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
Claims 1 and 5-7 were amended. Claims 1-20 are pending and are now evaluated on its merits.
Priority
This application claims foreign benefit to application CN202110398742.4 with a filing date of 04/12/2021.
Response to Arguments
Applicant’s arguments, see Pages 9-10, filed 06/22/2026, with respect to the 102 rejections of claims 1-4 and 8-9 under Patel et al. (WO 201107405 A2) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Chong et al. (US Patent No. 20160143974). The teachings of Chong from the previous office action reads to the limitations of claim 1 of claimed invention of an aerosol forming substrate comprising yohimbine and claimed excipients within the claimed range in an electronic vaporization device.
Applicants have additionally overcome the 101 rejections of claims 1-3 and 5-9 with the amendment of claim 1 and the 112b rejection of claims 1-10 with the amendment of claims 5-7.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chong et al. (US Patent No. 20160143974).
Regarding claims 1-20, Chong teaches a medicant solution for delivering sexual aid or enhance the performance of sexual function of erectile disfunction, comprising epimedium or yohimbe in a vaporization handheld aerosol delivery mechanism (relevant to claim 10) (para. 0011, 0102-0103). The solution as taught by Chong comprises yohimbe at 0.5% to about 15% (relevant to claims 1 and 11-16) and in some embodiments further comprises propylene glycol (1,2-propanediol) and glycerin (glycerol) from about 1% to 30% (relevant to claims 4-6 and 17-20) (para. 0025-0029, 0069).
Chong additionally teaches the formulation comprising a flavoring agent (relevant to claim 8) (para. 0012) and the solution not comprising nicotine (relevant to claim 9). Of the ratio of 1,2-propanediol to glycerol, Chong teaches percentage ranges of the two excipients which produces a greater than 1 ratio of 1,2-propanediol to glycerol (relevant to claim 7). In terms of the yohimbine acceptable salt of claims 2-3, the teachings of Chong anticipate the limitations as the claims merely further limit the type of salts of yohimbine but does not state the active ingredient is a yohimbine salt.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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MIKHAIL O'DONNEL. ROBINSON
Examiner
Art Unit 1627
/MIKHAIL O'DONNEL ROBINSON/Examiner, Art Unit 1627
/SARAH PIHONAK/Primary Examiner, Art Unit 1627
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