mailed 8/27/2025 have been repeated for the reasons or record.
Specification
When there are drawings, there shall be a “brief description of the several views of the drawings” (See 37 C.F.R. 1.74.).
The section heading “BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S)” is missing and is objected to.
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 5, 10, 11, 15-19 and 22 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 “comprises potato starch …” in Claim 5, line 2 is vague and indefinite as it is unclear how the claim can be broader than claim 2 and open when claim 2 states “starch is selected from the group consisting of …”.
Claim 5 recites the limitation “potato starch” in line 2. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating “the potato starch”.
Claim 10 recites the limitation “xanthan gum” in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating “the xanthan gum”.
Claim 11 recites the limitation “methylcellulose” in line 2. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating “the methylcellulose”.
Claim 15 recites the limitation “glucose” in line 2. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating “the glucose”.
Claim 15 recites the limitation “dextrose” in line 2. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating “the dextrose”.
Claim 15 recites the limitation “sucrose” in line 2. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating “the sucrose”.
Claim 16 recites the limitation “dextrose” in line 2. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating “the dextrose”.
Claim 16 recites the limitation “sucrose” in line 2. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating “the sucrose”.
Claim 17 recites the limitation “dextrose” in line 2. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating “the dextrose”.
Claim 17 recites the limitation “sucrose” in line 2. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating “the sucrose”.
Claim 18 recites the limitation “methylcellulose” in line 8. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating “of the methylcellulose”.
Claim 19 recites the limitation “methylcellulose” in line 8. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating “of the methylcellulose”.
Claim 22 recites the limitation “an egg replacer” in line 1. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating “the egg replacer”.
Clarification and/or correction 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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/BRENT T O'HERN/ Primary Examiner, Art Unit 1793
February 18, 2026