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 .
Claims
Claims 1-20 are pending with claims 1-12, 15 and 16 withdrawn.
WITHDRAWN REJECTIONS
All rejections of record in the Office Action mailed 6/17/2026 have been withdrawn due to Applicant’s amendments in the Paper filed 9/16/2026.
NEW REJECTIONS
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Official Correspondence.
Claim Rejections - 35 USC § 112
Claims 1-12, 15 and 16 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.
The phrase “sum of mono-unsaturated C40:1 to C48:1 fatty acids … composition” in claim 1, lines 9-10 is vague and indefinite as it is unclear whether Applicant means sum of fatty acids in the triglycerides or sum of C40:1 to C48:1 fatty acids.
Applicant is advised to amend the claim to state:
“sum of mono-unsaturated C40:1 to C48:1 triglycerides … composition; wherein the mono-unsaturated fatty acids have one double bond split between three fatty acid chains in the sn-positions of the triglycerides”.
Support for this amendment can be found at page 3, line 11+ of the Specification.
Claims 5 and 6 are vague and indefinite for the same reasons discussed above.
Please change the terms “fatty acids” to “triglycerides”.
Support for these amendments can be found at page 3, line 11+ of the Specification.
Clarification and/or correction required.
ANSWERS TO APPLICANT’S ARGUMENTS
The limitations of the amended/new claims are discussed above.
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.
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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/BRENT T O'HERN/ Primary Examiner, Art Unit 1793 September 18, 2026
