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 .
DETAILED ACTION
Election/Restrictions
Claims 47-72 are pending.
Applicant’s election of Group II, claims 55-57, and 67-72, in the reply filed on 1/14/26 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 § 818.03(a)).
Claims 47-54, and 58-66 are withdrawn.
Claims 55-57, and 67-72 are examined on the merits.
Claim Objections
Claim 72 is objected to because of the following informalities: Claim 72 recites “PPG” at line 4, which is incorrect. The full chemical name should be spelled out the first time a abbreviation appears in the claim.
Claims 68, 69 and 71 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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.
Claims 55-57, 67, 70, and 72 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Heok et al (KR 102408401 B1).
Heok et al teach a composition comprising kangaroo paw extract 0.4 party by weight, colostrum powder 0.1 part by weight (thus a ferment; see below for explanation), palmitoyl tripeptide-1 0.007 part by weight (thus one or more peptide, thus claim 70 is met) , 0.003 part by weight of sodium hyaluronate, 0.003 part by weight of hydrolyzed hyaluronic acid (thus a hyaluronic acid system comprising a plurality of hyaluronic acid), 0.5 part by weight of glycerin (thus claim 72 is met, thus a humectant) [0172].
Heok et al teach a kangaroo claw flower extract is prepared by extracting the flowers of kangaroo claws [0103] (thus claim 57 is met).
Heok et al teach a fermented solution containing culture medium and lactic acid bacteria (thus claim 67 is met) can be mixed with the enzyme-decomposed bovine colostrum [0143]. The fermented colostrum can be filtered to remove impurities, freeze-dried, and then pulverized to produce colostrum powder [0148] (thus a ferment, thus claim 67 us net).
Therefore, the reference is deemed to anticipate the instant claim above.
Conclusion
No claim is allowed.
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/Qiuwen Mi/
Primary Examiner, Art Unit 1655