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 3, 5-7, 11 and 17-21 are pending.
Examiner’s Note
When making amendments to the claims Applicant is advised to be careful and not add new matter. If Applicant believes that support is present in the Figures then Applicant is advised to consider amending the text of the Specification to capture the new limitations while being careful not to add new matter. Applicant is advised to precisely point out where in the disclosure as filed, not the PGPUB, support is present for any amendments.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/11/2026 has been entered.
WITHDRAWN REJECTIONS
All rejections of record in the Office Action mailed 3/11/2026 have been withdrawn due to Applicant’s amendments in the Paper filed 6/11/2026.
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 3, 5-7, 11 and 17-21 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 “gut microbiota data” in claim 11, line 6 is vague and indefinite as it is unclear whether this refers to information obtained as a result of a physical sample or something else.
The phrase “maintaining or improving … maintaining or adjusting” in claim 11, lines 1-8 is vague and indefinite as it is unclear how there can be “adjusting” when the preamble states “maintaining or improving”.
The phrase “maintaining or adjusting the subject's gut microbiota diversity by maintaining or increasing at least one of (1) a number of the types, (2) the total amount, and (3) one or more individual amounts of the dietary fiber” in claim 11, lines 8-10 is vague and indefinite as it is unclear how (1), (2) and (3) can be determined without sampling.
The phrase “gut microbiota data” in claim 11, line 11 is vague and indefinite as it is unclear whether this refers to information obtained as a result of a physical sample or something else.
The phrase “relative abundance” in claim 18, line 2 is vague and indefinite as it is unclear what is the comparison for “relative”.
Claim 19 recites the limitation "adjustment" in line 2. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "adjusting".
The phrase “wherein the types of dietary fiber present in a diet of the subject comprise six or more types of soluble or insoluble dietary fiber, and wherein a greater sum of types of dietary fiber present in the food, meal, or diet provides a more diverse gut microbiota” in claim 20 is vague and indefinite as it is unclear how one knows a more diverse gur microbiota will be present without sampling.
Clarification and/or correction required.
ANSWERS TO APPLICANT’S ARGUMENTS
The limitations of the amended/new claims are discussed above.
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 June 12, 2026
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