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 .
Application Status
Amended claim 3-21 and new claim 22 are under examination.
Claim 1 and 2 are cancelled.
Withdrawn Rejections
The claim objection set forth in previous office action has been withdrawn in light of Applicant’s amendment.
The 112, second paragraph rejection over claim 8-12, 19, 20 and 21 as set forth in previous office action has been withdrawn in light of Applicant’s amendment.
The 35 U.S.C. 102(a)(2) rejection over claim 1-10 as being anticipated by Cave et al. (US 2022/0175719 A1) have been withdrawn in light of Applicant’s amendments.
The 35 U.S.C. 103 rejection over claim 11 as being unpatentable over Cave et al. (US 2022/0175719 A1) as applied to claim 2 above, and further in view of Healthline (Ref. U) have been withdrawn in light of Applicant’s amendments.
The 35 U.S.C. 103 rejection over claim 12-21 as being unpatentable over Cave et al. (US 2022/0175719 A1) in view of Healthline (Ref. U) have been withdrawn in light of Applicant’s amendments.
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.
Claim(s) 3-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mohamed et al. (WO 2021/099965 A1).
Regarding claim 7, 8, 9, 11, 12, 13, 18, 20, 22, Mohamed et al. (Mohamed) discloses an alkaline beverage (composition) (‘965, pg. 3, ln. 12-13; pg. 4, ln. 8-11) comprising CBD and THC as dissolvable agents (‘965, Abstract; pg. 7, ln. 12-14), stable alkaline water (liquid) with a pH ranging from 8-10.5 (965, pg. 5, 1-17) and buffers including combination of citric acid (acid); and potassium carbonate, sodium bicarbonate, and sodium carbonate (bases) (‘965, pg. 7, ln. 7-9). Mohamed teaches the alkaline beverage (composition) remains alkaline (‘965, pg. 3, ln. 12-16), wherein the stable alkaline water (liquid) the pH ranging from 8-10.5 (965, pg. 5, 1-17) is in range with the cited range of claim 7, 11, 12 and 18.
Regarding claim 3 and 14, Mohamed discloses the alkaline beverage (composition) (‘965, pg. 3, ln. 12-13; pg. 4, ln. 8-11) comprising the CBD in an amount of 10 mg (‘965, pg. 11, ln. 17-19), which is in range with the cited range.
Regarding claim 5 and 16, Mohamed discloses flavorings (flavorants) (‘965, pg. 6, ln. 1-4) including jasmine tea (‘965, pg. 7, ln. 21) wherein the jasmine tea is known to contain terpenes.
Regarding claim 6 and 17, Mohamed discloses sweeteners (‘965, pg. 6, ln. 3-4).
Regarding claim 10 and 21, Mohamed discloses the alkaline beverage (composition) (‘965, pg. 3, ln. 12-13; pg. 4, ln. 8-11) comprising the CBD in an amount of 10 mg (‘965, pg. 11, ln. 17-19), which is in range with the cited range. Mohamed discloses flavorings (flavorants) (‘965, pg. 6, ln. 1-4) including jasmine tea (‘965, pg. 7, ln. 21) wherein the jasmine tea is known to contain terpenes.
Mohamed teaches the alkaline beverage (composition) remains alkaline (‘965, pg. 3, ln. 12-16), wherein the stable alkaline water (liquid) the pH ranging from 8-10.5 (965, pg. 5, 1-17) is in range with the cited range of claim 10. Mohamed’s alkaline beverage (composition) (‘965, pg. 3, ln. 12-13; pg. 4, ln. 8-11) comprising CBD and THC as the dissolvable agents (‘965, Abstract; pg. 7, ln. 12-14), the stable alkaline water (liquid) with the pH ranging from 8-10.5 (965, pg. 5, 1-17) and the buffers including the combination of citric acid (acid); and potassium carbonate, sodium bicarbonate, and sodium carbonate (bases) (‘965, pg. 7, ln. 7-9).
Response to Arguments
Applicant’s arguments with respect to claim(s) 3-21 and new claim 22 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cheekoori (CA 3050473) discloses an aqueous alkaline composition comprising cannabinoid, CBD with a pH range between 7.5 to 9.5 (Abstract, pg. 6, [0018], paragraph 1-3), with alkalizing agents (pg. 5, [0018], paragraph 2). Cheekoori is silent on the bases and acids.
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 HONG THI YOO whose telephone number is (571)270-7093. The examiner can normally be reached M-F, 7AM to 3PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ERIK KASHNIKOW can be reached at (571)270-3475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HONG T YOO/Primary Examiner, Art Unit 1792
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