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 .
This office action is written in response to the Applicants Remarks filed 1/29/26. Claims 1-4 are pending. Claim 5 has been cancelled.
Withdrawn Rejections
The objections to claims 4 and 5 have been withdrawn due to the amendment to claim 4 and the cancellation of claim 5.
The 101 rejection of claim 5 has been withdrawn due to the cancellation of claim 5.
The 112(b) rejection of claim 2 has been withdrawn due to the amendment to claim 2.
The 103(a) rejections of claim 1-4 have been withdrawn.
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 1-4 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.
Claims 1, 2, and 4 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements are: the actual ingredients found in the composition comprising banana peel, orange peel, pineapple peel, mausambi peel; Aurantiochytrium, soybean.
While claim 1 discloses a composition containing amounts of nutritional components within a fruit based peel composite, it does not disclose what the composition is truly made of. Fruit peel is disclosed in the preamble but there is nothing in claim 1 indicating the presence of fruit peels, their amounts or their kind. “A preamble that recites merely the use or purpose of the claimed invention generally does not limit the claims” Catalina 62 USPQ 2d at 1785. Further, as shown in claim 2, the composition is comprised of specific fruit peels at specific amounts and with the addition of an amount of 20% Aurantiochytrium seed cells, it is clear that the composition is not only made of fruit peels and that the amounts in claim 1 are not only attributed to the presence of fruit peels but also due to the presence of Aurantiochytrium. Further as shown in claim 3, there is also the addition of soybean to bring the protein level up to what is disclosed in claim 1. These ingredients are necessary limitations. Further claim 3 refers to producing a fermented product. There is no mention of the composition being a fermented product in claim 1. Appropriate correction is required.
Regarding Claim 3, the claim is a method that refers back to the product of claim 1. For the sake of clarity, the limitations of claim 1 a.-h. and the wherein clause should also be listed in claim 3. Appropriate correction is required.
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 FELICIA C TURNER whose telephone number is (571)270-3733. The examiner can normally be reached Mon-Thu 8:00-4:00 pm.
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/Felicia C Turner/ Primary Examiner, Art Unit 1793