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 .
Election/Restrictions
Applicant's election with traverse of the invention of group II, claims 13, 17-18, in the reply filed on 1/2/2026 is acknowledged. The traversal is on the ground(s) that no serious burden would be imposed to the examiner. This is not found persuasive because searching for different and distinct patentable subject matters encompassed by the claims does impose undue burden to the examiner. As the scope of the patentably distinct invention not necessarily being overlapped, searching for one invention would may not be searching for other inventions. In addition, searching is not limited to patent files. Accordingly, it imposes undue burden to the examiner.
The requirement is still deemed proper and is therefore made FINAL.
Claims 1-12 and 14-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 1/2/2026.
Claim Rejections - 35 USC § 102
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.
Claim(s) 13, 17-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shinichi et al. (JP2007063161), from IDS filed 4/6/2023.
Shinichi et al. teaches the use of the hydrophobic extract of licorice to treat diseases caused by the expression of the acute phase reactant (see the abstract). Shinichi et al. teaches the hydrophobic extract of licorice containing flavonoids such as glabrene, glabridin, glabrol, and 4’-O-methylglabridin (see [0040]). Shinichi et al. teaches the dosage to be 0.1 to 100/kg body weight (see [0045], last paragraph).
The preventive properties of the licorice extract composition would be considered inherently present in the method of administering the composition containing hydrophobic extract of licorice.
No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAN MING R HUI whose telephone number is (571)272-0626. The examiner can normally be reached Mon - Fri 9:30-5:30.
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/SAN MING R HUI/Primary Examiner, Art Unit 1627
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