DETAILED ACTION
Applicant's response filed on August 13, 2026 to the Non-Final rejection mailed on May 13, 2026 is acknowledged.
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 .
Priority
This Application filed on 05/24/2023 is a 371 of PCT/KR2020/013508 filed on 10/05/2020 which claims foreign priority to KOREA, REPUBLIC OF 10-2019-0155901 filed on 11/28/2019.
Information Disclosure Statement
No new information disclosure statement(s) (IDS) filed.
Response to Arguments
Applicant’s arguments over the 35 U.S.C. 102 rejection of claims 15-21 over Murray et al. (A topical antioxidant solution containing vitamins C and E with ferulic acid protects human skin from sunlight damage and DNA mutations associated with skin cancer, J. Am. Acad. Dermatol. 2008, Vol. 59:418-425)is persuasive due to amendments made to the claims. The rejection is herewith withdrawn.
Applicant’s arguments over the 35 U.S.C. 103 rejection of claims 15-21 over Lo et al. (Ferulic acid altered IL-17A/IL-17RA interaction and protected against imiquimod-induced psoriasis-like skin injury in mice. Food Chem Toxicol. 2019 Jul;129:365-375. doi: 10.1016/j.fct.2019.04.060. Epub 2019 May 3. PMID: 31054998.) in view of Wang et al., 2018 (Gain-of-Function Mutation of Card14 Leads to Spontaneous Psoriasis-like Skin Inflammation through Enhanced Keratinocyte Response to IL-17A Immunity, 49 (2018), pp. 66-79.e5) is persuasive due to amendments made to the claims. The rejection is herewith withdrawn.
Applicant’s arguments over the 35 U.S.C. 103 rejection of claims 15-21 over El-Gammal et al. (Apitherapy as a New Approach in Treatment of Palmoplantar Psoriasis. Open Access Maced J Med Sci. 2018 Jun 10;6(6):1059-1061. doi: 10.3889/oamjms.2018.135. PMID: 29983801; PMCID: PMC6026437.) in view of Mellet et al. (CARD14 Gain-of-Function Mutation Alone Is Sufficient to Drive IL-23/IL-17–Mediated Psoriasiform Skin Inflammation In Vivo. Journal of Investigative Dermatology
Volume 138, Issue 9, September 2018, Pages 2010-2023) is persuasive due to amendments made to the claims. The rejection is herewith withdrawn.
The rejections are as below:
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 15-19 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhongyan et al. (CN101366856 A).
Zhongyan et al. teaches a Chinese medicine composition comprising ferulic acid used in treatment of ichthyosis. The treatment of ichthyosis is taken orally, combine treatment externally, use decoction and tincture more.
The recitation of “ferulic acid or analog thereof increases the expression of keratin 6a protein” “suppressing the function of a gene encoding at least one keratin” “ regulates the expression of beta catenin protein” are inherit because they are parts of the pathway which ferulic acid acts on and products of identical chemical composition can not have mutually exclusive properties. A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 15-21 are rejected under 35 U.S.C. 103 as being unpatentable over Zhongyan et al. (CN101366856 A) in view of Lu et al. (WO 02078420 A2).
Zhongyan is as discussed above.
The reference does not specify the treatment of epidermolysis bullosa (EB), epidermolysis bullosa simplex (EBS), Dermatopathia pigmentosa reticularis (DPR), Dowling-Degos Disease (DDD), or Pachyonychia congenital.
Lu et al. teaches “Mutations in keratin genes lead to epithelial diseases including epidermolysis bullosa simplex, bullous congenital ichthyosiform erythroderma (epidermolytic hyperkeratosis), non-epidermolytic and epidermolytic palmoplantar keratoderma, ichthyosis bullosa of Siemens, pachyonychia congenita, and white sponge nevus. Some of these diseases result in severe skin blistering.”
It would have been obvious to one of ordinary skill in the art at the time of filing to treat epidermolysis bullosa simplex or ichthyosis with ferulic acid. The motivation to treat epidermolysis bullosa simplex or ichthyosis is because Lu et al. teaches “Mutations in keratin genes lead to epithelial diseases including epidermolysis bullosa simplex, bullous congenital ichthyosiform erythroderma (epidermolytic hyperkeratosis), non-epidermolytic and epidermolytic palmoplantar keratoderma, ichthyosis bullosa of Siemens, pachyonychia congenita, and white sponge nevus. Some of these diseases result in severe skin blistering.” Therefore, a skilled artisan would have had reasonable expectation of successfully achieving treatment of epithelial diseases resulting from keratin gene mutations with ferulic acid.
Relevant art:
CN 104621568 A teaches ferulic acid is an excellent free radical scavenger, plays an important role in the prevention of cancer.
Conclusion
No claims allowed.
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/LAYLA SOROUSH/ Primary Examiner, Art Unit 1622
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