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 .
DETAILED ACTION
Election/Restrictions
Claims 2-16 are pending.
Applicant’s election without traverse of Group II, claims 2-6, and 9-16, in the reply filed on 6/9/26 is acknowledged.
Claims 7 and 8 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 6/9/26.
Claims 2-6, and 9-16 are examined on the merits.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 2-6, and 9-16 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Park (KR 20160143042 A).
Park teaches the present invention relates to a method for making chicken gangjeong (fried chicken with sweet and sour sauce) using a Korean dendropanax (thus the claimed Dendropanax morbifera) extract and the chicken gangjeong. More specifically, in order to make chicken gangjeong with no distinctive smell of chicken, tender meat, and excellent taste and flavor, the method comprises the steps of: cleaning, cutting, and preparing chicken; heating Korean Dendropanax, water (thus water extract, thus claims 2 and 13 are met), ginger, garlic, and whole peppers at a temperature of 90-100C for 100-150 minutes to prepare a Korean dendropanax extract; mixing the prepared chicken with the prepared Korean dendropanax extract, a pepper powder, refined rice wine, and salt, and aging the mixture at 0-4C for 10-15 hours; coating the aged chicken with starch and frying the chicken in oil at 160-180C two times; putting leek, ginger, garlic, and cheongyan red pepper in oil heated to 100-150C to prepare a spicy oil; putting soy sauce, sugar, starch syrup, garlic, and dried red pepper in the prepared spicy oil, followed by heating to a temperature of 90-100C for 20-30 minutes, thereby preparing gangjeong sauce; and mixing the fried chicken and the prepared sauce (see Abstract). Parks teaches in order to perform the sensory test for Example 1 and Comparative Example 1, the taste, texture, aroma and overall acceptability of the food were examined using a 9-point scoring method for 30 trained panelists [0068] (thus the claimed composition was being administered to a subject).
Since the claimed Dendropanax morbifera extract is being administered to a subject, it is deemed that the claimed material is going to perform the claim designated function, which is to prevent eye damage, or prevent eye disease including the list recited by claims 5, 10, 14, and 16, caused by claims 3, 4, and 9, using the claimed mechanism recited by claims 6, and 15. Since the word “prevent”, it reads on anyone who is being administered with the claimed material, as everyone needs to prevent eye damage, or eye disease. Applicant is suggested to delete the word “preventing” throughout the claims.
Therefore, the reference is deemed to anticipate the instant claim above.
Conclusion
No claim is allowed.
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/Qiuwen Mi/
Primary Examiner, Art Unit 1655
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