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
This is a response to Applicant’s communication filed on June 9, 2026. Application No. 18/030,336, is a 371 of PCT/GB2021/052602, filed October 7, 2021, and claims foreign priority to United Kingdom applications Nos. UNITED KINGDOM 2015926.5, filed October 7, 2020; and UNITED KINGDOM 2016220.2, filed October 13, 2020. In an amendment filed June 9, 2026, Applicant cancelled claim 6. Claim 15 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention.
Claims 1-5 and 7-14 are examined below.
Rejection Withdrawn
The rejection of claims 1-5 and 7-14 under 35 U.S.C. 112(a) because the specification, while being enabling for a non-therapeutic method of reducing the effect of an allergen comprising the step of bringing the allergen into physical contact with an effective amount of cucurbit[4]uril–cucurbit[12]uril or mixture thereof, the specification does not reasonably provide enablement for a non-therapeutic method for eliminating the allergic effect of an allergen comprising bringing the allergen into physical contact with cucurbiturils (generally), a derivative thereof, a variant thereof, etc., is withdrawn in view of Applicant’s June 9, 2026, Amendment & Remarks.
Rejection Maintained
Claim Rejections - 35 USC § 102(a)(1)
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.
The rejection of claims 1-5 and 7-14 under 35 U.S.C. 102(a)(1) as being anticipated by Day et al., U.S. 7,501,523, is maintained for reasons made of record. Applicant argues that the prior art does not disclose a non-therapeutic use of cucurbituril to reduce the allergic effect of an allergen selected from pollen, an insect, a mould (or mold), a non-human mammal, a food and hevea brasiliensis (i.e., the Brazilian rubber tree); or the prior art only discloses the use of cucurbituril to reduce the effect of chemical allergens, which Applicant defines as man-made allergens. Applicant’s argument has been considered and is not persuasive.
Applicant argues that there is no disclosure in the prior art to non-therapeutically use cucurbituril(s) to reduce the effects of the claimed allergens as distinguished from chemical allergens, which Applicant defines as man-made allergens. In this case, the prior art makes no distinction between the allergens as limited in the present invention and those which Applicant suggest are man made allergens. The prior art clearly discloses the “pharmaceutical use” of cucurbiturils in the detoxification of decreasing stomach irritations or the treatment of chemical allergens by encapsulation. See Day et al., ‘523 patent, Col. 25, ln. 45 – Col. 26, ln. 37; see Id., specifically, Col. 26, lns. 15-19. The key element of the prior art disclosure is the encapsulation of unwanted chemical moieties, such as allergens or stomach irritants. The prior art makes no distinction between allergens or chemical allergens as Applicant suggests.
In this case, the allergens limiting the claims of the present invention (i.e., pollen, insect, mold, non-human mammal, food or the Brazilian rubber tree are “chemical” in nature and therefore encompassed by allergens envisioned by the prior art. Notably, the present invention is drawn to the “non-therapeutic” use of cucurbiturils, therefore rendering the allergic effect of reduced allergens, meaningless. Accordingly, as presently construed the prior art reads on the claimed invention.
New Rejection Necessitated by Applicant’s Amendment
Claim Rejections - 35 USC § 102(a)(1)
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.
Claims 1-5 and 7-14 under 35 U.S.C. 102(a)(1) as being anticipated by Zybax Advance, Product Information Guide, (publ’d, November 2020) (hereafter Zybax Advance PI) found on the internet at: https://zybax.co.uk/wp-content/uploads/2023/06/Zybax-Advance-Product-Leaflet.pdf. Zybax Advance PI discloses a non-therapeutic method for reducing- the allergic effect of an allergen comprising the step of bringing the allergen into physical contact with an effective amount of a cucurbituril, a derivative thereof, a variant thereof or a mixture thereof, wherein the allergen originates from a source selected from the group consisting of pollen, an insect, a mould, a non-human mammal, a food and Hevea brasiliensis. The Zybax Advance PI discloses the following:
Environment-friendly, highly versatile and fast acting. Friendly to humans and pets. Removes tough, lingering and obnoxious malodours by capturing and holding them. Eliminates allergens on contact. So effective it works without the need to mask with fragrance and returns the air to its natural fresh balance.
AqFresh™, based on cucurbiturils, a barrel-shaped molecule that can capture, hold and release molecules. Provides an advance in fragrance longevity, enhancing the perfume. AqFresh™ softly holds fragrance within the cucurbituril barrel, releasing fresh scent when it comes into contact with a malodour; helping to remove malodours from the air and soft furnishings. A truly revolutionary technology, AqFresh™ also helps to remove allergens including dust mite, pollen, cat and dog dander.
Extensively tested on a broad range of odours including urine, faeces, pet smells, cooking and food odours, tobacco, body odour and even suppresses unpleasant odours from chemicals.
(Zybax Advance PI). Accordingly all the elements of the present invention are disclosed in the prior art.
Conclusion
No claims are allowed.
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY R ROZOF whose telephone number is (571)270-5992. The examiner can normally be reached on Monday - Friday, 9:00 a.m. -5:00 p.m..
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew Kosar can be reached on (571) 272-0913. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY R ROZOF/
Primary Examiner, Art Unit 1625
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