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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on December 8, 2025 has been entered.
Status of Application
Receipt of Applicant’s remarks and amended claims filed on December 8, 2025 is acknowledged.
Claims 2-20 and 23-26 are pending in this application.
Claims 2-20 have been amended.
Claims 1 and 21-22 have been cancelled.
Claims 23-26 are new.
All pending claims are under examination in this application.
Withdrawn Rejections
Claim Rejections - 35 USC § 103
The rejection of claims 1-4 and 6-22 under 35 U.S.C. 103 as being unpatentable over Mandel et al. (US 2019/0060225) in view of Werner et al. (US 2004/0138293) has been withdrawn in view of the amendment the claims to recite a method of treatment and to limit the patient population from mammals to companion animals, zoo animals, and farm animals.
The rejection of claim 5 under 35 U.S.C. 103 as being unpatentable over Mandel et al. (US 2019/0060225) in view of Werner et al. (US 2004/0138293) as applied to claim 1-4 and 6-22 above, and further in view of Fisar (Inhibition of monoamine oxidase activity by cannabinoids, Naunyn Schmiedebergs Arch Pharmacol, 2010 June; 381(6):563-72) has been withdrawn in view of the amendment the claims to recite a method of treatment and to limit the patient population from mammals to companion animals, zoo animals, and farm animals.
Newly Applied Rejections
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 2 and 5 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.
Regarding claim 2, the claim recites (a) and (b) are dispersed in carrier or matrix material of the composition, however, it is unclear where (i) and (c) are therefore located. The claim has been amended to depend from claim 20 which recites (i) and (ii) are dispersed in (iii) when present.
Regarding claim 5, the claim recites “further comprising a non-prescription active agent from the following subclass: a)monoamine metabolizer. However, it is unclear if this is in addition to the component a) amino acid based ingredients having central nervous system effects or if this is serving to limit scope of component a) already recited in claim 20.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 4-19 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Regarding claim 4, the claim has been amended to depend from claim 20. Claim 20 recites for part (ii) components a-c are present. Therefore, the claim does not further limit since all components would be present.
Regarding claim 11, claim 20, from which this claim depends, recites a non-psychoactive composition. Therefore, it would flow naturally that all components contained in the composition are therefore non-psychoactive.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 3, 20, and 23-26 are allowed. The closest prior art is that of Mandel et al. (US 2019/0060225) which is discussed in the previous office action. The claims have been amended to limit the patient population from mammals to companion animals, zoo animals, and farm animals.
Claims 2 and 4-19 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MELISSA S MERCIER whose telephone number is (571)272-9039. The examiner can normally be reached M-F 6:30 am to 4 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert A Wax can be reached on 571-272-0623. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MELISSA S MERCIER/ Primary Examiner, Art Unit 1615
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