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
STATUS OF THE CLAIMS: Claims 1-15 are pending in this application.
Information Disclosure Statement
Examiner notes that IDS was not filed with this application. Examiner suggests
filing an IDS.
Election/Restrictions
Applicant’s election of species in the reply filed on September 20, 2022 is acknowledged. All claims will be fully examined in its entirety.
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 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Ey Al et al. (WO2017/072704) in view of Humphreys et al. (WO2016/092376).
Applicants claim a homogeneous cannabis plant material composition and the method for producing a homogeneous cannabis plant material composition having selected THC and cannabidiol concentration.
Ey Al discloses homogeneous cannabis plant material compositions and methods for producing a homogeneous cannabis plant material composition having selected THC and cannabidiol concentration. (See Abstract, pages 1-3 and 19-20, Tables 1-3 and Examples).
Ey Al does not explicitly disclose an at least 70 wt% of the comminuted cannabis plant material is of a size greater than 0.3 mm and less than 4.2mm, the homogenous composition contains a THC concentration in a 1 gram fraction of the at least 10 gram sample within 15% of the cannabidiol concentration in a separate 1 gram fraction of said at least 10 gram sample when separated, and that the homogenous composition, when separated into at least a 10 gram sample, contains a cannabidiol concentration in a 1 gram fraction of the at least 10 gram sample within 15% of the cannabidiol concentration in a separate 1 gram fraction of said at least 10 gram sample.
Humphreys discloses homogeneous cannabis plant material compositions and methods for producing a homogeneous cannabis plant material composition having selected THC and cannabidiol concentration wherein the extract comprises at least one compound selected from a member of the THC and CBD. Humphreys also teaches that the comminuted cannabis plant material is of a size greater than 0.3mm and less than 4.2mm. (See Abstract and pages 15-53, Examples, Tables 1-2 and pages 66-72).
It would have been obvious to one having ordinary skill in the art at the time of the invention to combine the comminuted cannabis plant material of a size greater than 0.3 millimeter and less than 4.2 mm as taught by Humphreys with the teaching of Ey Al because both teachings are directed toward a homogeneous comminuted cannabis plant material composition comprising TCH and a cannabidiol. Further, based on the combined teachings, it would have been obvious to one of ordinary skill in the art to include the homogeneous composition, when separated into a least a 10 gram sample, contains a TCH concentration in a 1 gram fraction of the at least 10 gram sample within 15% of the THC in a separate 1 gram fraction of said at least 10 gram sample, and the at least 10 gram sample within 15% of the cannabidiol concentration in a separate 1 gram fraction of said at least 10 gram sample, in order to provide a therapeutic composition of enhanced efficacy. One skilled in the art looking for an alternative therapeutic cannabis composition of enhanced efficacy would combine the teachings of Ey Al and Humphreys. All of the moieties are taught in the art. Therefore, one of ordinary skill in the art, confronted with looking for an alternative therapeutic cannabis composition of enhanced efficacy would combine the teachings of Ey Al and Humphreys. See In re Payne, 203 USPQ 245(CCPA 1979).
Since Applicant’s claims are prima facie obvious in view of the teachings of Ey Al and Humphreys, Applicant’s claims are obvious, and therefore, rejected under 35 U.S.C. 103.
Conclusion
Claims 1-15 are pending in this application. Claims 1-15 are rejected. No claims are allowed.
Again, Examiner notes that IDS was not filed with this application. Examiner
suggests filing an IDS.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL V WARD whose telephone number is (571)272-2909. The examiner can normally be reached M-F 9am to 5pm.
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/PAUL V WARD/ Primary Examiner, Art Unit 1622
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