DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/18/2026 has been entered.
Response to Amendment
Applicant’s response of 02/13/2026 has been received and entered into the application file. Claims 37-50 and 52-57 are pending in this application.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 37-50 and 52-57 are rejected under 35 U.S.C. 103 as being unpatentable over Weissbach et al. (WO 2006/102439 A2), Kazi et al. (Medicinal, cosmetic, chemical and other applications of borates, Baqai J. Health Sci. 2018) and Scorei et al. (Boron-Containing Compounds as Preventive and Chemotherapeutic Agents for Cancer, Anti-Cancer Agents in Medicinal Chemistry, 2010).
Weissbach discloses compositions comprising sulindac and other oxidating agents that generates reactive oxygen species (ROS), significantly enhancing the killing of cancer cells (Abstract). Cancer refers to all types of cancer or neoplasm or malignant tumors found in mammals ([0058]). The oxidizing agent comprises at least one of sodium peroxyborate tetrahydrate (sodium perborate tetrahydrate) ([0013]). Therapeutic agents can include, for example, chemotherapeutic agents such as cyclophosphamide, taxanes, busulfan, cisplatin, methotrexate, doxorubicin, and others ([0120]). The appropriate doses of chemotherapeutic agents will be generally around those already employed in clinical therapies ([0121]). The composition can contain conventional nontoxic pharmaceutically acceptable carriers, adjuvants, and vehicles as desired ([0138]).
Kazi discloses that boron and its related compounds are found in abundance in nature such as soil, water, and plants. It was later discovered as a useful laboratory and industrial agent along with an effective antiseptic and insecticidal compound. In combination with other compounds, boron complexes showed a positive effect as an anticancer agent (Abstract).
Scorei discloses that boron compounds became increasingly frequent in the chemotherapy for some forms of cancer with high malignancy and inoperable cancers (Abstract). The inhibition of cancer cells by boric acid may involve a diverse cellular target such as direct enzymatic inhibition, apoptosis, receptor binding and mRNA splicing (pages 347-348).
Therefore, it would have been obvious to one of ordinary person in the art before the effective filing date of the claimed invention to have combined a chemotherapeutic drug with boron compounds such as perborate salt for treatment of cancer. This is taking some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention.
Regarding claims 38-39, sodium perborate salt is discussed above.
Regarding claims 40-41, Weissbach discloses lung cancer ([0059]).
Regarding claim 42, Weissbach discloses a composition comprising perborate salt for treatment of cancer as discussed above. One of ordinary skill in the art would expect a composition comprising an oxidizing agent such as perborate salt would help eliminate cancer cells as taught by Weissbach.
Regarding claim 43, sodium perborate salt is discussed above.
Regarding claim 44, sodium perborate tetrahydrate’s formula is NaBO3 * 4 H2O.
Regarding claim 45, chemotherapy agent is discussed above.
Regarding claim 46, perborate salt would generate reactive oxygen species which would enhance the cancer cell elimination as discussed above. Weissbach teaches a method of treating cancer, said method comprising administering to a cancer cell a pharmaceutical composition comprising sulindac and an oxidizing agent ([0026]).
Regarding claim 47, Weissbach discloses that all cancers are included as discussed above.
Regarding claim 48, Weissbach discloses lung cancer ([0059]).
Regarding claim 49, sodium perborate salt is discussed above.
Regarding claim 50, perborate salt formula is discussed above.
Regarding claim 52, the chemotherapy agent is discussed above.
Regarding claim 53, Weissbach discloses a perborate salt composition for treatment of various cancer cells as discussed above. Weissbach teaches a method of treating cancer, said method comprising administering to a cancer cell a pharmaceutical composition comprising sulindac and an oxidizing agent ([0026]).
Regarding claim 54, chemotherapy agent is discussed above.
Regarding claims 55-57, Kazi discloses that boron complexes such as perborate salt has a positive effect as an anticancer agent. Additionally, Weissbach discloses that a pharmaceutical composition comprises doxorubicin and sodium perborate tetrahydrate ([0013]). One of ordinary skill in the art would immediately envisage that perborate salt with another anticancer agent would have a positive effect on cancer cells as taught above.
Response to Arguments
Applicant’s arguments filed 02/13/2026 have been fully considered and new references are incorporated to maintain the rejection.
Applicants have amended claim 1 to a composition consisting of perborate salt or perborate salt and a chemotherapy agent. Scorei discloses that boron compounds became increasingly frequent in the chemotherapy for some forms of cancer with high malignancy and inoperable cancers. Perborate salts are inorganic boron compounds and Weissbach discloses a composition comprising perborate salt for treating cancer. One of ordinary skill in the art would contemplate only boron compounds to be included in a composition for potentially treating cancer. Therefore, claims remain rejected.
Conclusion
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/JOHN SEUNGJAI KWON/Examiner, Art Unit 1615
/Robert A Wax/Supervisory Patent Examiner, Art Unit 1615
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