tiDETAILED ACTION
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 of Group I in the reply filed on 11/12/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Examiner’s Note
On 11/12/2025 Applicant filed a copy of the restriction requirement for this application.
In the future, please do not send copies of Office Actions that are sent by the USPTO to Applicant. These Office Actions are already in the file and these additional copies cloud the record.
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Drawings
The drawings are objected to because Figure 4 is blurry.
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Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Abstract
The abstract of the disclosure is objected to because there is an extraneous marking at line 4 and the phrase “CO2” is used at line 5 instead of “CO2”.
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A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Specification
The disclosure is objected to because of the following informalities: the phrases “CO2” and Co2 are used in paragraphs 5, 45 and 59 instead of “CO2”.
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Appropriate correction is required.
Claim Objections
Claim 1 is objected to because of the following informalities: there are extraneous marking at line 5. Appropriate correction is required.
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Claim 1 is objected to because of the following informalities: the phrase “CO2” at line 6 is used instead of “CO2”. Appropriate correction is required.
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Claim 1 is objected to because the limitation "the integration" in line 6 is expressed without earlier stating “integration”. Please correct.
Claim 1 is objected to because the limitation "the medicinal mixture" in line 6 is expressed without earlier stating “medicinal mixture”. Please correct.
Claim 1 is objected to because the limitation "the pharmaceutical solution" in line 7 is expressed without earlier stating “pharmaceutical solution”. Please correct.
The abbreviations “THC, CBD, WPI” in Claim 1, line 10 is objected to. Please setting forth the unabbreviated text in the first instance.
Claim 1 is objected to because the limitation “solution A” in line 12. Applicant is advised to consider stating “the solution A”. Please correct.
Claim 1 is objected to because the limitation “solution B” in line 12. Applicant is advised to consider stating “the solution B”. Please correct.
Claim 1 is objected to because the limitation “the resulting mixture” in line 14 is expressed without earlier stating “resulting mixture”. Please correct.
Claim 1 is objected to because the limitation “the mixture” in line 16 is expressed without earlier stating “mixture”. Please correct.
Claim 1 is objected to because the limitation “solution B” in line 16. Applicant is advised to consider stating “the solution B”. Please correct.
Claim 1 is objected to because the limitation “solution A” in line 16. Applicant is advised to consider stating “the solution A”. Please correct.
Claim 1 is objected to because the limitation “the moment” in line 17 is expressed without earlier stating “moment”. Please correct.
Claim 1 is objected to because the limitation "the stirring" in line 17 is expressed without earlier stating “stirring”. Please correct.
Claim 1 is objected to because the limitation “solution A” in line 18. Applicant is advised to consider stating “the solution A”. Please correct.
Claim 1 is objected to because the limitation “solution B” in line 18. Applicant is advised to consider stating “the solution B”. Please correct.
Claim 1 is objected to because the limitation “the carbon dioxide” in line 20. Applicant is advised to consider earlier stating “carbon dioxide”. Please correct.
Claim 1 is objected to because the limitation “the remainder” in line 20. Applicant is advised to consider earlier stating “remainder”. Please correct.
Claim 1 is objected to because the limitation “solution B” in line 20. Applicant is advised to consider stating “the solution B”. Please correct.
Claim 1 is objected to because the limitation “the solutions A and B” in line 21. Applicant is advised to consider stating “solutions A and B”. Please correct.
Claim 1 is objected to because the limitation “the homogenization” in line 22. Applicant is advised to consider earlier stating “homogenization”. Please correct.
Claim 2 is objected to because the limitation "the active medicinal ingredients" in line 1. Applicant is advised to consider earlier stating “active medicinal ingredients”. Please correct.
Claim 2 is objected to because the limitation "THC" in line 1. Applicant is advised to consider stating “the THC”. Please correct.
Claim 4 is objected to because the limitation "the active medicinal ingredients" in line 1. Applicant is advised to consider earlier stating “active medicinal ingredients”. Please correct.
Claim 8 is objected to because the limitation "THC" in line 1. Applicant is advised to consider stating “the THC”. Please correct.
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 1-8 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.
The phrase “those active ingredients” in Claim 1, line 9 is vague and indefinite as it is unclear what “those” is referring to as two different “active ingredients” are earlier set forth.
The phrase “consisting of but not limited to THC, CBD, WPI, guaranine, ginkgo biloba, ginseng, echinacea, and ascorbic acid (vitamin C)” in Claim 1, lines 9-11 is vague and indefinite as it is unclear what are the limits as the language “consisting of” is closed and the language “but not limited to” is open.
The term “gradually” in claim 1, line 19 is a relative term which renders the claim indefinite. The term “gradually” 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. A person having ordinary skill in the art could interpret a pressure increase as gradual while another could interpret the same increase as not gradual.
The phrase “the mixture” in Claim 1, lines 21-22 is vague and indefinite as it is unclear what “mixture” is referring to as multiple mixtures are earlier set forth.
The phrase “the mixture” in Claim 1, line 23 is vague and indefinite as it is unclear what “mixture” is referring to as multiple mixtures are earlier set forth.
The phrase “45 microns to 150 microns” in Claim 3, lines 1-2 is vague and indefinite as it is unclear whether these dimensions are thickness, length, width or something else.
Clarification and/or correction required.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENT T O'HERN whose telephone number is (571)272-6385. The examiner can normally be reached M-Th 5:00 am - 3:30 pm.
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/BRENT T O'HERN/ Primary Examiner, Art Unit 1793
December 6, 2025