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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 2-18 and 20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 2, claim 2 has been amended to recite “washing the turtle shell in the weight percentage of 0.05-1%” in line 15. However, this is not specifically recited in the specification for this specific step and therefore raises an issue of new matter.
Claim 2 has been amended to recite “placing the second mixed intermediate in a tank of a high-speed dispenser and then stirring the second mixed intermediate with the sorghum liquor in the weight percentage of 90-99%, to obtain a wine mixture”, however this is not specifically recited in the specification for this specific step and therefore raises an issue of new matter.
Regarding claim 2, claim 2 recites “mixing the panax quinquefolius in the weight percentage of 0.05-1%”, the lycium chinense in the weight percentage of 0.75-1%, the jujube in the weight percentage of 0.25-1%, the Angelica sinensis in the weight percentage of 0.75-1%, and the Rehmannia glutinosa in the weight percentage of 0.75-1% to obtain a mixed traditional Chinese medicine”. However, this is not specifically recited in the specification for this specific step and therefore raises an issue of new matter. To elaborate the specification does not provide support for the particular percentages of the recited components of the obtained mixed traditional Chinese medicine.
Regarding claim 20, claim 20, claim 20 has been amended to recite “and then stirring the second mixed intermediate with 1000 kg sorghum liquor for 55 min, to obtain a wine mixture”. However, this is not specifically recited in the specification for this specific step and therefore raises an issue of new matter.
Regarding claim 20, claim 20 recites “mixing the 0.5 kg Panax quinquefolius, the 7.5 kg Lycium chinense, the 2.5 kg jujube, the 7.5 kg Angelica sinensis, and the 7.5 kg Rehmannia glutinosa in proportion to obtain a mixed traditional Chinese medicine” however the specification does not specifically disclose mixing the recited amounts of each of the specified ingredients to obtain a mixed traditional Chinese medicine.
Claims 3-18 are rejected by virtue of their dependence on a rejected base claim.
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 2-18 and 20 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.
Regarding claim 2, claim 2 recites “sprinkling 1% yeast powder calculated by weight percentage” in line 9. It is unclear what the yeast powder is 1wt% of.
Regarding claim 2, claim 2 recites “the cultured mixture” in line 11. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 2, claim 2 recites “adding 10% water calculated by weight percentage” in line 16. It is unclear what the water is 10wt% of.
Regarding claim 2, claim 2 recites “turtle shell in the weight percentage of 0.05-1%” in line 15. It is unclear what the turtle shell is 0.05-1wt% of. Claim 2 recites “the garlic in the weight percentage of 0.5 -1%” in line 20. It is unclear what the garlic is 0.5-1wt% of. Claim 2 recites “shark cartilage in the weight percentage of 0.05-1%”. It is unclear what the shark cartilage is 0.05-1wt% of.
Regarding claim 2, claim 2 recites “placing the second mixed intermediate in a tank of a high-speed dispenser and then stirring the second mixed intermediate with the sorghum liquor in the weight percentage of 90-99%, to obtain a wine mixture”, it is unclear what “in the weight percentage of 90-99%” is referring to. For example, it is unclear this means that the second mixed intermediate is present in an amount of 90-99wt% of the mixture of the second mixed intermediate and sorghum liquor or the sorghum liquor is present in an amount of 90-99% of the mixture of the second mixed intermediate and sorghum liquor or something else.
Regarding claim 2, claim 2 recites “mixing the panax quinquefolius in the weight percentage of 0.05-1%”, the lycium chinense in the weight percentage of 0.75-1%, the jujube in the weight percentage of 0.25-1%, the Angelica sinensis in the weight percentage of 0.75-1%, and the Rehmannia glutinosa in the weight percentage of 0.75-1% to obtain a mixed traditional Chinese medicine”.
It is unclear what the panax quinquefolius is 0.05-1% weight of, the mixed traditional Chinese medicine or something else.
It is unclear what the lycium chinense is 0.75-1wt% of, the mixed traditional Chinese medicine or something else.
It is unclear what the jujube is 0.25-1wt% of, the mixed traditional Chinese medicine or something else.
It is unclear what the Angelica sinensis is 0.75-1wt% of, the mixed traditional Chinese medicine or something else.
It is unclear what the Rehmannia glutinosa is 0.75-1wt% of, the mixed traditional Chinese medicine or something else.
Regarding claim 2, claim 2 recites “then filling the stored product to produce the health cultivation wine” it is unclear what “filling the stored product” means.
Regarding claim 2, claim 2 recites “high speed dispenser” in line 31. The term “high speed” is a relative term which renders the claim indefinite. The term “high speed” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Regarding claim 20, claim 20 recites “sprinkling 1% yeast powder calculated by weight percentage” in lines 8-9. It is unclear what the yeast powder is 1wt% of.
Regarding claim 20, claim 20 recites “the cultured mixture” in lines 10-11. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 20, claim 20 recites “adding 10% water calculated by weight percentage” in lines 15-16. It is unclear what the water is 10wt% of.
Regarding claim 20, claim 20 recites “high speed dispenser” in line 29. The term “high speed” is a relative term which renders the claim indefinite. The term “high speed” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Regarding claim 20, claim 20 recites “filling the stored product to produce health cultivation wine” it is unclear what “filling the stored product” means.
Claims 2-18 are rejected by virtue of their dependence on a rejected base claim.
Response to Arguments
Applicant’s arguments filed 06/04/2026 have been considered, however the claim amendments raise new issues as disclosed and described in the action above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEY AXTELL whose telephone number is (571)270-0316. The examiner can normally be reached M-F 9:00- 5:30.
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/A.A/
Ashley AxtellExaminer, Art Unit 1792
/ERIK KASHNIKOW/Supervisory Patent Examiner, Art Unit 1792
