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 in the reply filed on 8/24/2026 is acknowledged.
Claims 17-28 are pending. Claims 17-25 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Claims 26-28 are currently under examination.
Information Disclosure Statement
The information disclosure statement filed on 3/19/2025 has been considered. A signed copy is enclosed.
Claim Objections
Claims 27-28 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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 26 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jones (US Patent Application Publication 2006/0112584).
The instant claim is drawn to a dietary supplement comprising: a powdered vegetable mixture of beets, carrots, collard, spinach, kale, mushroom, tomato, and optionally nettle leaf, the powdered vegetable mixture being dehydrated to form a dried vegetable powder.
Jones discloses dried powders comprising mixture of beets, carrots, collard, spinach, kale, mushroom, tomato, and nettle leaf (see paragraphs 0011 and 0013).
Conclusion
No claim is allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brian J Gangle whose telephone number is (571)272-1181. The examiner can normally be reached M-F, 9-6:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anne Gussow can be reached at 571-272-6047. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN GANGLE/Primary Examiner, Art Unit 1645
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