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 Group I, claim(s) 1-6 in the reply filed on February 13, 2026 is acknowledged.
Claim(s) 7-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim(s) 1-6 are examined on the merits.
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) 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jeong Hee (KR 20140000627 A – English translation provided).
Regarding claim(s) 1-6, the Jeong Hee reference teaches a composition that comprises the extract of Poncirus trifoliata ([e.g. Ponciri Fructus]) (abstract and claim 6). Jeong Hee teaches an immature fruit of Korean fruit (Poncirus trifoliate) (claim 5). Jeong Hee teaches the fruit ([e.g. Poncirus trifoliata]) is extracted with ethanol (page 4, ‘Experimental example 2-4’). Jeong Hee teaches treating myotonic dystrophy ([a type of muscular dystrophy]) (page 2, under ‘Background Art’ and claim 7).
The reference does not specifically teach that administering the composition has the same effects on gene expression as claimed by applicant in claims 3 and 4 of the present invention. However, the ingestion of the extract would inherently increase the expression of the genes listed within claims 3 (Myf5, Myf6, Myod, and/or Myog) and 4 (Ppard or Pgc1a).
Conclusion
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NASHARA L MOREAUExaminer, Art Unit 1655
/SUSAN HOFFMAN/Primary Examiner, Art Unit 1655
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