DETAILED ACTION
Status of the Application
Claims 1-6 are pending.
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 Amendments, Remarks (including a Declaration) and a Terminal Disclaimer filed on 05/22/2026.
Terminal Disclaimer
The terminal disclaimer filed on 05/22/2026 disclaiming the terminal portion of any patent
granted on this application which would extend beyond the expiration date of pending reference Application Number 18/758140 (filed on 06/28/2024) has been reviewed and is accepted. The terminal disclaimer has been recorded.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119
(a)-(d) to Application No.TW112136374, filed on 09/22/2023; which papers have been made of
record in the file.
Specification
(previous objection, withdrawn) The specification is objected for not complying with sequence rules. While Table 1 displays sequences, neither the drawings nor the Brief Description of the Drawings indicate the corresponding sequence identifiers. Applicant is required to insert the corresponding sequence identifiers in the Brief Description of the Drawings or amend the drawings to include the sequence identifiers in front of each sequence. See particularly 37 CFR 1.821(d). Appropriate correction is required.
Response to Arguments
Applicant’s arguments, page 2 of Remarks/Detailed Response to Office Action, filed on
05/22/2026, with respect to the sequence identifiers have been fully considered and are
persuasive. The objection of 02/26/2026 has been withdrawn.
35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, requires the specification to be written in
“full, clear, concise, and exact terms.” The specification is replete with terms which are not clear,
concise and exact. The specification should be revised carefully in order to comply with 35
U.S.C. 112(a) or pre-AIA 35 U.S.C. 112. Examples of some unclear, inexact or verbose terms
used in the specification are:
(previous objection, withdrawn) Paragraph [0013]
Objected to in the recitation of “prior researches”. Research is an uncountable noun. To
improve clarity, the term should be amended to “prior research”. Appropriate correction is required.
(previous objection, withdrawn) Paragraph [0013]
Objected to for not following SI conventions. A space should be between numbers and
the percentage symbol. A space is needed between “nitrogen,1.6”. To improve clarity, the terms
should be amended to “91 % keratin”, “15 % organic nitrogen”, “2 % organic sulfur” and
“nitrogen, 1.6”. Appropriate correction is required.
(previous objection, withdrawn) Paragraph [0017]
Objected to for not following SI conventions. A space should be between a number and
percentage symbol. In the recitation of “50%”, the term should be amended to “50 %”. Appropriate correction is required.
(previous objection, withdrawn) Paragraph [0017]
Objected to in the recitation of “embodiment of present invention”. To improve clarity, the
term should be amended to “embodiment of the present invention”. Appropriate correction is
required.
(previous objection, withdrawn) Paragraph [0022]
Objected in the recitation of “uses mixes”. To improve clarity, the term should be
amended to remove “uses” and read “A second embodiment mixes”. Appropriate correction is
required.
(previous objection, withdrawn) Paragraph [0032]
Objected in the recitation of “where the weight ratio whereby the weight ratio”. To
improve clarity, the term should be amended to “whereby the weight ratio”. Appropriate
correction is required.
(previous objection, withdrawn) Paragraph [0033]
Objected to for not following SI conventions. A space should be between a number and
percentage symbol. In the recitation of “50%”, the term should be amended to “50 %”.
Appropriate correction is required.
(previous objection, withdrawn) Paragraph [0033]
Objected to for not following SI conventions. A space should be between a number and
degrees symbol. In the recitation of “185°C”, the term should be amended to “185 °C”.
Appropriate corrections are required.
(previous objection, withdrawn) Paragraph [0036]
Objected to in the recitation of “sprayed to the tea leaves’ surface”. To improve clarity,
the term should be amended to “sprayed on the tea leaves’ surface”. Appropriate corrections
are required.
(previous objection, withdrawn) Paragraph [0038]
Objected to in the recitation of “solution of present invention”. To improve clarity, the
term should be amended to “solution of the present invention”. Appropriate corrections are
required.
(previous objection, withdrawn) Paragraph [0038]
Objected to for not following SI conventions. A space should be between a number and
units. In the recitation of “66kg”, the term should be amended to “66 kg”. Appropriate corrections
are required.
(previous objection, withdrawn) Paragraph [0039]
Objected to for not following SI conventions. A space should be between a number and
percentage symbol. In the recitation of “50%”, the term should be amended to “50 %”.
Appropriate correction is required.
(previous objection, withdrawn) Paragraph [0039]
Objected to for not following SI conventions. A space should be between a number and
degrees symbol. In the recitation of “195°C”, the term should be amended to “195 °C”.
Appropriate corrections are required.
(previous objection, withdrawn) Paragraph [0043]
Objected to in the recitation of “inventors of present”. To improve clarity, the term should
be amended to “inventors of the present”. Appropriate corrections are required.
(previous objection, withdrawn) Paragraph [0044]
Objected to in the recitation of “CK” and “(CHK)”. To improve clarity the terms should be
amended to match. Appropriate corrections are required.
(previous objection, withdrawn) Paragraph [0047]
Objected to for not following SI conventions. A space should be between a number and
degrees symbol. In the recitation of “70°C”, the term should be amended to “70 °C”. Appropriate
corrections are required.
(previous objection, withdrawn) Paragraph [0047]
Objected to for not following SI conventions. A space should be between a number and
percentage symbol. In the recitation of “3%”, the term should be amended to “3 %”. Appropriate
correction is required.
(previous objection, withdrawn) Paragraph [0048]
Objected in the recitation of “Fig.1B respectively”. To improve clarity, the term should be
amended to “Fig.1B, respectively”. Appropriate correction is required.
(previous objection, withdrawn) Paragraph [0049]
Objected to for not following SI conventions. A space should be between a number and
percentage symbol. In the recitation of “70%”, “10%” and “7.5%, the terms should be amended
to “70 %”, “10 %” and “7.5 %”. Appropriate correction is required.
(previous objection, withdrawn) Paragraph [0049]
Objected to for not following SI conventions. A space should be between a number and
degrees symbol. In the recitation of “70°C”, the term should be amended to “70 °C”. Appropriate
corrections are required.
Claim Objections
Claims 1-6 are objected to because of the following informalities:
(previous objection, withdrawn) Claim 1 is objected to in the recitation of “50%” and “185°C”. Following SI conventions, the terms should be amended to “50 %” and “185 °C. Appropriate corrections are required.
(previous objection, withdrawn) Claim 1 is objected in the recitation of “using a keratin hydrolysis peptide (KHP) solution to a tea plant”. To improve clarity, the term should be amended to using a keratin hydrolysis peptide (KHP) solution on a tea plant”. Appropriate corrections are required.
(previous objection, withdrawn) Claim 2 is objected to in the recitation of “claim1 where”. To improve clarity and be consistent with commonly used claim language, the term should be amended to “claim 1, wherein”. Appropriate corrections are required.
(previous objection, withdrawn) Claim 2 is objected to in the recitation of “sprayed to the tea”. To improve clarity, the term should be amended to “sprayed on the tea”. Appropriate corrections are required.
(previous objection, withdrawn) Claim 3 is objected to in the recitation of “claim1 where”. To improve clarity and be consistent with commonly used claim language, the term should be amended to “claim 1, wherein”. Appropriate corrections are required.
(previous objection, withdrawn) Claim 4 is objected in the recitation of “using a keratin hydrolysis peptide (KHP) solution to a tea plant”. To improve clarity, the term should be amended to “using a keratin hydrolysis peptide (KHP) solution on a tea plant”. Appropriate corrections are required.
(previous objection, withdrawn) Claim 4 is objected to in the recitation of “50%” and “195°C”. Following SI conventions, the terms should be amended to “50 %” and “195 °C. Appropriate corrections are required.
(previous objection, withdrawn) Claim 5 is objected to in the recitation of “claim 4 where”. To improve clarity and be consistent with commonly used claim language, the term should be amended to “claim 4, wherein”. Appropriate corrections are required.
(previous objection, withdrawn) Claim 5 is objected to in the recitation of “sprayed to the tea”. To improve clarity, the term should be amended to “sprayed on the tea”. Appropriate corrections are required.
(previous objection, withdrawn) Claim 6 is objected to in the recitation of “claim 4 where”. To improve clarity and be consistent with commonly used claim language, the term should be amended to “claim 4, wherein”. Appropriate corrections are required.
Response to Arguments
Applicant’s arguments on page 2, filed on 05/22/2026 with respect to the claim
objections of claims 1-8 have been fully considered and are persuasive. The objections of
02/10/2026 have been withdrawn.
Claim Rejections - 35 USC § 112(b)
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.
Claim 1-6 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.
(previous rejection, withdrawn) Claims 1 and 4 (claims 2-3, 5-6 dependent thereon) are rejected as being indefinite in the recitation of “contain at least 253 peptides… where their molecular masses are between 500 and 4,000 Daltons” for the following reason. It is unclear if the molecular mass is for each peptide or the total number of peptides present in the solution. Correction is required.
Response to Arguments
Applicant's arguments, see page 2-3 and Declaration filed 05/22/2026, have been fully
considered and are persuasive. The rejections of 02/26/2026 have been withdrawn.
(previous rejection, withdrawn) Claims 1 and 4 (claims 2-3, 5-6 dependent thereon) are indefinite in the recitation of “concentration is in the range of 2.0 x 105 ~ 4.5 x 105 ppm” for the following reasons. As written, it is unclear as to which is the compound that should have the recited concentration of “2.0 x 105~ 4.5 x 105 ppm” in the peptide solution. Moreover, in view of the fact that claims 1 and 4 refer to a combination of “at least 253 peptides”, even if one assumes that the “2.0 x 105 ~ 4.5 x 105 ppm” concentration recited refers to peptides, it is unclear if the “2.0 x 105 ~ 4.5 x 105 ppm” refers solely to the 253 peptides or any peptide in the solution. Correction is required.
Response to Arguments
Applicant's arguments, see pages 3 and Declaration filed 05/22/2026, have been fully
considered and are persuasive. The rejections of 02/26/2026 have been withdrawn.
(previous rejection, withdrawn) Claims 1 and 4 (claims 2-3, 5-6 dependent thereon) are indefinite in the recitation of “Preparing the KHP solution by mixing 50 kg of feathers whose content is 50% water and 40 kg of water in a sealed container” for the following reasons. It is unclear whether the phrase “50% water” refers to the amount of water present in the sealed container in addition to the feathers or whether the phrase refers to the percentage of water present or retained by the feathers. The claims are silent with the respect to how the % is measured, e.g. by mass, by volume, etc. Correction is required.
Response to Arguments
Applicant's arguments, see pages 3-4 and Declaration filed 05/22/2026, have been fully
considered and are persuasive. The rejections of 02/26/2026 have been withdrawn.
(previous rejection, maintained) Claims 1 and 4 (claims 2-3, 5-6 dependent thereon) are rejected as being indefinite in the recitation of “at least 253 peptides as listed in the specification” for the following reasons. The term “as listed in the specification” can be interpreted as exemplary language (i.e., such as). Therefore, it is unclear if the 253 peptides are necessarily those in Table 1. In addition, as set forth in MPEP § 2173.05(s), where possible, claims are to be complete in themselves and incorporation by reference to a section of the specification such as a Figure or a Table is permitted only in exceptional circumstances where there is no practical way to define the invention. If the intended peptides have a sequence identifier provided in the sequence listing, it is suggested the claim be amended to refer to specific sequence identifiers associated with the desired peptides. For examination purposes, no patentable weight will be given to the term “using a mass spectrometer …molecular masses are between…Daltons…concentration range of 2.0 x 105 ~ 4.5 x 105 ppm”. Correction is required.
Response to Arguments
Applicant's arguments, see page 3, filed 05/22/2026, have been fully considered and are
not persuasive. Applicant argues that the claimed element of “at least 253 peptides” is disclosed
in the Specification (Table 1, as revised, no new matter is introduced). Applicant further argues
that fully setting forth the peptides, which include the sequence identifier s, in the claims is
impracticable and does not add to the clarity of the patent documents. However, “at least 253
peptides as listed in the specification” is indefinite as “at least” encompasses infinity, which is
neither possible or envisioned and it is not specified in the claims where at in the specification
these “at least 253 peptides” are and what they are.
Conclusion
No claims are allowed.
THIS ACTION IS MADE FINAL. 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 DALTON KIEFER, PhD whose telephone number is (571)272-1235. The examiner can normally be reached M-F 7:30-5 EST.
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/DALTON EDWARD KIEFER/Examiner, Art Unit 1652
/ROBERT B MONDESI/Supervisory Patent Examiner, Art Unit 1652
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