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 .
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 1-13, 17-20 and 22 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 was amended to require “a glucose/galactose concentration of 0.5 g/L to 10 g/L”. The meaning of the forward slash “/” is unclear. Does “/” mean “or” such that either of glucose or galactose are required to have the claimed amount? Or does it mean that both glucose and galactose must have the claimed amount? Or does it mean that taken together glucose and galactose have the claimed amount? As best understood for the purpose of examination, “glucose/galactose concentration of 0.5 g/L to 10 g/L is taken to mean that both glucose and galactose have the claimed concentration but the claim does not clearly state as such. Dependent claims are included as they do not clarify this limitation.
The term “standard milk” is not clear. Step (a) refers to “milk” whereas step (b) refers to “standard milk”. Milk in step (a) is discloses as soy or animal milk, such as goat, buffalo, sheep, horse, camel or cow (page 7). Page 8 of the instant specification discloses the addition of standard milk, not treated with lactase, to provide a blended milk to the desired glucose/galactose concentration. If “standard” means milk such as that disclosed for step (a) that has not been treated with lactase, then please clarify this meaning in the record. If “standard” is taken as having a meaning beyond milk that has not been treated with lactase, please indicate the meaning in the record. As best understood, milk that has not been treated with lactase is referred to as “standard”. The claim already recites “not treated with lactase” and the duplicity of reciting “standard” is somewhat confusing if the phrase “not treated with lactase” has the same meaning as “standard”.
Allowable Subject Matter
Claims 1-13, 17-20 and 22 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record to Ba and Janzen relied upon the rejection under 103 in the action mailed 02/17/2026 does not disclose or render obvious the step of standardizing the lactase hydrolyzed milk from step (a) by adding milk, not treated by lactase, to obtain a milk with a glucose concentration of 0.5 g/L-10 g/L and a galactose concentration of 0.5-10 g/L (see 112(b) rejection above regarding the concentration of galactose and glucose). Here, the term “standard milk” is understood as milk that has not been treated with lactase as explained in the instant specification and plainly stated in the claim. Additionally, newly cited art of KR 20090036135 discloses producing low-lactose milk by first forming lactose free milk and blending with regular (i.e. standard) milk to produce low-lactose milk. KR ‘135 does not disclose any particular amounts of glucose or galactose in the finally formed low-lactose milk such that the claimed concentrations are obviated. WO 2017/125600 discloses adding galactose and/or glucose to milk prior to fermentation to form a milk with a concentration of galactose and/or glucose in the range of 0.4 g/L to 10 g/L (page 9). However, the use of L. casei bacteria and of at least one further strain of lactic acid bacteria may comprise the addition of sucrose, galactose and/or glucose to the milk (page 11) and WO ‘600 does not disclose the addition of standard milk to milk treated with lactase specifically to provide the claimed concentrations as required in step (a) of claim 1 prior to inoculation with LAB recited in step (c) of claim 1.
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 JENNIFER C MCNEIL whose telephone number is (571)272-1540. The examiner can normally be reached M-F 9-5.
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JENNIFER C. MCNEIL
Primary Examiner
Art Unit 1723
/Jennifer McNeil/ Primary Examiner, Art Unit 1723
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