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 .
Status of the Claims
Claims 1-6 were originally filed August 21, 2023.
Claims 1-6 are currently pending.
Claims 1-3 are currently under consideration.
Election/Restrictions
Applicant’s election without traverse of human, treating ALS, a plant extract obtained from Lycium barbarum using a “specific method” which is a mixture and inseparable, a dosage of 20 mg/kg, deionized water, and extracting to obtain Lycium barbarum glycopeptide comprising soaking the fruits of wolfberry in deionized water as the species in the reply filed on March 28, 2026 is acknowledged.
Please note: human, a plant extract obtained from Lycium barbarum using a “specific method” which is a mixture and inseparable, deionized water, and extracting to obtain Lycium barbarum glycopeptide comprising soaking the fruits of wolfberry in deionized water are not part of the present claims and, therefore, are not required for any rejection of record.
Claims 4-6 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on March 28, 2026.
Priority
The present application claims status as a CIP of PCT/CN2022/112447 filed August 15, 2022 which claims foreign priority to China 202111047838.02 filed September 8, 2021.
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. PCT/CN2022/112447 and a translation was not provided, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. The examiner of record can not determine the priority of the present claims until PCT/CN2022/112447 and a translation are provided. This is particularly important since the present application is stated as being a CIP (i.e. priority chain is not necessarily continuous with the breadth of the present claims).
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in China on September 8, 2021. It is noted, however, that applicant has not filed a certified copy of the China 202111047838.2 application as required by 37 CFR 1.55.
Applicant cannot rely upon the certified copy of the foreign priority application to overcome any rejection of record because a translation of said application has not been made of record in accordance with 37 CFR 1.55. When an English language translation of a non-English language foreign application is required, the translation must be that of the certified copy (of the foreign application as filed) submitted together with a statement that the translation of the certified copy is accurate. See MPEP §§ 215 and 216.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on August 21, 2023 is being considered by the examiner.
Claim Objections
Claim 2 is objected to because of the following informalities: an active, positive method step should be utilized (i.e. wherein administering the Lycium barbarum glycopeptide is at a dosage). Appropriate correction is required.
Claim 3 is objected to because of the following informalities: an active, positive method step should be utilized (i.e. wherein administering the Lycium barbarum glycopeptide is at a dosage). Appropriate correction is required.
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 1-3 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a Lycium barbarum glycopeptide composition (i.e. naturally occurring goji berry) without significantly more. The claims recite administering a Lycium barbarum glycopeptide composition (i.e. naturally occurring goji berry). This judicial exception is not integrated into a practical application because the claims amount to stating “apply it” regarding a Lycium barbarum glycopeptide composition (i.e. naturally occurring goji berry). The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because only a Lycium barbarum glycopeptide composition (i.e. naturally occurring goji berry) is administered.
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.
Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baek et al. KR 10-2019-0083962 published July 15, 2019.
For present claims 1-3, Baek et al. teach a method of administering a goji berry extract (i.e. a Lycium barbarum glycopeptide composition) to a subject with Lou Gehrig’s disease (i.e. amyotrophic lateral sclerosis (ALS)) at 0.0001 to 2000 mg/kg per day (please refer to the entire specification particularly the abstract and pages 3-13).
Therefore, the teachings of Baek et al. anticipate the presently claimed method.
Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baek et al. U.S. Patent Application Publication 2020/0384057 published December 10, 2020 (see also PCT/KR2018/004917 filed April 27, 2018 and published as WO 2019/135450 on July 11, 2019 and KR 10-2018-0001904 published January 5, 2018).
For present claims 1-3, Baek et al. teach methods of administering a goji berry extract (i.e. a Lycium barbarum glycopeptide composition) to a subject with amyotrophic lateral sclerosis (ALS) at 1 mg/ml to 10 mg/ml or 0.0001 to 2000 mg/kg per day (please refer to the entire specification particularly the abstract; paragraphs 1, 3,-5, 7, 8, 12-14, 17-21, 25, 28, 29, 34-38, 43, 51, 54, 55, 62, 63, 65-72, 79, 80, 83, 84; Examples; claims).
Therefore, the teachings of Baek et al. anticipate the presently claimed method.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yu et al., 2005, Neuroprotective effects of anti-aging oriental medicine Lycium barbarum against b-amyloid peptide neurotoxicity, Experimental Gerontology, 40: 716-727.
Ho et al., 2007, Characterizing the neuroprotective effects of alkaline extract of Lycium barbarum on beta-amyloid peptide neurotoxicity, Brain Research, 1158: 123-134.
Future Communications
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMBER D STEELE whose telephone number is (571)272-5538. The examiner can normally be reached M-F 8-5.
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/AMBER D STEELE/Primary Examiner, Art Unit 1658
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