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 .
This office action is in response to preliminary amendment filed on 2/17/25. Claims 1-6 are amended. Claims 1-6 are pending.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 1,6 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.
In claim 1, the limitation “ obtaining the cells as a power” is vague and indefinite; it’s unclear what exactly is the processing step in “ obtaining”. It’s unclear what is actually being done.
In claim 6, the limitation “ or light” is vague and indefinite because it’s unclear what intended by “ light”; it’s unclear how roasting is performed by adjusting light. It’s unclear what light encompasses. The recitation of “ the roasting time” does not have proper antecedent basis.
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) 1,3, is/are rejected under 35 U.S.C. 102(a) as being anticipated by Yoon ( 2014/0087026).
For claim 1, Yoon discloses a method for the production of a cell-cultured ingestion product. The method comprises the steps of providing selected plants, processing the plants to obtain a cell culture, propagating the cell culture in in culture medium, harvesting the cells by separating them, from the medium, drying the cells, milling the cells to obtain powder and pressing the powder to form tablets. ( see paragraphs 0025,0026,0039, 0042,0043-0044,0048,0054,example 6)
For claim 3, the plant includes coffee plant, tea, cereal. ( see paragraph 0035)
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) 2,5,6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoon.
Yoon does not discloses roasting as in claim 2, filtration as in claim 5 and the roasting as in claim 6.
Yoon discloses the cell powder is used as food ingredients and subjected to subsequent processing. The power can be formed as tablet. It would have been obvious to one of ordinary skill in the art to roast the tablet as obvious matter of preference depending on the taste, flavor and texture desired. Roasting is a well known method of cooking, it would have been well within the skill of one in the art to determine the time and temperature without undue experimentation. Filtering is a well known process to separate components. It would have been readily obvious to one of ordinary skill in the art to use filtration to separate the cells from the culture medium.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoon ( 2014/0087026) in view of Ding ( CN 106947730).
Yoon does not disclose the plant part as in claim 4.
Ding discloses preparation of plant cell culture to be used in food products. The plant cell is obtained from stem, leaves, root, etc.. ( see page 2)
It would have been obvious to one of ordinary skill in the art to use known plant parts as shown in Ding to prepare the cell culture. This parameter would have been readily obvious to one of ordinary skill in the art.
Conclusion
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September 30, 2026
/LIEN T TRAN/Primary Examiner, Art Unit 1793
