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 the Group I, claims 1-16, in the reply filed on 4/16/2026 is acknowledged.
Claims 17-18 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 4/16/2026.
Clams 1-16 are under examination in 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.
Claims 1 -5 and 7-9 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by KR 748716 (Chang et al).
The cited KR 748716 (Chang et al) discloses a fertilizer composition comprising: 1) calcium nitrates and 2) antioxidant polyphenols such as onion extract (see English abstract). The composition also comprises vitamins including vitamin C, amino acids and minerals including selenium, zinc, copper (col. 9 lines 34-36).
Thus, the cited KR 748716 (Chang et al) clearly anticipates claims 1, 4, 5, 7 and 8.
Further, claim 3 allows for the absence of nitrite. Claim 9 solely encompasses intended effects but not limited to any additional structural element.
Thus, the cited KR 748716 (Chang et al) anticipates claimed product.
Claims 1 and 3-9 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by US 10,967,002 (Van den Bosch et al).
US 10,967,002 (Van den Bosch et al) discloses an animal feed composition comprising: 1) nitric oxide producing compounds that are nitrates and nitrites (see entire document including abstract and col. 1, lines 40-45) and antioxidants including flavonoids (col.11, line 19) that are major class of polyphenols. The composition is intended for various animals (col. 8, lines 63-64) including avian (col. 9, line 7). Nitrates and nitrites are salts of calcium, magnesium, ammonium, sodium (col. 3, lines 52-53; col.1, line 45). The amounts of nitrates in the total feeds are in the range less 1% or less than 0.2% (2,000 g per ton) or less than 0.05% (col. 5, lines 5-12) which overlaps the claimed range; and the feed is provided depending on animal weights and days of feeding (col. 4, lines 35-60). The composition also comprises vitamins including vitamin C and vitamin E (col. 9, lines 42-45), probiotics (col. 11, line 14) and minerals including selenium, zinc, manganese, copper (col. 9 lines 34-36).
Thus, the cited US 10,967,002 (Van den Bosch et al) clearly anticipates claims 1, 4-8.
Further, claim 3 allows for the absence of either nitrate or nitrite. Claim 9 is directed to intended effects.
Thus, the cited US 10,967,002 (Van den Bosch et al) anticipates claimed product.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-16 are rejected under 35 U.S.C. 103 as being unpatentable over US 10,967,002 (Van den Bosch et al) taken with WO 2015/184311 (Hilbert et al).
US 10,967,002 (Van den Bosch et al) discloses an animal feed composition comprising: 1) nitric oxide producing compounds that are nitrates and nitrites (see entire document including abstract and col. 1, lines 40-45); and 2) antioxidants including flavonoids (col. 11, line 19) that are major class of polyphenols. The composition is intended for various animals (col. 8, lines 63-64) including avian (col. 9, line 7). Nitrates and nitrites are salts of calcium, magnesium, ammonium, sodium (col. 3, lines 52-53; col.1, line 45). The amounts of nitrates in the total feeds are in the range less 1% or less than 0.2% (2,000 g per ton) or less than 0.05% (col. 5, lines 5-12) which overlaps the claimed range; and the feed is provided depending on animal weights and days of feeding (col. 4, lines 35-60). The composition also comprises vitamins including vitamin C and vitamin E (col. 9, lines 42-45), probiotics (col. 11, line 14) and minerals including selenium, zinc, manganese, copper (col. 9 lines 34-36).
The cited US 10,967,002 (Van den Bosch et al) teaches an animal feed with nitrates/nitrites in a balanced diet feed comprising active agents including vitamins, minerals, antioxidants, flavonoids (claimed “polyphenol”) and phytochemicals (col. 11, lines 1-19; col. 9, line 28). But the disclosed phytochemicals-polyphenols are generic; and the cited document is silent about a specific source of phytochemicals, flavonoids or polyphenols as intended for animal diets including chicken diets.
However, the prior art teaches beneficial incorporation of plant-derived phytochemicals or polyphenols such as a blend of grape seed extract, onion extract and rosemary extract for feeding poultry for increasing chicken performance. For example: see WO 2015/184311 at abstract, par. 0032, 0025, examples 1-9. The amounts of polyphenol source in complete feed varies from 1ppm to 300 ppm or 10-300 g per ton (par. 0038) which overlaps the claimed range.
Therefore, it would have been obvious to one having ordinary skill in the art at the time the claimed invention was filed to use plant polyphenols derived from grape seed extract, onion extract and/or rosemary extract taught by WO 2015/184311 as the antioxidant-phytochemicals in the feed product of US 10,967,002 (Van den Bosch et al) with a reasonable expectation of success in providing a feed composition with beneficial effects on animal performance because US 10,967,002 (Van den Bosch et al) teaches and suggests animal health beneficial composition with nitrates/nitrites and polyphenol phytochemicals and because incorporation of plant-derived phytochemicals or polyphenols such as a blend of grape seed extract, onion extract and rosemary extract taught by WO 2015/184311 in the animal or avian feed provides for increasing animal and poultry performances. The idea of combining beneficial ingredients in the animal or poultry feed flows freely from the combined teachings of the prior art.
Thus, the claimed invention as a whole was clearly prima facie obvious, especially in the absence of evidence to the contrary.
The claimed subject matter fails to patentably distinguish over the state art as represented be the cited references. Therefore, the claims are properly rejected under 35 USC § 103.
The claimed subject matter fails to patentably distinguish over the state art as represented be the cited references. Therefore, the claims are properly rejected under 35 USC § 103.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VERA AFREMOVA whose telephone number is (571)272-0914. The examiner can normally be reached Monday-Friday: 8.30am-5pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sharmila Landau can be reached at (571) 272-0614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Vera Afremova
July 1, 2026
/VERA AFREMOVA/ Primary Examiner, Art Unit 1653
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