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 .
Applicants' arguments, filed 02/16/2026, have been fully considered. Rejections and/or objections not reiterated from previous office actions are hereby withdrawn. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 11 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kitryte et al (Food Chemistray 267 (2018) 420-429).
Kitryte et al discloses hemp residue after cannabinoid and antioxidant fractions by supercritical carbon dioxide, pressurized liquid, and enzyme-assisted extractions (abstract and sections 2.2-2.4).
While Kitryte et al does not discuss the fiber content, per the instant specification at ¶ 15, the ratio of SDF/IDF in hemp pomace is 1:30. Therefore, the hemp residue, or pomace, disclosed in the prior art appears to inherently have the required ratio. This is further supported by instant Example 1 which uses hemp pomace after extraction by carbon dioxide solvent extract, which is the same process disclosed in the prior art reference. See MPEP 2112(I) and (II).
Double Patenting
Claims 11 and 12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent Nos. 11,590,186, US 11,547,669, and 11,510,951.
It is unclear what Applicants reason for not filing a terminal disclaimer for these patents are, other than it is noted they are parent cases that were patented. Examiner notes that parent cases share a common priority date and can therefore be subject to double patenting. See MPEP 804. The exception is for divisional applications directed to non-elected inventions. But here, the subject matter of US 11,590,186 and US 11,547,669 are both directed to a composition comprising hemp pomace, resulting after extraction and removal of cannabinoids having a soluble dietary fiber to insoluble dietary fiber ratio of 1:30, which reads on the instant claims. For US 11,510,951, the same composition is claimed, with the addition of a probiotic, but the instant claims do not exclude additional agents, and therefore the patent discloses the instantly claimed subject matter.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN J PACKARD whose telephone number is (571)270-3440. The examiner can normally be reached Mon 2-6pm and Tues-Fri 9:30am-6:30pm + mid-day flex.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sahana S. Kaup can be reached at (571) 272-6897. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BENJAMIN J PACKARD/ Primary Examiner, Art Unit 1612
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