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 of Group II, claims 3-10, in the reply filed on February 4, 2026 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)).
Claims 3-10 are examined on the merits.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim(s) 7-10 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claims 7-8 states that “the plant extract comprises an extract of the tea leaves, an extract of the lotus leaves, an extract of the Galla chinensis, an extract of the Stevia rebaudiana, an extract of the Cyclocarya paliurus, an extract of the Gynura divaricata, an extract of the Taraxacum mongolicum and an extract of the Solamum lycopersicum.” Claims 3 and 4 are drawn to producing an extract from each of the aforementioned above ingredients. Thus, claims 7-8 does not require any further limitations to claims 3 and 4.
Claims 9-10 states that “the plant extract comprises an extract of the tea leaves, an extract of the lotus leaves, an extract of the Galla chinensis, an extract of the Stevia rebaudiana, an extract of the Cyclocarya paliurus, an extract of the Gynura divaricata, an extract of the Taraxacum mongolicum and an extract of the Solamum lycopersicum.” Claims 5 and 6 depend on claims 3 and 4, in which, claims 3 and 4 are drawn to producing an extract from each of the aforementioned above ingredients and claims 5 and 6 use the method of extraction from claims 3 and 4 to produce the ratio of the crushed mixture to the sodium carbonate. Thus, claims 9-10 does not require any further limitations to claims 5 and 6.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claim(s) 3-6 are allowed due to no prior art being available that explicitly discusses the method of using eight natural ingredients (e.g. tea leaves, lotus leaves, Galla chinensis, Stevia rebaudiana, Cyclocarya paliurus, Gymra divaricata, Taraxacum mongolicum and Solanum lycopersicum) to create a medicine for topical wound treatment as stated within the claims of the present invention. The closest prior art for allowance is a Method For Preparing Hair Growth Agent, And Composition Prepared By Said Method by Honda (TW 201338789 A – English translation provided). The Honda reference teaches a method for creating a hair growth agent composition (abstract) that can include the extracts of lotus leaf, Camellia sinensis (e.g. tea leaves), Galla chinensis, stevia (e.g. Stevia rebaudiana) and tomato (e.g. Solanum lycopersicum) (pages 8-14). The reference does not teach the method of crushing and combining the ingredients altogether, wrapping the ingredients within a gauze, then adding sodium carbonate (NaCO3), then taking the mixture and subjecting it to an ethanol extraction and performing multiple levels of fluid extraction, then distillation and finally, freeze drying to obtain the mixture within a powder form. The Honda reference doesn’t anticipate the claimed invention because it does not reference no more than five ingredients from the claimed invention and references a large magnitude of non-claimed ingredients that can be used within the composition for promoting hair growth. The Honda prior art reference doesn’t provide sufficient evidence to arrive at the claimed invention of a preparation method of using plant extracts to create a medicine for topical wound treatment. It is the language found within the claims of the present invention, which has not been found, taught, or suggested by the prior art of record.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nashara L Moreau whose telephone number is (571)272-5804. The examiner can normally be reached Monday - Thursday, 8 AM - 4 PM ET.
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NASHARA L MOREAUExaminer, Art Unit 1655
/SUSAN HOFFMAN/Primary Examiner, Art Unit 1655