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 .
DETAILED ACTION
Status of Claims
Note: The amendment of May 4th 2026 has been considered.
Claims 3-25, 27 and 28 are pending in the current application.
Claims 9-25 and 28 are withdrawn from consideration.
Claims 3-8, 21-23 and 27 are examined in the current application.
Any rejections not recited below have been withdrawn.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35 of the U.S. Code not included in this action can be found in a prior Office action.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 3-8, 21-23 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Greeve et al. (WO 2008/113421 A1) in view of NPL “Amazon” (from https://www.amazon.com/Lekithos%C2%AE-Organic-Sunflower-Lecithin-Liquid/dp/B07F45KWD5?th=1)
Regarding claims 21, 22, 27, 3, 4 and 6-8: Greeve discloses a method of preparing an oil-in-water emulsion to be used for parenteral (i.e., subcutaneous) administration by homogenizing an aqueous and an oil phase using a phospholipid composition comprising phosphatidylcholine and an anionic phospholipid compound that is phosphatidylglycerol (e.g., 1,2-dimyristoyl-sn-glycero-3-phophorylglycerol (‘PMPG’)), or phosphatidylethanolamine (see Greeve paragraphs 1, 4 and 5 on page 4, and paragraphs 1 and 2 on page 5, paragraphs 1 and 2; claim 9 on page 3). Greeve discloses sunflower lecithin may be one of the sources of the phospholipid composition (see Greeves paragraphs 4 and 5 on page 4), which is known to comprise about 2100 mg of phosphotidylcholine in about 15g (see Amazon pages 1, 2, 4 and 5), which meets the phosphatidylcholine content in claim 7.
Regarding claim 5: Greeve discloses the phospholipid composition may comprise a phospholipid compound (e.g., phosphatidylcholine) and an anionic phospholipid compound (e.g., PMPG) or any combination thereof (see Greeve claim 9 on page 3), which encompasses the claimed ratio.
Regarding claim 23: Greeve discloses autoclaving the resulting composition (see Greeve paragraph 1 on page 14; Embodiments section on page 17).
Response to Arguments
Applicant’s arguments with regards to Lekithos publication date, see “Remarks”, filed on May 4th 2026, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made under 35 USC §103 over Greeve in view of Amazon (see discussion, above).
Applicant argues the prior art references fail to render the claimed invention obvious, because neither Greeve, nor Lekithos disclose using less than 0.1% chlorogenic acids. The examiner respectfully disagrees.
To clarify, given the fact Greeve and Lekithos fail to disclose chlorogenic acids, Greeve and/or Lekithos meet claim 21: “…less than 0.1% chlorogenic acids…”, as the claim does not require chlorogenic acids be present, only that they are present at less than 0.1wt%, which reads on 0%.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASSAF ZILBERING whose telephone number is (571)270-3029. The examiner can normally be reached M-F 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Erik Kashnikow can be reached at (571) 270-3475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ASSAF ZILBERING/Examiner, Art Unit 1792
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