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 Group II (claims 15-16, 20-24, 40-41, 44 and 46-48) in the reply filed on 3/16/2026 is acknowledged. Claims 1-3, 6, 10-11 and 13 are withdrawn from consideration and claims 15-16, 20-24, 40-41, 44 and 46-48 are examined in this office letter.
Claim Objections
Claims 15 and 40 are objected to because both elected claims 15 and 40 depend from a withdrawn (i.e. claim 1). For the purposes of this office action, the claims will be examined assuming they incorporate all limitations of claim 1. Applicant must amend claims 5 and 40 as independent claims by incorporating entire claim 1 in each of claims 5 and 40. Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 15-16, 20-24, 40-41, 44 and 46-48 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Butt (BR 112020001475 A2), hereinafter Butt.
A copy of Butt reference and its full English translation is included with this office action, All references to text of Butt (such as para numbers) are with
respect to the full English translation.
Regarding the method of claim 1, Butt (BR 1120200014 75 A2) a feed additive
composition (para 10 describes use "as components of animal feed or feed additives")
comprising or consisting essentially of a direct fed microbial (DFM) (para 48 describes
"animal feed" is "directly fed microbial") comprising Bifidobacterium animalis subsp.
lactis and/or a Lactobacillus acidophilus (para 67 describes "animal feed" may comprise
"Bifidobacterium spp, Lactobacillus acidophilus").
Regarding claim 15, Butt further teaches a method for treating or preventing necrotic enteritis (para 20 describes fighting dangers of “Necrotic enteritis"; also see para 188) in a subject (i.e. animals taking the animal feed) in need thereof, comprising administering an effective amount of the feed additive composition of claims 1 to the subject (para 61 ).
Regarding claim 16, Butt teaches the method of claim 15, wherein the subject is poultry or swine (para 99 describes that animal feed is in context of "Poultry and pig diets").
Regarding claim 20, Butt teaches the method of claim 15 of feeding the feed additive composition to subjects such as poultry and swine (para 99) that helps fighting diseases such as "Necrotic enteritis" described in para 20, which would result in better health in the subject compared to a subject that has not been administered an effective amount of the feed additive composition of claims 1. Note that composition fed is the same and improves health in a similar manner, and as such, the other properties would be the same; i.e. the recited "improves and it follows that it would reduce mortality. Further, the recites effects of "reduces feed conversion ratio, increases feed efficiency, reduces mortality, increases final slaughter weight, or increases weight gain". The recitation of "reduces feed conversion ratio, increases feed efficiency, reduces mortality, increases final slaughter weight, or increases weight gain" is only a statement of the inherent properties of the feed additive product. The structure recited in Butt is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. In re Best, 195 USPQ 430, 433 (CCPA 1977) and MPEP 2112.01.
Regarding claim 21, Butt teaches the method of claim 20, wherein the subject has clinical or subclinical necrotic enteritis (para 20 describes fighting dangers of" Necrotic enteritis"; also see para 150).
Regarding claim 22, Butt teaches the method of claim 15, wherein said method further reduces expression of Clostridium perfringens necrotic enteritis B-like toxin (NetB) – see para 149 that describes "necrotic enteritis" and para 150 that describes "strain NetB"; also para 12 lists disease is caused by "clostridium perfringens" .
Regarding claim 23, Butt teaches the method of claim 15, wherein the feed additive composition is administered by water line (para 144 describes "Feed and water" as method of administration).
Regarding claim 24, Butt teaches the method of claim 15, wherein said administration is
performed without co-administration of an antibiotic to the subject (para 144 describes feed given to the subject may be "antibiotic-free diet").
Regarding claim 40, Butt teaches a method for decreasing necrotic enteritis B-like toxin or NetB expression (para 149 that describes "necrotic enteritis" and para 150 that describes "strain NetB") in Clostridium perfringens (para 12 lists disease is caused by "clostridium perfringens") in a subject in need thereof comprising or consisting essentially of administering an effective amount of the feed additive composition of claim 1 (as explained above) to the subject, wherein the C. perfringens cell is located in the gut (para 17 discloses that disease causing pathogens "usually settle in the small intestine, such as the colon) of the subject.
Regarding claim 41, Butt teaches the method of claim 40, wherein the subject is poultry or swine (para 99 describes that animal feed is in context of "Poultry and pig diets").
Regarding claim 44, Butt teaches the method of claim 40, wherein said method reduces or prevents necrotic enteritis (para 188 describes preventing "necrotic enteritis") and inherently the intestinal lesions associated with necrotic enteritis.
Regarding claim 46, Butt teaches the method of claim 40, wherein the subject has clinical or subclinical necrotic enteritis (para 20 describes fighting dangers of" Necrotic enteritis"; also see para 150).
Regarding claim 47, Butt teaches the method of claim 40, wherein the feed additive composition is administered by water line para 144 describes "Feed and water" as method of administration).
Regarding claim 48, Butt teaches the method of claim 40, wherein said administration is performed without co-administration of an antibiotic (para 144 describes feed given to
the subject may be "antibiotic-free diet") to the subject.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JYOTI CHAWLA whose telephone number is (571)272-8212. The examiner can normally be reached M-F 9:30- 5:30.
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/JYOTI CHAWLA/Primary Examiner, Art Unit 1791