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 with traverse of Group I, claim 1-5 and 7 in the reply filed on 04/20/2026 is acknowledged. The traversal is on the ground(s) that ‘376 Patent (Buddemeyer et al. US 6,248,376) comprising an inorganic salt and an organic acid does not constitute a special technical feature that makes a contribution.
This is not found persuasive because, first it is noted Applicant has amended claim 1 to recite new limitations in claim 1; second, the recitation of “…at least one inorganic salt and/or inorganic chelate of calcium with potassium citrate…” wherein the “or” is alternative selection, in other words at least one inorganic salt or inorganic chelate of calcium with potassium citrate; hence Applicant’s remarks does not commensurate with the limitation of the claim. Buddemeyer et al. discloses a calcium enrichment composition comprising citric acid (organic acid), calcium oxide (inorganic salt of calcium) (col. 2, ln. 40-41), potassium citrate (claim 27); wherein the composition is free from calcium carbonate (col. 2, ln. 40-41).
The requirement is still deemed proper and is therefore made FINAL.
Application Status
Amended claim 1-5 and 7 are under examination.
Claim 6 is cancelled.
Claim 8-20 are withdrawn from examination.
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.
Claim(s) 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Buddemeyer et al. (US 6,248,376).
Regarding claim 1 and 2, Buddemeyer et al. (Buddemeyer) discloses a calcium-enriched composition comprising citric acid (organic acid), calcium oxide (inorganic salt of calcium) (col. 2, ln. 40-41), potassium citrate (claim 27); wherein the composition is free from calcium carbonate (col. 2, ln. 40-41). Buddemeyer does not disclose animal-derived ingredients (col. 4, Example 1, Table 1). With respect to claim 2, Buddemeyer discloses the composition comprising the calcium oxide as an inorganic salt of calcium (col. 2, ln. 40-41).
Regarding claim 3, Buddemeyer) discloses soy milk with the calcium-enriched composition (col 18, Example 16), wherein the soy milk contains soy bean protein (plant-derived protein).
Regarding claim 4, Buddemeyer discloses the composition comprising the calcium oxide as the inorganic salt of calcium (col. 2, ln. 40-41).
Regarding claim 5, Buddemeyer discloses the composition comprising the calcium oxide as the inorganic salt of calcium (col. 2, ln. 40-41) with a range of about 4-15% by weight, based on total weight of the composition (col. 2, ln. 34-36), which is in range with the cited range.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Buddemeyer et al. (US 6,248,376) as applied to claim 6 above, and further in view of Farber (WO 2005/079819).
Regarding claim 7, Buddemeyer discloses the claimed invention as discussed above in claim 6. Buddemeyer is silent on beta glucan in the composition. Howver, Farber discloses a delivery system for calcium (Abstract) comprising calcium supplement with other functional ingredients to enhance the calcium within the body. Farber discloses functional ingredients including oat beta-glucans (pg. 26, line 17) to promote health of the consumer (pg. 26, line 5-9). Farber and Buddemeyer are of the same field of endeavor of calcium supplement product. It would have been obvious to one of ordinary skill in the art to be motivated to incorporate Farber’s oat beta glucan in Buddemeyer’s composition to promote health of the consumer (pg. 26, line 5-9) as taught by Farber.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HONG THI YOO whose telephone number is (571)270-7093. The examiner can normally be reached M-F, 7AM to 3PM.
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/HONG T YOO/Primary Examiner, Art Unit 1792
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