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 1-9 are pending with claims 4-9 new.
WITHDRAWN OBJECTIONS
All objections of record in the Office Action mailed 8/27/2025 have been withdrawn due to Applicant’s amendments in the Paper filed 12/3/2025.
WITHDRAWN REJECTIONS
All rejections of record in the Office Action mailed 8/27/2025 have been withdrawn due to Applicant’s amendments in the Paper filed 12/3/2025.
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 1-9 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 “wherein said set-type yogurt snack does not comprise a texturizing agent” in claim 1, line 3 is vague and indefinite as it is unclear what is and is not a texturizing agent as the protein and solids clearly provide texture, however, they also appear to be excluded by the “does not comprise” language.
Furthermore, the fat and sugar in claim 2 also provides texture.
The chocolate, cereal, biscuit and cake in claim 3 also provides texture.
Claim 8 recites the limitation "protein" in line 2. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating “of the protein”
Claim 9 recites the limitation "solids" in line 2. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating “of the solids”
Clarification and/or correction is required.
Claim 4 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Dependent claim 4 is broader than independent claim 1 in that some texturizing agents can be present in claim 4, other than those listed, however, independent claim 1 prohibits all texturizing agents per the negative limitation of “does not comprise”.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 December 6, 2025