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 .
Applicant’s reply filed on October 20, 2025 has been fully considered.
The previous claim rejection made under 35 U.S.C. 112 (b) has been withdrawn in view of applicant’s amendments made to 16, 18 and 33.
The previous claim rejection made under 35 U.S.C. 102 (a)(1) over Sun et al. (CN 105558244 A) has been withdrawn in view of applicant’s amendment which changes the transitional phrase in claims 15-18 “comprising” to “consisting of”.
The previous claim rejection made under 35 U.S.C. 103 over Sun and further in view of Singh et al. (“A review on multiple potentila of aroid: Amorphophallus paenofiifolius” Int. J. Pharm. Scie Rev. Res., 24 (1) Jan- Feb. 2014, no. 11, 55-60) has been withdrawn for the same reason.
The previous claim rejection made under 35 U.S.C. 103 over Sun and further in view of CN 103054041 A has been withdrawn form the same reason.
Election/Restrictions
In response to the species election dated June 24, 2025, applicant has elected a combination of Abelmoschus esculentus and Withania somnifera in the reply filed on July 25, 2025. Per the claim amendment filed on September 25, 2025, the subject matter of claims 15-19, 25-33 and 35 with respect to the elected species are found to be allowable, and the examiner has extended the search and examination to the remaining species of the present invention, including claims 20-22 and 24.
Claim Rejections - 35 USC § 112
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 20-22 and 24 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.
Claim 20 depends on claim 15 and requires that the composition comprises 33%-67% by weight of each of Abelmoschus esculeuntus and Amorphosphalius extracts. paeoniifolius. Since the base claim specifically limits the composition to consist of at least two herbal extracts from a Markush group, opening the scope of the composition by using the transitional phrase “comprising” in a dependent claim is improper. See also claims 21, 22 and 24. Applicant may cancel the claims, amend the claims to place the claims in proper dependent form, rewrite the claims in independent form, or present a sufficient showing that the dependent claims comply with the statutory requirements.
Conclusion
Claims 15-19, 25-33 and 35 are allowed.
Clams 20-22 and 24 are rejected.
Claim 34 remains withdrawn from consideration.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GINA JUSTICE whose telephone number is (571)272-8605. The examiner can normally be reached M-F 9:00 AM - 5 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BETHANY BARHAM can be reached at 571-272-6175. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/GINA C JUSTICE/Primary Examiner, Art Unit 1617