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 without traverse of claim 29 in the reply filed on 1/28/2026 is acknowledged.
Claims 1-4 and 14-28 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 1/28/2026.
Priority
This application is a 371 of PCT/CN2022/117854 (09/08/2022) which claims priority to CN202111202516.0 (10/15/2021) as reflected in the filing receipt issued on 6/27/2024.
The certified copy of the foreign priority document is not in English. Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
Failure to provide a certified translation may result in no benefit being accorded for the non-English application.
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.
Claim 29 is 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 29 is directed to a method for improving and treating leukotrichia and/or alopecia, but does not set forth any active method steps for how the process is practiced. “Using” is a broad term that encompasses many possible methods of improving or treating leukotrichia and alopecia. For this reason, it is unclear how the claimed method is to be performed, rendering the claim indefinite. Applicant is directed to MPEP § 2173.05(q).
Additionally, the term “improving” in claim 29 is a relative term which renders the claim indefinite. The term “improving” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Improving is not defined in the disclosure to provide an objective measure of how improvement is assessed, or a threshold for what is considered improving versus not improving.
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.
Claim 29 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claims do not fall within at least one of the four categories of patent eligible subject matter because claim 29 is directed to a method of improving and treating alopecia and/or leukotrichia, but does not set forth any active method steps for how the process is practiced. The claim recites “using glucoraphanin and myrosinase”, however, this is a use with no active, positive steps delimiting how the use is actually practiced, and is not a proper process claim. See MPEP § 2173.05(q).
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 29 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Deleyrolle et al., US 2018/0133194 A1.
Regarding claim 29, Deleyrolle teaches administering compounds for treatment of inflammatory diseases by administering to a subject a composition comprising one or more compounds including glucoraphanin (GRP) (p. 1 para. 3; pp. 9-10 claims 1-2). Deleyrolle teaches that inflammatory diseases treated with the compositions include autoimmune diseases including alopecia (p. 4 para. 38; p. 10 claims 4-5). Deleyrolle teaches that hydrolysis of GRP requires the activity of myrosinase enzymes (p. 3 para. 20). Deleyrolle teaches administering GRP to a subject being treated, and that GRP is subsequently metabolized by myrosinase (p. 3 para. 29). Therefore, Deleyrolle teaches a method for improving and treating alopecia using glucoraphanin and myrosinase.
Conclusion
Claim 29 is rejected. No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILY F EIX whose telephone number is (571)270-0808. The examiner can normally be reached M-F 8am-5pm ET.
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, Sharmila Landau can be reached at (571)272-0614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/EMILY F EIX/Examiner, Art Unit 1653
/SHARMILA G LANDAU/Supervisory Patent Examiner, Art Unit 1653