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 .
CONTINUING DATA
This application is a 371 of PCT/GB2022/050956 04/19/2022
FOREIGN APPLICATIONS
UNITED KINGDOM 212105576.9 04/19/2021
Applicant’s election without traverse of Group II, claims 31-32, 34, and 41 in the reply filed on April 9, 2026 is acknowledged.
Claims 1-2, 5, 10, 12, 25-26, 42-43, 45, 47-48, 56, and 66-68 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on April 9, 2026.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 31-32 and 34 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 31 recites ameliorating a SARS-CoV-2 pneumonia, but then further recites that the pneumonia is of bacterial or viral origin. It is unclear whether a SARS-CoV-2 pneumonia is required, or whether any bacterial or viral pneumonia is encompassed by the claim. Claim 32 depends from claim 31 and incorporates the same limitation by reference.
Claim 34 recites a coronavirus such as SARS-COV-2. The phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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) 31-32 and 34 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Coldguard (cited on IDS).
Coldguard teaches that Flavobac Cold & Flu Guard is an oral and nasal barrier against SARS-CoV-2. It is supplied as a spray. Administration of a nasal spray would necessarily result in inhalation to the lung. Flavobac prevents viruses from entering the body and effectively deactivates them, and kills SARS-CoV-2. See page 1.
Amelioration encompasses prophylaxis (see paragraph [0030] of the current specification), so the claims do not require that the subject has SARS-CoV-2 pneumonia or cytokine storm.
Flavobac inherently meets the limitations of the composition recited in the claims because it is the same composition used in the current specification, which contains 52% naringin and 27.8% neohesperidin.
Claim Rejections - 35 USC § 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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 31-32, 34, and 41 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coldguard (cited on IDS) in view of Flavobac (internet article, https://web.archive.org/web/20201201013909/https://www.oralscience.ca/fr/ingredients/flavobac/, dated December 2020), and Dabaghian (cited on IDS).
Coldguard teaches that Flavobac Cold & Flu Guard is an oral and nasal barrier against SARS-CoV-2. It is supplied as a spray. Administration of a nasal spray would necessarily result in inhalation to the lung. Flavobac prevents viruses from entering the body and effectively deactivates them, and kills SARS-CoV-2. See page 1.
Flavobac is used to kill and prevent viruses from entering the body. Coldguard does not teach administration of Flavobac to a subject suffering from SARS-CoV-2 pneumonia, a cytokine storm caused by infection by a coronavirus, or a subject having a SARS-CoV-2 infection wherein active viremia has been brought under control.
Flavobac teaches that the main components of Flavobac are naringin and neohesperidin. Page 2.
Dabaghian teaches that naringin and neohesperidin may be used to manage and prevent COVID-19. See all four paragraphs.
It would have been obvious to one of ordinary skill in the art at the time the application was filed to administer Flavobac to a patient suffering from SARS-CoV-2 in order to manage the infection because Flavobac kills SARS-CoV-2. Furthermore, the main components of Flavobac are taught to not only prevent, but to manage COVID-19, so the skilled artisan would have had a reasonable expectation of success. It would have been obvious to one of ordinary skill in the art to administer Flavobac after the onset of symptoms in order to manage the condition as suggested by the cited references.
Amelioration encompasses prophylaxis (see paragraph [0030] of the current specification), so the claims do not require that the subject has pneumonia or is experiencing a cytokine storm or has adverse effects of an infection.
Flavobac inherently meets the limitations of the composition recited in the claims because it is the same composition used in the current specification, which contains 52% naringin and 27.8% neohesperidin.
Conclusion
No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAYLA D BERRY whose telephone number is (571)272-9572. The examiner can normally be reached 7:00-3:00 CST, M-F.
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/LAYLA D BERRY/Primary Examiner, Art Unit 1693
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