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 .
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, 5, 10, 12-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Delbo (CN107365629).
Delbo teaches “dental care products, concretely relate to a kind of spearmint oil bay extract essense and preparation method thereof, and the preparation method that essence is applied in toothpaste” (Abstract).
The prior art teaches a specific embodiment of a toothpaste composition comprising 2.20% “Spearmint oil bay extract essence” (Embodiment I at p. 14 of translation), wherein the “bay extract” is from “(Laurus nobilis) Lauraceae Laurus” (12th page of Translation at 5th paragraph).
Delbo further teaches, “Laurin oil is from bay tree (Laurus Nobilis) extract, belong to Lauraceae bay” and “can be used for treating rheumatism, neuralgia, muscle Bitterly, the circulatory system is smooth, flu, influenza, various focusing depths represented, skin infection, diarrhoea, it is also beneficial for hair restoration and health-care Place, smell are sweet tea, pure and fresh, slightly pungent taste” (Id.)
The prior art is anticipatory insofar as it teaches a composition comprising bay tree (Laurus nobilis L.) extract as active ingredient.
Technological Background
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure Chauhan (Planet Ayurveda_2019). Chauhan is pertinent for teaching uses, benefits, dosages of the bay leaf (Laurus nobilis) extract (p. 2, para. [0019]).
Conclusion
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/WALTER E WEBB/ Primary Examiner Art Unit 1612
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