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 .
DETAILED ACTION
The Amendments filed on 3/30/2026 has been received and entered.
Claims 12-25 and 27-31 are pending. Claims 12-16 and 22-25 are examined on the merits. Claims 17-21 and 27-31 are withdrawn.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Any rejection not reiterated below are hereby withdrawn.
Election/Restrictions
Applicant’s election without traverse of the species gnetin C and nonalcoholic fatty liver disease in the reply filed on 11/11/2025 is acknowledged.
Claims 17-21 and 27-31 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/11/2025.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 3/30/2026, 11/20/2023 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
Claim Rejections - 35 USC § 102
Claim(s) 12-16 and 22-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ato et al. (JP 200949320 A). This is not a new rejection but with slight modification.
Ato et al. teaches a method of preventing or treating fatty liver disease with gnetin C (Best Mode, paragraphs 2-3). Fatty liver disease would include nonalcoholic fatty liver disease, which ranges from fatty liver to steatohepatis, streatonecrosis, and nonalcoholic steatohepatitis (see IDS, Matteoni et al.). The same method of preventing or treating a person would involve a low ratio of Akkermansia muciniphila in the intestinal flora in Claim 13. A treatment of fatty liver disease would result in preventing nonalcoholic steatohepatitis in Claims 12, 14, 15, 16, and 22-26.
Response to Arguments
Applicant argues that preventing or treating a person with nonalcoholic steatohepatitis is not taught.
In response to Applicant’s argument, the prevention of nonalcoholic steatohepatitis would inherently occur when one takes gnetin C (Best Mode, paragraphs 2-3) as taught by Ato et al. as a method of preventing or treating fatty liver disease. Nonalcoholic steatohepatitis is a type of liver disease (see IDS, Matteoni et al.). Furthermore, Applicant did not specify the patient population for treatment. Therefore, the reference anticipates the claims.
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 CATHERYNE CHEN whose telephone number is (571)272-9947. The examiner can normally be reached Monday-Friday 9-5:30 PM.
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Catheryne Chen Examiner Art Unit 1655
/ANAND U DESAI/Supervisory Patent Examiner, Art Unit 1655
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