DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. This application is entitled to and claims the benefit of priority of U.S. Provisional App. No. 63/526,822, filed 07/14/2023. The preliminary amendment filed on 07/15/2024 is entered and acknowledged by the Examiner.
Information Disclosure Statement
3. The information disclosure statement submitted on 07/15/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the examiner has considered the information disclosure statement.
Drawings
4. The drawings are received on 07/15/2024. These drawings are acceptable.
Claim Objections
5. Claims 2-12 are objected to because of the following informalities: It is suggested that “of claim x” be deleted and "according to claim x" be inserted in its stead so as to engender claim language clarity. Appropriate correction is required.
Claim Rejections - 35 USC § 112
6. The following is a quotation of 35 U.S.C. 112(b):
(B) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
7. Claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention. Claim 3 recites the limitation "wherein the ethanol solution is 70% ethanol" in line 1. There is insufficient antecedent basis for this limitation in the claim.
For the purpose of examination against the prior art, claim 3 is construed to recite “wherein the first and the second ethanol solution is 70% ethanol”.
Claim Rejections - 35 USC § 102
8. 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.
9. Claims 1-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated Saleh et al. (Novel Prosopis juliflora leaf ethanolic extract as natural antimicrobial agent against food
spoiling microorganisms. Sci Rep. 2021, Apr 12;11(1):7871. doi: 10.1038/s41598-021-86509-3. PMID: 33846384; PMCID: PMC8041821, hereinafter “Saleh”).
Regarding claim 1: Saleh discloses a method of preparing a Prosopis juliflora water-soluble leaf ethanolic extract (Page 12, Materials and methods, 1st para, lines 1-8 to Page 13, 2nd para, lines 1-12), the method comprising: providing Prosopis juliflora leaf powder,
combining the Prosopis juliflora leaf powder and a first solvent comprising a first ethanol solution in a first shaker-incubator for at least 24 hours to obtain a first shaken solution, isolating a first supernatant from the first shaken solution, obtaining a first dried material from a centrifugation of the first supernatant and evaporation of the first solvent, combining the Prosopis juliflora leaf powder and a second solvent comprising a second ethanol solution in a second shaker-incubator for at least 24 hours to obtain a second shaken solution, isolating a second supernatant from the second shaken solution, and obtaining a second dried material from a centrifugation of the second supernatant and evaporation of the second solvent, adding the first dried material and the second dried material to distilled water to prepare a stock solution, and obtaining a third supernatant from centrifugation of the stock solution to form the Prosopis juliflora water-soluble leaf ethanolic extract (Page 12, Fig. 9).
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Regarding claim 2: Saleh discloses the method of preparing a Prosopis juliflora water-soluble leaf ethanolic extract (Page 12, Materials and methods, 1st para, lines 1-8 to Page 13, 2nd para, lines 1-12), wherein the stock solution has a concentration of 100 mg/mL to 200 mg/mL (Page 12, Fig. 9).
Regarding claim 3: Saleh discloses the method of preparing a Prosopis juliflora water-soluble leaf ethanolic extract (Page 12, Materials and methods, 1st para, lines 1-8 to Page 13, 2nd para, lines 1-12), wherein the ethanol solution is 70% ethanol (Page 12, Fig. 9).
Regarding claim 4: Saleh discloses the method of preparing a Prosopis juliflora water-soluble leaf ethanolic extract, wherein the first supernatant and the second supernatant are isolated via filtration (Page 12, Fig. 9).
Regarding claim 5: Saleh discloses the method of preparing a Prosopis juliflora water-soluble leaf ethanolic extract (Page 12, Materials and methods, 1st para, lines 1-8 to Page 13, 2nd para, lines 1-12), wherein the third supernatant is stored at 3°C to 6°C (Page 12, Fig. 9).
Regarding claim 6: Saleh discloses the method of preparing a Prosopis juliflora water-soluble leaf ethanolic extract (Page 12, Materials and methods, 1st para, lines 1-8 to Page 13, 2nd para, lines 1-12), wherein the Prosopis juliflora leaf powder and the first ethanol solution in the first shaker-incubator is at a temperature of about 45 °C, and shaking about 50 cycles/min for at least 48 hours (Page 12, Fig. 9).
Regarding claim 7: Saleh discloses the method of preparing a Prosopis juliflora water-soluble leaf ethanolic extract (Page 12, Materials and methods, 1st para, lines 1-8 to Page 13, 2nd para, lines 1-12), wherein the first dried material and a second ethanol solution in a second shaker-incubator in the second shaker-incubator is at a temperature of about 45 °C, and shaking about 50 cycles/min for at least 24 hours (Page 12, Fig. 9).
Regarding claim 8: Saleh discloses the method of preparing a Prosopis juliflora water-soluble leaf ethanolic extract (Page 12, Materials and methods, 1st para, lines 1-8 to Page 13, 2nd para, lines 1-12), wherein providing Prosopis juliflora leaf powder comprises drying Prosopis juliflora leaves at a temperature of 40°C to 50°C, and grinding the dried Prosopis juliflora leaves into the Prosopis juliflora leaf powder (Page 12, Fig. 9).
Regarding claim 9: Saleh discloses the method of preparing a Prosopis juliflora water-soluble leaf ethanolic extract (Page 12, Materials and methods, 1st para, lines 1-8 to Page 13, 2nd para, lines 1-12), further comprising sterilizing the third supernatant via a syringe filter and storing at a temperature of 3°C to 5°C (Page 12, Fig. 9)..
Regarding claim 10: Saleh discloses a composition comprising the Prosopis juliflora water-soluble leaf ethanolic extract (Page 13, Food spoiling microbial isolates, 3rd para, lines 1-3).
Regarding claim 11: Saleh discloses a method of protecting post-harvest vegetation, the method comprising applying the composition to the outer surface of post-harvest vegetation (Page 15, Effect of PJ‑WS‑LE extract against A., 4th para, lines 12-17).
Regarding claim 12: Saleh discloses the method of protecting post-harvest vegetation, wherein applying the composition includes dissolving the composition in water to form a composition solution, and spraying the composition solution onto the post-harvest vegetation (Page 15, Effect of PJ‑WS‑LE extract against A., 4th para, lines 12-17).
Examiner Information
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bijan Ahvazi, Ph.D. whose telephone number is (571) 270-3449. The examiner can normally be reached on Mon-Fri 9.00 A.M. -7 P.M..
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached on 571-272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Bijan Ahvazi/
Primary Examiner, Art Unit 1763
08/05/2026
bijan.ahvazi@uspto.gov
Prosecution Insights