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 .
Claims 1-20 are pending.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 14-17 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because use of something is not one of the four patentable categories. The examiner would favorably consider amending the claims to recite phrases like “the method of assisting in promoting sleep …”
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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN114869908 (‘908), from IDS filed 8/7/2023, English machine translation will be provided.
‘908 teaches a composition for assisting in promoting sleep comprising “small molecular group water comprises 100-200 parts by weight, the melatonin comprises 1-3 parts by weight, the sodium copper chlorophyllin salt comprises 15-25 parts by weight, the tea polyphenol comprises 20-40 parts by weight, and the nano titanium dioxide comprises 0.1-0.2 part by weight” (see claim 2). ‘908 further define the composition having specific amount of the small molecular group water in 150 parts by weight, the melatonin of 2 parts by weight, the sodium copper chlorophyllin in 20 parts by weight, the tea polyphenol in 30 parts by weight, and the nano titanium dioxide in 0.15 part by weight (see claim 3). ‘908 teaches the composition can be formulated as oral solution or a spray (see claims 4 and 5). ‘908 teaches the method of how to prepare the composition by dissolving the nano-titanium into one portions of water and then washed the stirring rod and adding to the mixture, melationin, and the rinse the stirring rod, then sodium copper chlorophyllin and tea polyphenol were added. And finally rinse the water with the final portion of water and the mixture was put into a oscillator to arrive at the final composition (see examples 1-5). ‘908 teaches the ratio of the water used to mix the ingredients and the ingredients (see Examples 1-5). ‘908 also teaches the use of diazepam with the composition to promoting sleep (see Test Examples, Run group 3-5).
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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