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 without traverse of Group II, claim(s) 19 and 21-25 and the election of species for claim 19 (an infant) in the reply filed on March 12, 2026 is acknowledged.
Claim(s) 1-12 and 28-30 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention and species, there being no allowable generic or linking claim.
Claim(s) 19 and 21-25 are examined on the merits.
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on November 27, 2023 and August 21, 2025 are being considered by the examiner. The signed IDS forms are attached with the instant office action.
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.
Claim(s) 19 and 21-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bolster (U.S. Pub. No. US 2014/0105875 A1).
Bolster teaches a nutritional composition [that includes] milk fat globule membrane components (“MFGM”) (abstract). Bolster teaches that milk fat globule membrane components ("MFGM") can provide several health benefits to other individuals suffering from, or at risk for, conditions including, for example, cognitive decline (paragraph 0083). Bolster teaches that the ingredient combinations within the nutritional composition can increase cognitive health (paragraph 0114). Bolster teaches [that the] "individual in need" means any infant, baby, child, adolescent or adult having particular physiological needs in regard to the physio-pathological conditions considered (paragraph 0053). Bolster teaches [that the] skilled artisan will appreciate, however, that the present nutritional compositions and methods need not be administered to an elderly individual and may be administered to any individual in need of same (paragraph 0079). Bolster teaches the nutritional compositions are oral nutritional supplements (paragraph 0153). Bolster teaches the nutritional compositions are in a form selected from the group consisting of tablets, capsules, liquids, chewables, soft gels, sachets, powders, syrups, liquid suspensions, emulsions, solutions, or combinations thereof (paragraph 0152).
The Bolster reference does not specifically teach said need is identified through testing (as mentioned in claim 22 of the present invention). However, the Bolster reference does teach that the individual in need can be an infant that has physiological needs, therefore, there has to be a need assessed (e.g. physio-pathological conditions condition(s)) prior to the administration of the nutritional composition because this nutritional composition is targeting a specific population. In addition, the Bolster reference does not specifically teach that the composition comprising MFGM improves memory (as mentioned in claim(s) 19 and 21 of the present invention), however, the reference does teach that the composition containing MFGM can improve cognitive health which, in general, would also include improving memory. Lastly, the composition containing MFGM within the Bolster reference can be used to improve cognitive function in infants, therefore, the improvement is not therapeutic (as mentioned in claim 24 of the present invention).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nashara L Moreau whose telephone number is (571)272-5804. The examiner can normally be reached Monday - Thursday, 8 AM - 4 PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anand U Desai can be reached at (571)272-0947. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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NASHARA L MOREAUExaminer, Art Unit 1655
/ANAND U DESAI/Supervisory Patent Examiner, Art Unit 1655