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 .
Election/Restrictions
Applicant’s election of Group I in the reply filed on 12/16/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Specification
The Specification is objected to as the priority statement at paragraph [0001] is not up to date. Please update.
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Specification
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
When there are drawings, there shall be a “brief description of the several views of the drawings” (See 37 C.F.R. 1.74.).
The disclosure is objected to because of the following informalities:
The section heading “brief description of the several views of the drawings” as set forth in 37 C.F.R. 1.74 is missing.
Appropriate correction is required.
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, 10, 11, 13-17 and 62-67 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 aligned channels" in line 10. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "the aligned elongated channels".
Claim 3 recites the limitation "the ingestible proteins and/or hydrocolloids" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "the one or more ingestible proteins and/or hydrocolloids".
Claim 3 recites the limitation "steps a) and c)" in line 2. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "of the a) and c)".
Claim 4 recites the limitation "the ingestible hydrocolloids" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "the one or more ingestible hydrocolloids".
Claim 10 recites the limitation "step c)" in line 1. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "the c)".
Claim 10 recites the limitation "the directionally frozen biopolymer gel, solution, or dispersion" in line 2. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider earlier stating "directionally frozen biopolymer gel, solution, or dispersion".
Claim 10 recites the limitation "step c)" in line 3. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "the c)".
Claim 10 recites the limitation "the directionally frozen biopolymer gel, solution, or dispersion" in line 5. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider earlier stating "directionally frozen biopolymer gel, solution, or dispersion".
Claim 10 recites the limitation "the dried gel" in line 6. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider earlier stating "dried gel".
Claim 10 recites the limitation "step c)" in line 7. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "the c)".
Claim 10 recites the limitation "the dried gel" in line 8. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider earlier stating "dried gel".
Claim 10 recites the limitation "step c)" in line 9. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "the c)".
Claim 10 recites the limitation "step c)" in line 11. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "the c)".
Claim 11 recites the limitation "step c)" in line 1. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "the c)".
Claim 11 recites the limitation "the directionally frozen biopolymer gel, solution, or dispersion" in line 2. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider earlier stating "directionally frozen biopolymer gel, solution, or dispersion".
Claim 13 recites the limitation "the temperature gradient" in line 2. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider earlier stating "temperature gradient".
Claim 13 recites the limitation "the material" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider earlier stating "material".
Claim 13 recites the limitation "the speed" in line 3. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider earlier stating "speed".
Claim 13 recites the limitation "the directional freezing process" in line 3. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider earlier stating "directional freezing process".
Claim 14 recites the limitation "step c)" in line 3. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "the c)".
Claim 14 recites the limitation "the directionally frozen solution or dispersion" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider earlier stating "directionally frozen solution or dispersion".
Claim 14 recites the limitation "the gelation of the solution or dispersion" in line 5. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider earlier stating "gelation of the solution or dispersion".
Claim 14 recites the limitation "step c)" in line 5. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "the c)".
Claim 16 recites the limitation "the biopolymer" in line 3. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider earlier stating " biopolymer".
Claim 16 recites the limitation "the protein" in lines 12-13. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider earlier stating "protein".
Claim 63 recites the limitation "the biopolymer" in line 1. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider earlier stating "biopolymer".
Clarification and/or correction required.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENT T O'HERN whose telephone number is (571)272-6385. The examiner can normally be reached M-Th 5:00 am - 3:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Emily Le can be reached at 571-272-0903. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRENT T O'HERN/ Primary Examiner, Art Unit 1793
December 29, 2025