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 .
In the claim set filed November 15, 2023, claims 1-20 are pending in the application. Claims 17-20 are withdrawn from consideration (see below).
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-16, in the reply filed on October 30, 2025 is acknowledged. Claims 17-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
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 8, 15, and 16 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 8 recites “wherein the almond size is 23/25”. It is unclear what is intended by this recitation. More specifically, it is uncertain how the size is measured or quantified, and no unit of measurement has been provided. Therefore, the scope of the claim is indefinite. For the purpose of the examination, the recitation of “wherein the almond size is 23/25” in claim 8 (emphasis added) is interpreted as “wherein the size of the almond provides between 23 and 25 almonds per ounce of almonds” (emphasis added).
Claim 15 recites “the almond is size 23/25” at line 3. It is unclear what is intended by this recitation. More specifically, it is uncertain how the size is measured or quantified, and no unit of measurement has been provided. Therefore, the scope of the claim is indefinite. For the purpose of the examination, the recitation of “the almond is size 23/25” in line 3 claim 15 (emphasis added) is interpreted as “the size of the almond provides between 23 and 25 almonds per ounce of almonds” (emphasis added).
Claim 16 recites “the almond is size 23/25” at line 3. It is unclear what is intended by this recitation. More specifically, it is uncertain how the size is measured or quantified, and no unit of measurement has been provided. Therefore, the scope of the claim is indefinite. For the purpose of the examination, the recitation of “the almond is size 23/25” in line 3 claim 16 (emphasis added) is interpreted as “the size of the almond provides between 23 and 25 almonds per ounce of almonds” (emphasis added).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 7, 9, 10, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thomas et al. US 20080317907 (hereinafter “Thomas”).
With respect to claim 1, Thomas teaches a nut product (paragraph [0032]).
Regarding the recitation of comprising a coating, wherein the coating comprises a nutritional additive and an oil in claim 1, Thomas teaches coated nuts, and the coating comprises an antioxidant and an oil in one embodiment. The coating may additionally comprise vitamins and/or minerals (paragraphs [0028], [0038], [0048], [0049], [0089], and [0103]).
With respect to claim 2, Thomas is relied upon for the teaching of the product of claim 1 as addressed above.
Regarding the recitation of wherein the nut or seed is an almond in claim 2, Thomas teaches the nut is an almond (paragraphs [0038], [0089], and [0103]).
With respect to claim 3, Thomas is relied upon for the teaching of the product of claim 2 as addressed above.
Regarding the recitation of wherein the nutritional additive is selected from the group consisting of a vitamin, a mineral, an antioxidant agent, and anti-inflammatory agent, and combinations thereof in claim 3, Thomas teaches the coating comprises antioxidant, vitamins, and/or minerals (paragraphs [0028], [0048], [0049], and [0103]).
With respect to claim 7, Thomas is relied upon for the teaching of the product of claim 2 as addressed above.
Regarding the recitation of wherein the nut or seed is skinless, shelled, blanched, and/or roasted in claim 7, Thomas teaches the nut is blanched, shelled, and/or roasted (paragraphs [0038], [0089], and [0103]).
With respect to claim 9, Thomas is relied upon for the teaching of the product of claim 2 as addressed above.
Regarding the recitation of further comprising an oil selected from grapeseed oil, olive oil, sunflower oil, or combinations thereof in claim 9, Thomas teaches the product comprises sunflower oil (paragraph [0052]).
With respect to claim 10, Thomas is relied upon for the teaching of the product of claim 2 as addressed above.
Regarding the recitation of further comprising a flavor additive selected from salt, black pepper, garlic powder, Mexican spice, everything bagel seasoning, dark chocolate coconut, dark chocolate, honey cinnamon, cinnamon, 5 pepper blend, and combinations thereof in claim 10, Thomas teaches the product comprises flavoring such as salt, honey, garlic powder, cinnamon, and mixtures thereof (paragraphs [0028], [0048], [0049], [0055]-[0057] [0089], and [0103]).
With respect to claim 12, Thomas is relied upon for the teaching of the product of claim 10 as addressed above.
Regarding the recitation of comprising about 0.1 wt% to about 15.0 wt%, about 2.0 wt% to about 12.0 wt%, about 4.0 wt% to about 10.0 wt%, about 6.0 wt% to about 9.0 wt%, or about 7.5 wt% to about 8.5 wt% of the flavor additive in claim 12, Thomas teaches the product comprises about 2% by weight to about 15% by weight, about 4% by weight to about 8% by weight, or about 0.90% by weight of the flavoring (paragraphs [0057], [0089], and [0103]).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 5, 6, 8, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Thomas et al. US 20080317907 (hereinafter “Thomas”) as applied to claims 1, 2, 10, and 12 above.
With respect to claims 5 and 6, Thomas is relied upon for the teaching of the product of claims 1 and 2 as addressed above.
Regarding the recitation of comprising about 200 to about 1800 international units, about 500 to about 1500 international units, about 600 to about 1400 international units, about 700 to about 1300 international units, about 800 to about 1200 international units, about 800 to about 1250 international units, or about 900 to about 1100 international units of the nutritional additive per ounce of nut or seed in claim 5 or comprising about 400 or about 1000 international units of the nutritional additive per ounce of nut or seed in claim 6, Thomas does not expressly disclose the claimed quantity of the vitamin(s), mineral(s), and/or antioxidant(s). However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adjust the quantity of vitamin(s), mineral(s), and/or antioxidant(s) through routine experimentation with the expectation of successfully preparing a functional product. One of ordinary skill in the art would have been motivated to do so because Thomas teaches the vitamin(s), mineral(s), and/or antioxidant(s) are provided in effective amounts to achieve various product benefits which is a matter of choice (paragraphs [0048] and [0049]) and it is understood that, generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. There would have been a reasonable expectation of success. “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) (MPEP 2144.05 II).
With respect to claim 8, Thomas is relied upon for the teaching of the product of claims 1 and 2 as addressed above.
Regarding wherein the size of the almond provides between 23 and 25 almonds per ounce of almonds in claim 8, Thomas does not expressly disclose this limitation. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adjust the size of the almonds through routine experimentation with the expectation of successfully preparing a functional product. One of ordinary skill in the art would have been motivated to do so because the size of the almond can be selected as desired and is a matter of choice, the size of the almond does not provide a patentable feature over the prior art, and such a modification would have involved a mere change in the size (or dimension) of a component. There would have been a reasonable expectation of success. See In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955) (Claims directed to a lumber package "of appreciable size and weight requiring handling by a lift truck" were held unpatentable over prior art lumber packages which could be lifted by hand because limitations relating to the size of the package were not sufficient to patentably distinguish over the prior art.).
With respect to claim 13, Thomas is relied upon for the teaching of the product of claims 1, 2, 10, and 12 as addressed above.
Regarding the recitation of comprising about 8.0 wt% or about 0.5 wt% of the flavor additive in claim 13, Thomas teaches the product comprises about 4% by weight to about 8% by weight or about 0.90% by weight of the flavoring (paragraphs [0057], [0089], and [0103]) and overlaps with the presently claimed values. As set forth in MPEP 2144.05, in the case where the claimed range “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Claims 4 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Thomas et al. US 20080317907 (hereinafter “Thomas”) as applied to claims 1, 2, 3, and 10 above and in further view of Kenner et al. US 20200008456 (hereinafter “Kenner”).
With respect to claim 4, Thomas is relied upon for the teaching of the product of claims 1-3 as addressed above.
Regarding the recitation of wherein the vitamin is vitamin D in claim 4, Thomas does not expressly disclose the vitamin(s) include vitamin D (paragraphs [0028] and [0048]).
Kenner relates to snacks with nutriments. The snacks include a base, such as nuts, that may be coated with oils and nutriments. The nutriments may include vitamin D (Abstract; and paragraphs [0007], [0043], [0044], [0046], and [0083]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, given the teachings of Kenner, to select vitamin D as the vitamin in Thomas based in its suitability for its intended purpose with the expectation of successfully preparing a functional product. One of ordinary skill in the art would have been motivated to do so because Kenner and Thomas similarly teach oil and vitamin coated nuts, Kenner teaches vitamin D increases intestinal absorption of critical nutrients, is useful in supporting bone health, and provides protection against a sun activity side effect (paragraphs [0035], [0036], [0039], and [0070]), Thomas is not limited to the particular vitamin selected (paragraphs [0028] and [0048]), and said combination would amount to the use of a known element for its intended use in a known environment to accomplish entirely expected results. There would have been a reasonable expectation of success with said modification. The selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. (“Reading a list and selecting a known compound to meet known requirements is no more ingenious than selecting the last piece to put in the last opening in a jig-saw puzzle.” Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) See also In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960) (selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious)) (MPEP 2144.07).
With respect to claim 11, Thomas is relied upon for the teaching of the product of claims 1, 2, and 10 as addressed above.
Regarding the recitation of wherein the flavor additive is salt, and the salt is sea salt in claim 11, Thomas does not expressly disclose the salt includes sea salt (paragraphs [0028], [0048], [0049], [0055]-[0057] [0089], and [0103]).
Kenner relates to snacks with nutriments. The snacks include a base, such as nuts, that may be coated with oils, nutriments, and salt such as sea salt (Abstract; and paragraphs [0007], [0042]-[0044], [0046], and [0083]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, given the teachings of Kenner, to select sea salt as the salt in Thomas based in its suitability for its intended purpose with the expectation of successfully preparing an organoleptically desirable product. One of ordinary skill in the art would have been motivated to do so because Kenner and Thomas similarly teach oil and salt coated nuts, Kenner teaches sea salt may be used to impart a salty flavor (paragraph [0085]), Thomas is not limited to the particular salt selected and teaches the salt is used to achieved enhanced flavor impact (paragraphs [0028], [0048], and [0049]), and said combination would amount to the use of a known element for its intended use in a known environment to accomplish entirely expected results. There would have been a reasonable expectation of success with said modification. The selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. (“Reading a list and selecting a known compound to meet known requirements is no more ingenious than selecting the last piece to put in the last opening in a jig-saw puzzle.” Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) See also In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960) (selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious)) (MPEP 2144.07).
Claims 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Thomas et al. US 20080317907 (hereinafter “Thomas”) in view of Barnes et al. GB 1086105 (hereinafter “Barnes”) and Kenner et al. US 20200008456 (hereinafter “Kenner”).
With respect to claim 14, Thomas teaches an almond product (paragraphs [0032] and [0038])
Regarding the recitation of comprising a coating, wherein the almond is skinless, the coating comprises about 200 to about 1800 international units of a nutritional additive per ounce of almond, and the nutritional additive is vitamin D in claim 14, Thomas teaches coated almonds, and the coating comprises vitamin(s) (paragraphs [0028], [0032], [0038], and [0048]).
However, Thomas does not expressly disclose the almond is skinless.
Barnes teaches coated food articles. The food articles may be almonds with the skins absent, and the coating may contain a vitamin (P1, L78-80; and P4, L92-94, 97-99, and 121-126).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, given the teachings of Barnes, to select skinless almonds based in its suitability for its intended purpose in Thomas with the expectation of successfully preparing a functional product. One of ordinary skill in the art would have been motivated to do so because Barnes and Thomas similarly teach coated almond products comprising vitamin, the type of almond selected is a matter of choice and is not limited in the disclosure of Thomas, coated, skinless almonds were known in the art before the effective filing date of the claimed invention as demonstrated in Barnes, and said combination would amount to the use of a known element for its intended use in a known environment to accomplish entirely expected results. There would have been a reasonable expectation of success with said modification. The selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. (“Reading a list and selecting a known compound to meet known requirements is no more ingenious than selecting the last piece to put in the last opening in a jig-saw puzzle.” Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) See also In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960) (selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious)) (MPEP 2144.07).
Thomas also does not expressly disclose the vitamin(s) include vitamin D.
Kenner relates to snacks with nutriments. The snacks include a base, such as nuts, that may be coated with oils and nutriments. The nutriments may include vitamin D (Abstract; and paragraphs [0007], [0043], [0044], [0046], and [0083]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, given the teachings of Kenner, to select vitamin D as the vitamin in Thomas based in its suitability for its intended purpose with the expectation of successfully preparing a functional product. One of ordinary skill in the art would have been motivated to do so because Kenner and Thomas similarly teach oil and vitamin coated nuts, Kenner teaches vitamin D increases intestinal absorption of critical nutrients, is useful in supporting bone health, and provides protection against a sun activity side effect (paragraphs [0035], [0036], [0039], and [0070]), Thomas is not limited to the particular vitamin selected (paragraphs [0028] and [0048]), and said combination would amount to the use of a known element for its intended use in a known environment to accomplish entirely expected results. There would have been a reasonable expectation of success with said modification. The selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. (“Reading a list and selecting a known compound to meet known requirements is no more ingenious than selecting the last piece to put in the last opening in a jig-saw puzzle.” Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) See also In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960) (selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious)) (MPEP 2144.07).
Additionally, Thomas does not expressly disclose the claimed quantity of the vitamin. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adjust the quantity of vitamin through routine experimentation with the expectation of successfully preparing a functional product. One of ordinary skill in the art would have been motivated to do so because Thomas teaches the vitamin is provided in effective amounts to achieve various product benefits which is a matter of choice (paragraphs [0048] and [0049]) and it is understood that, generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. There would have been a reasonable expectation of success. “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) (MPEP 2144.05 II).
With respect to claim 15, modified Thomas is relied upon for the teaching of the product of claim 14 as addressed above.
Regarding wherein the almond is blanched and roasted, the size of the almond provides between 23 and 25 almonds per ounce of almonds, and the coating comprises: about 800 to about 1250 international units of a nutritional additive per ounce of almond, wherein the nutritional additive is vitamin D, about 0.2 wt% to about 1.2 wt% oil, and about 0.1 wt% to about 1.15 wt% of a flavor additive in claim 15, modified Thomas teaches the almond is blanched and roasted as well as the claimed oil and flavor additive quantities in the coating since Thomas teaches the almond is blanched and roasted, and the coating comprises up to about 20%, such as about 1%, by weight of oil and about 1% to about 4% by weight of a flavor additive (paragraphs [0038], [0052], and [0055]). As set forth in MPEP 2144.05, in the case where the claimed range “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Additionally, Thomas as modified by Kenner teaches the nutritional additive is vitamin D since Kenner is relied upon for the teaching of vitamin D as addressed above in claim 14.
Thomas does not expressly disclose the claimed almond size. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adjust the size of the almonds through routine experimentation with the expectation of successfully preparing a functional product. One of ordinary skill in the art would have been motivated to do so because the size of the almond can be selected as desired and is a matter of choice, the size of the almond does not provide a patentable feature over the prior art, and such a modification would have involved a mere change in the size (or dimension) of a component. There would have been a reasonable expectation of success. See In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955) (Claims directed to a lumber package "of appreciable size and weight requiring handling by a lift truck" were held unpatentable over prior art lumber packages which could be lifted by hand because limitations relating to the size of the package were not sufficient to patentably distinguish over the prior art.).
Additionally, Thomas does not expressly disclose the claimed quantity of the vitamin. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adjust the quantity of vitamin through routine experimentation with the expectation of successfully preparing a functional product. One of ordinary skill in the art would have been motivated to do so because Thomas teaches the vitamin is provided in effective amounts to achieve various product benefits which is a matter of choice (paragraphs [0048] and [0049]) and it is understood that, generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. There would have been a reasonable expectation of success. “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) (MPEP 2144.05 II).
With respect to claim 16, modified Thomas is relied upon for the teaching of the product of claim 14 as addressed above.
Regarding wherein the almond is blanched and roasted, the size of the almond provides between 23 and 25 almonds per ounce of almonds, and the coating comprises: about 300 to about 500 international units of a nutritional additive per ounce of almond, wherein the nutritional additive is vitamin D, about 0.2 wt% to about 1.2 wt% sunflower oil, and about 0.1 wt% to about 1.15 wt% of a flavor additive in claim 16, modified Thomas teaches the almond is blanched and roasted as well as the claimed sunflower oil and flavor additive quantities in the coating since Thomas teaches the almond is blanched and roasted, and the coating comprises up to about 20%, such as about 1%, by weight of sunflower oil and about 1% to about 4% by weight of a flavor additive (paragraphs [0038], [0052], and [0055]). As set forth in MPEP 2144.05, in the case where the claimed range “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Additionally, Thomas as modified by Kenner teaches the nutritional additive is vitamin D since Kenner is relied upon for the teaching of vitamin D as addressed above in claim 14.
Thomas does not expressly disclose the claimed almond size. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adjust the size of the almonds through routine experimentation with the expectation of successfully preparing a functional product. One of ordinary skill in the art would have been motivated to do so because the size of the almond can be selected as desired and is a matter of choice, the size of the almond does not provide a patentable feature over the prior art, and such a modification would have involved a mere change in the size (or dimension) of a component. There would have been a reasonable expectation of success. See In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955) (Claims directed to a lumber package "of appreciable size and weight requiring handling by a lift truck" were held unpatentable over prior art lumber packages which could be lifted by hand because limitations relating to the size of the package were not sufficient to patentably distinguish over the prior art.).
Additionally, Thomas does not expressly disclose the claimed quantity of the vitamin. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adjust the quantity of vitamin through routine experimentation with the expectation of successfully preparing a functional product. One of ordinary skill in the art would have been motivated to do so because Thomas teaches the vitamin is provided in effective amounts to achieve various product benefits which is a matter of choice (paragraphs [0048] and [0049]) and it is understood that, generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. There would have been a reasonable expectation of success. “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) (MPEP 2144.05 II).
Conclusion
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/T.L.M/Examiner, Art Unit 1793
/EMILY M LE/Supervisory Patent Examiner, Art Unit 1793