Claim 19-21 are pending in this application.
DETAILED ACTION
1 This action is responsive to the applicant’s election received by the office on November 26, 2025. Election of claims 19-20 is acknowledged. Claims 1-12 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention. Therefore, claims 19-20 and the newly added claim 21 are pending in this application.
Claim Rejections - 35 USC § 112
2 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.
Claims 19-21 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.
Claim 19 recites “a composition comprising about 15-65 µg/g anthocyanin, about 1.6-2.1 g/100 g glucose, about 1.5-1.9 g/100 g xylose, about 0.3-0.8 g/100 g arabinose, about 0.03-0.2 g/100 g lactic acid, about 0.1-0.3 g/100 g acetic acid, about 0-0.03 g/100 g furfural, and 0-0.3 g/100 g 5-hydroxymethylfurfural”. The claim is indefinite based on the weight of ingredients in the composition. The weight of the ingredients is ambiguous, for example the claim recites “1.5-1.9 g/100 g xylose”, did the applicant mean xylose in amount of about 1.5-1.9 g/ 100 g of the total weight of composition? Also “about15-65 µg/g anthocyanin”, did the applicant mean anthocyanin in the amount of about 15-65 µg/ g of the total weight of composition? Clarification and/or correction is required.
Claim 20 recites “a composition comprising about 38.7 ± 26.9 µg/g anthocyanin, 1.85 ± 0.07g/100 g glucose, 1.51± 0.4 g/100 g xylose, 0.76 ± 0.4 g/100 g arabinose, 0.17± 0.01 g/100 g lactic acid, about 0.18 ± 0.00 g/100 g acetic acid, less than 0.01g/100 g furfural, and less than 0.01 g/100 g 5-hydroxymethylfurfural”. The claim is indefinite based on the weight of ingredients in the composition. The weight of the ingredients is ambiguous, for example the claim recites “1.51± 0.4 g/100 g xylose”, did the applicant mean xylose in amount of 1.51± 0.4 g/ 100 g of the total weight of composition? Also “ 38.7 ± 26.9 µg/g anthocyanin”, did the applicant mean anthocyanin in the amount of 38.7 ± 26.9 µg/ g of the total weight of composition? Clarification and/or correction is required.
Claim 21 recites “a composition comprising about 15-65 µg/g anthocyanin”, “less than 0.01 g/100 g furfural” and “less than 0.01 g/100 g 5-hydroxymethylfurfural” . The claim is indefinite based on the weight of ingredients in the composition. The weight of the ingredients is ambiguous, for example the claim recites “about 15-65 µg/g anthocyanin”, did the applicant mean anthocyanin in amount of about 15-65 µg/ g of the total weight of composition? The claim also recites “less than 0.01 g/100 g furfural”. Did the applicant mean furfural in the amount of less than 0.01 g/100 g of the total weight of the composition? Clarification and/or correction is required.
Claim 21 recites the limitations “less than 0.01 g/100 g furfural” and “less than 0.01 g/100 g 5-hydroxymethylfurfural”. The phrase “less than”, make the claim indefinites because it is unclear what is the lower limit of the range ? Is the lower limit of the range is 0? or more than 0? Clarification is required.
Claim 21 is indefinite because the Markush languages of the claim is improper. A composition comprising ” Should be followed by “A, B, C and D” or followed by “A, B, C or D” not followed by “A, B and C and D. Correction is required.
Claim 21 recites the limitation “ A composition comprising about 15-65 15-65 µg/g anthocyanin and glucose, xylose, arabinose, lactic acid and acetic acid”. It is unclear if the claimed weight “15-65 µg” referred to the weight of g anthocyanin? or the claimed weight “15-65 µg” referred to g of all ingredients of anthocyanin, glucose, xylose, arabinose, lactic acid and acetic acid?. Clarification and/or correction are/is required.
Claim 21 recites in lines 6-7, the limitation “at the temperature”. It is unclear if the temperature is referred to the temperature of about 130 OC to about 190 OC or referred to other temperature?. Clarification is required.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EISA B ELHILO whose telephone number is (571)272-1315. The examiner can normally be reached Monday-Friday, 7:00 AM to 3:30 PM.
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/EISA B ELHILO/Primary Examiner, Art Unit 1761
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