DETAILED ACTION
Status of Application
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 without traverse of Group I, claims 1-8 and 20, in the reply filed on 12/12/2025 is acknowledged.
The restriction requirement is still deemed proper and is therefore made FINAL.
Claims 9-19 are withdrawn by applicant.
Claims 1-8 and 20 are included in the prosecution.
Claim Rejections – 35 U.S.C. 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-8 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Drennan (US 20210330638 A1).
Regarding claims 1-8 and 20, Drennan is drawn to a therapeutic oil blend comprising: cannabinoid content; and terpene content (claim 69); wherein the cannabinoid is selected from the group consisting of: cannabidiol (CBD), cannabidiolic acid (CBDA), cannabidiol monomethylether (CBDM), cannabidiol-C4 (CBD-C4), cannabidivarinic acid (CBDVA), cannabidivarin (CBDV), cannabidiorcol (CBD-C1), delta 9 tetrayhydrocannabinol (THC), and a combination thereof (claim 75); and 0.01%-5% w/w of a terpene selected from the list consisting of: bisabolol, borneol, caryophyllene, carene, camphene, camphor, cineol, citronellal, eucalyptol, geraniol, guaiol, humulene, isopropyltoluene, isopulegol, linalool, beta-myrcene, nerolidol, ocimene, alpha-pinene, beta-pinene, phytol, pulegone, alpha-terpinene, gamma-terpinene, terpinolene, and thymol (claim 80).
Drennan discloses the therapeutic oil blend comprises about 0.01%-5% w/w of one or more terpenes selected from the list consisting of bisabolol, borneol, caryophyllene, carene, camphene, camphor, cineol, citronellal, eucalyptol, geraniol, guaiol, humulene, isopropyltoluene, isopulegol, linalool, beta-myrcene, nerolidol, ocimene, alpha-pinene, beta-pinene, phytol, pulegone, alpha-terpinene, gamma-terpinene, terpinolene, thymol [0075]. Drennan discloses the formulation is a tincture [0097]. Drennan discloses the formulation comprises a carrier oil [0100]; “carrier oil” is an oil used to dilute, distribute, and generally carry another substance with which it is mixed. Common carrier oils include plant-derived oils, e.g., vegetable oils and nut oils, and MCT oil [0185].
Drennan discloses cannabinoids used in the composition can be derived from hemp e.g., hemp stalk, hemp stem [0227]. Drennan discloses cannabinoid-containing plant extracts may be obtained by various means of extraction. Such means include but are not limited to supercritical or subcritical extraction with CO2, extraction with cold gas [0181].
Drennan does not explicitly disclose each of the components of the formulation in a single embodiment for an anticipation rejection.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Drennan, to arrive at the instant invention.
One of ordinary skill in the art would have been motivated to do so because Drennan discloses all the required components and Drennan discloses therapeutic oil blends comprising one or more cannabinoids and one or more terpenes, wherein the therapeutic oil blends may exhibit increased stability and bioavailability [0002]. Further, one having ordinary still in the art would reasonably expect success in combining prior art elements according to known methods to yield predictable results, see MPEP 2141.
Conclusion
No claims are allowed.
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/QUANGLONG N TRUONG/Examiner, Art Unit 1615