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 .
Applicants' arguments, filed 12/29/2025, have been fully considered. Rejections and/or objections not reiterated from previous office actions are hereby withdrawn. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 8-12, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yo-Ichi et al (WO 2018066707 A1).
Yo-Ichi et al discloses administration of 6-methylthiohexyl isothiocyanate as a soft tissue calcification inhibitor (claims 3 and 5) when tested on mice (working embodiments).
Note, the claims are directed to a composition, therefore the intended uses of the claims are met where the composition has the same active instantly claimed.
With regards to claim 12 and 16, it appears the method simply requires administration to the oral cavity, and the treatment is inherent where the active is in the saliva. As such, administration in the working embodiments appears to read on the claims.
Claim Rejections - 35 USC § 103
Claims 1, 4-12, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Yo-Ichi et al (WO 2018066707 A1).
Yo-Ichi et al is discussed above and further teaches administration in a gum base, as tablet, or as a liquid. The amount of ω-methylsulfinylalkylisothiocyanate cab include form 0.1 to 100mg and administered in amounts from 0.05 to 0.3g per day (English Translation).
It would have been obvious to administer the active claimed in the reference using the known forms, as taught by the reference. Further, based on the form of delivery, it would have been obvious to vary the amount of active.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN J PACKARD whose telephone number is (571)270-3440. The examiner can normally be reached Mon 2-6pm and Tues-Fri 9:30am-6:30pm + mid-day flex.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sahana S. Kaup can be reached at (571) 272-6897. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BENJAMIN J PACKARD/ Primary Examiner, Art Unit 1612
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