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 .
Priority
This Application filed on 09/27/2023, is a National Stage Entry of International Patent Application No. PCT/JP2022/014243, filed 03/25/2022, which claims the priority of Japan patent application JP2021-074318 filed on 04/26/2021.
Information Disclosure Statement
The information disclosure statement (IDS) filed on 09/27/2023, 03/31/2025, and 05/19/2025, complies with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609. Accordingly, it has been placed in the application file and the information therein has been considered as to the merits, except where noted.
Status of claims
The preliminary amendment filed on 05/27/2025, that canceled claims 1-7, and 9, and added claim 10, is acknowledged. Claims 8, and 10 are pending.
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.
§ 102 Rejection over Beelman
Claims 8 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by R. Beelman et al. (US PG Pub 2010/076093 A1, 03/25/2010, “Beelman” cited in the IDS dated 09/27/2023). Claim 10 is rejected over Beelman as evidenced by Lucaris, (Jun 24, 2019, lucariscrystal.com/pouring-the-perfect-glass-of-wine).
Beelman discloses methods of maintaining and improving overall health of human by administration L-ergothioneine, [0015], [0019]. Beelman discloses that L-ergothioneine which naturally occurs in red wine, reduces the production of LDL, low density lipoprotein cholesterol and increasing HDL, high density lipoprotein cholesterol. [0021]. Therefore, Beelman anticipates claim 8.
With regard to claim 10, Beelman discloses that in the wine making process sulfur dioxide is added in an amount of 260 mg/lit to reduce oxidation and preserve wine during storage and fermentation. Beelman discloses that all sulfur dioxide added to wine are replaced with L-ergothioneine. [0029]. Thus, the amount of L-ergothioneine added is 260 mg/Lit. As evidenced by Lucaris, one cup of wine is equivalent to 150 mL. Therefore, The amount of L-ergothioneine in one cup of wine (150 mL cup) is calculated to be 39 mg (260mg/1000mL * 150 mL = 39 mg of L-ergothioneine).
39 mg L-ergothioneine anticipates the range recited in claim 10 of 2-50 mg L-ergothioneine per day.
§ 102 Rejection over Abidin
Claims 8 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by M. Abidin, et al. (2017), International Journal of Food Properties, 20(6), 1251–1261, “Abidin” cited in the IDS dated 03/31/2025).
Abidin discloses a method of reducing LDL, the bad cholesterol, and elevating the level of HDL, the good cholesterol by administering 5%(w/w) of Pleurotus ostreatus, wherein Pleurotus ostreatus is administered to human, [Pg. 1257, last para., pg. 1258, 2nd para.]. Abidin discloses that ergothioneine was identified in large amount in Pleurotus ostreatus with 118.91 mg/kg. [Pg. 1256, last para.]. Therefore, Abidin anticipates claim 8.
5%(w/w) of Pleurotus ostreatus = 5.95 mg of ergothioneine (5% w/w Pleurotus ostreatus of 1 kg Pleurotus ostreatus = 5/100 * 1000g = 50 kg Pleurotus ostreatus. 118.91 mg ergothioneine /1kg Pleurotus ostreatus * 50 kg Pleurotus ostreatus = 5.95 mg ergothioneine). Therefore, 5.95 mg ergothioneine anticipates claim 10 of 2-50 mg ergothioneine.
Conclusion
Claims 8 and 10 are rejected. No claim is allowed.
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/M.M.A./Examiner, Art Unit 1622
/JAMES H ALSTRUM-ACEVEDO/Supervisory Patent Examiner, Art Unit 1622