DETAILED ACTION
This Office action is in response to Applicant’s amendment filed August 11, 2026. Applicant has amended claims 5, 7, 8, 10-12, 17, 21, 23 and 27. Currently, claims 1-3, 5-14, 16-18, 20-24, 27, 41 and 44 remain pending in the application.
The text of those sections of Title 35 U.S. Code not included in this action can be found in the prior Office action, Paper No. 20260512.
The rejection of claims 5, 11 and 23 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, is withdrawn in view of applicant’s amendments and remarks.
The rejection of claims 27, 41 and 44 under 35 U.S.C. 102((a)(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Popplewell et al, WO 2020/209909, is withdrawn in view of applicant’s amendments and remarks.
The rejection of claims 27, 41 and 44 under 35 U.S.C. 102((a)(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Akeroyd et al, WO 2020/131879, is maintained for the reasons of record.
The provisional rejection of claims 27, 41 and 44 on the ground of nonstatutory double patenting as being unpatentable over claims 1-31 of copending Application No. 19/115,705 is maintained for the reasons of record.
NEW GROUNDS OF REJECTION
Claim Rejections - 35 USC § 112
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.
Claims 27, 41 and 44 are 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 the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 27, 41 and 44 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, for containing the limitation “said plant-based protein hydrogel is not covalently modified or has a coating deposited thereon” in lines 8-9 of claim 27. This limitation renders the claim vague and indefinite, since line 7 of claim 27 requires that the said plant-based protein hydrogel is not covalently modified. Accordingly, it is unclear if the hydrogel must not be covalently modified or if the hydrogel has a coating deposited thereon. Claims 41 and 44 are included in this rejection for being dependent upon claim 27. Appropriate correction and/or clarification is required.
Response to Arguments
Applicant's arguments filed August 11, 2026 have been fully considered but they are not persuasive.
Applicant argues that Akeroyd et al, WO 2020/131879, does not teach or suggest in general a biodegradable microcapsule that contains a plant-based protein hydrogel encapsulate that is not covalently modified, as required by applicant in newly amended claim 27. However, the examiner respectfully disagrees. Specifically, the examiner respectfully maintains that Akeroyd et al clearly discloses that their protein encapsulate may optionally be modified by covalently attaching moieties (see paragraph 47). Accordingly, since this modification is optional, the examiner maintains that Akeroyd et al clearly discloses that their plant-based protein hydrogel encapsulate is not covalently modified, as required by applicant in newly amended claim 27. Furthermore, the examiner asserts that Akeroyd et al clearly discloses that their protein encapsulate may contain an additional coating (see paragraph 68), per the requirements of newly amended claim 27.
The examiner notes that applicant’s terminal disclaimer over copending Serial No. 19/115,705 that was filed on August 11, 2026 was disapproved for using the wrong form. Accordingly, this rejection is maintained for the reasons of record.
Allowable Subject Matter
Claims 1-3, 5-14, 16-18 and 20-24 are allowed. Specifically, the prior art of record does not teach or suggest in general a method for preparing a biodegradable microcapsule comprising the specific steps required by applicant in instant claims 1-3, 5-14, 16-18 and 20-24.
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 BRIAN P MRUK whose telephone number is (571)272-1321. The examiner can normally be reached on 7:00am-5:30pm Monday-Thursday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Brown-Pettigrew, can be reached on 571-272-2817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN P MRUK/
Primary Examiner, Art Unit 1761
Brian P Mruk
September 18, 2026
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