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 .
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.
Claims 1-3, 5, 8-17, 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 1 is confusing. The claim recites a method for manufacturing an acetic acid bacterium culture but the resulting product only results in a mixture of polysaccharides. It is not clear what remains of the Kozakia SP. MZ-1005 or whether acetic acid is actually produced. Moreover, the claim references a first medium but the claim does not indicate that Kozakia SP. MZ-1005 is actually inoculated in the medium.
Claim 5 references a first medium but the claim does not indicate that Kozakia SP. MZ-1005 is actually inoculated in the medium.
Claim 21 recites a method of manufacturing vinegar. In line 20, the term “the vinegar” is recited but is not clear from the process when the vinegar is obtained.
Claims 2-3 and 8-17 are included in the rejection as they depend from or rely on a rejected claim.
Claims Free of Prior Art
Claims 1-3, 5, 8-17 and 21 are free of the prior art. The prior art such as Brandt et al., Dissection of exopolysaccharide biosynthesis in Kozakia baliensis, Brandt et al. Microb Cell Fact (2016) 15:170 (BRANDT) teaches that acetic acid bacteria such as Kozakia baliensis produce polysaccharides in addition to acetic acid. However, the prior art does not teach use of Kozakia SP. MZ-1005 or culturing the claimed strain in the claimed Rfru to obtain polysaccharides in the claimed ratio.
Response to Arguments
Applicant’s arguments, see pg. 8 of Applicant’s argument, filed 3/13/2026, with respect to claims have been fully considered and are persuasive. The objection of claim 12; indefiniteness rejection of claims 1-17 and 21; and obviousness rejection of claims 1-17 have been withdrawn.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP A DUBOIS whose telephone number is (571)272-6107. The examiner can normally be reached M-F, 9:30-6:00p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nikki Dees can be reached at 571-270-3435. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHILIP A DUBOIS/Examiner, Art Unit 1791
/Nikki H. Dees/Supervisory Patent Examiner, Art Unit 1791
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