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 invention group I, claims 1-2, in the reply filed on 10/08/2025 is acknowledged. The traversal is on the ground(s) that there is no burden to search and examine all invention groups together. This is not found persuasive because there is indeed burden to search and examine all invention groups together.
The requirement is still deemed proper and is therefore made FINAL.
Claims 3-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 10/08/2025.
Claims 1-15 are pending, claims 1-2 are under examination.
Priority
Acknowledge is made that this application is national stage of international patent application PCT/US2021/064340, filed on 12/20/2021, which claims priority from US provisional application 63/128904, filed on 12/22/2020.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/16/2023 is being considered by the examiner.
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 1-2 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claim(s) recite(s) a mixture of vitamin C, Vitamin E, selenium and lycopene which is a natural phenomenon. This judicial exception is not integrated into a practical application because each of vitamin C, Vitamin E, selenium and lycopene in the mixture is not markedly different from its natural occurring counterpart because there is no indication that each ingredient has any characteristics that are different from the naturally occurring ingredient. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claim does not recite any additional elements.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2 are rejected under 35 U.S.C. 102(a)(1) & (a)(2) as being anticipated by Gharagozloo (US9943543).
The limitation of claims 1-2 are met by Gharagozloo disclosing an oral combination comprising Vitamin C, Vitamin E, selenium and lycopene (claim 1).
Claim(s) 1-2 are rejected under 35 U.S.C. 102(a)(1) & (a)(2) as being anticipated by Papas (US20190281876).
The limitation of claims 1-2 are met by Papas disclosing an oral dosage comprising Vitamin C, Vitamin E, selenium and lycopene (claims 15-16).
Conclusion
No claim is allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIANFENG SONG. Ph.D. whose telephone number is (571)270-1978. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian-Yong Kwon can be reached at (571)272-0581. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JIANFENG SONG/ Primary Examiner, Art Unit 1613
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