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 .
Receipt is acknowledged of the Request for Continued Examination (RCE) under 1.114, the Amendment and Response, all filed 7/31/26.
Claims 1, 3, and 4 are pending. Claim 2 has been cancelled. Claim 5 was previously cancelled.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/31/26 has been entered.
Withdrawn Rejections
The 112(b) rejections of claims 1, 2, 3 and 4 for omitted elements has been withdrawn.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, 3, and 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.
Claim 1 recites the limitation "the feed composition" in in line 14. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the feed composition" in in line 14. There is insufficient antecedent basis for this limitation in the claim.
The claims are further indefinite due to the inclusion of the wherein clauses. The use of wherein clauses in defining the composition raises a question as to the limiting effect of the phrase. It is not clear if the fruit peel waste is fermented with Aurantiochytrium. Especially where the ingredients are described as being derived from the fruit peel waste composite as opposed to its fermented form. The claims would be more definitive if the actual ingredients of the composition were recited followed by the recitation of the nutritional components. Further, since the microbial lipid content is based on the presence of Aurantiochytrium, the claim should positively recite that the lipid content is derived from Aurantiochytrium.
Conclusion
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
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