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 .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 4, 7-9, 33, 39 and 42-46 are rejected under 35 U.S.C. 103 as being unpatentable over Giampapa US 20040001817 A1, in view of Westerlund US 20110293759 A1.
Giampapa teaches a supplement composition comprising: i) vitamins including vitamin A, ii) vitamin C, iii) vitamin D, iv) vitamin E, v) pantothenic acid, vi) calcium, vii) zinc, viii) copper, ix) selenium such as selenomethionine, x) magnesium, xi) potassium. See Abstract, Claims and pages 5-7. The composition further comprises microcrystalline cellulose, croscarmellose sodium, stearic acid, calcium silicate, magnesium stearate, and silica.
Giampapa does not expressly teach trehalose.
Westerlung teaches supplement composition comprising vitamins, minerals, and antioxidants to strengthen bones and/or joints, thereby inhibiting and/or ameliorating the symptoms associated with osteoporosis. In addition, such strengthening of the bones and/or joints is important for pre-operative and post-operative patients, and for general health and maintenance. Accordingly, in one aspect, the invention provides a dietary supplement formulation that includes vitamins, such as vitamin D3, vitamin K1, and vitamin K2; and minerals, such as calcium and copper. In one embodiment, the vitamin D3 present in an amount of about 2000 IU, the vitamin K1 is present in an amount of about 100 mcg, the vitamin K2 is present in an amount of about 20 mcg, the calcium is present in an amount of about 1000 mg, and the copper is present in an amount of about 1200 mcg. See paragraph 0008. The composition further comprising chromium, manganese, citrulline, and sugar. See paragraphs 0017-0033. Sugar includes trehalose. See paragraph 0040. Composition can be in the form of solid for reconstitution in water and for human consumption. See paragraphs 0044-0058.
Thus, it would have been prima facie obvious to one of ordinary skill in the art to optimize the teaching in Giampapa to include the supplement ingredients in view of the teaching of Westerlund with the expectation to obtain a supplement composition useful for health improvement. This is because Westerlund teaches a dietary supplement composition comprising well known vitamins, minerals, and supplements useful for health improvement, and this is because Giampapa teaches the desirability for the same, namely, a dietary supplement comprising well known vitamins, supplements and sweetening agent such as sugar.
Claims 1-9, 33 and 37-46 are rejected under 35 U.S.C. 103 as being unpatentable over Giampapa US 20040001817 A1, in view of Westerlund US 20110293759 A1 and Greenberg US 20140037601 A1.
Giampapa teaches a supplement composition comprising: i) vitamins including vitamin A, ii) vitamin C, iii) vitamin D, iv) vitamin E, v) pantothenic acid, vi) calcium, vii) zinc, viii) copper, ix) selenium such as selenomethionine, x) magnesium, xi) potassium. See Abstract, Claims and pages 5-7. The composition further comprises microcrystalline cellulose, croscarmellose sodium, stearic acid, calcium silicate, magnesium stearate, and silica.
Giampapa does not expressly teach compositions comprising trehalose and arabinogalactan.
Greenberg teaches a nutritional composition include branched chain fatty acids and other functional ingredients such as, but not limited to probiotics, nucleotides and amino acids for health improvement. See Abstract. The nutritional compositions further include a prebiotic selected from the group consisting of acacia gum, alpha glucan, arabinogalactans, beta glucan, dextrans, fructooligosaccharides, fucosyllactose, galactooligosaccharides, galactomannans, gentiooligosaccharides, glucooligosaccharides, guar gum, inulin, isomaltooligosaccharides, lactoneotetraose, lactosucrose, lactulose, levan, maltodextrins, milk oligosaccharides, partially hydrolyzed guar gum, pecticoligosaccharides, resistant starches, retrograded starch, sialooligosaccharides, sialyllactose, soyoligosaccharides, sugar alcohols, xylooligosaccharides, their hydrolysates, or combinations thereof. See paragraph 0014. Various vitamins, citrulline and methionine are also found in the composition. See paragraphs 0016-0018. Composition in the form of sachet is found in paragraph 0020.
Thus, it would have been prima facie obvious to one of ordinary skill in the art to optimize the teaching in Giampapa to include the supplement ingredients in view of the teaching of Westerlund and Greenberg with the expectation to obtain a supplement composition useful for health improvement. This is because Westerlund and Greenberg teach supplement compositions comprising well known vitamins, minerals, and supplements useful for health improvement, and this is because Giampapa teaches the desirability for the same, namely, a dietary supplement comprising well known vitamins, supplements and sweetening agent such as sugar.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUSAN T TRAN whose telephone number is (571)272-0606. The examiner can normally be reached Monday-Friday, 8:30 am-5:30 pm.
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/SUSAN T TRAN/Primary Examiner, Art Unit 1615
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