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 .
Applicant’s election without traverse of group I, claims 17-24 in the reply filed on 05/08/2026 is acknowledged.
Claims 17-28 and 30 are pending.
Claims 25-28 and 30 have been withdrawn from consideration as being directed to the non-elected invention.
Claims 17-24 are examined in this office action.
Copending Applications
Applicants must bring to the attention of the Examiner, or other Office official involved with the examination of a particular application, information within their knowledge as to other copending United States applications, which are "material to patentability" of the application in question. MPEP 2001.06(b). See Dayco Products Inc. v. Total Containment Inc., 66 USPQ2d 1801 (CA FC 2003).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 17-24 are rejected under 35 U.S.C. 103 as being unpatentable over Chancey, John (US 2020/0254104; filed 02/11/2019; Applicant’s IDS) in view of Madl (Biomacromolecules (2014), 15(2): 445-455; Applicant’s IDS); Chuang et al (Food and Function (2020) 11: 10193-10204; Applicant’s IDS) and Gonzales et al (EP 3540034; and Accession number BGT11596 (filed Sept, 2019).
Claims are drawn to a composition comprising: curcumin, alginate and hemp protein, wherein the alginate and hemp protein are covalently bound to each other by a covalent bond between a carboxyl group on the alginate and an amine group on the hemp protein; the curcumin is non-covalently complexed with the covalently bound alginate and hemp protein; and the bioavailability of the curcumin in the composition is greater than the bioavailability of the curcumin in a composition lacking the covalently bound alginate and hemp protein; wherein the alginate is selected from propylene glycol alginate and fructo-oligosacharride; wherein the hemp protein is a globular hemp protein, or a peptide thereof; wherein the globular hemp protein, or peptide
thereof, comprises one or more hydrophobic stretches of amino acid residues of anyone of SEQ ID NO:1-14 . The claims are also drawn to a pharmaceutical composition, comprising said composition and a pharmaceutically acceptable vehicle that is a capsule; wherein the composition is a tablet.
Chancey teaches a nutraceutical composition comprising a cannabinoid (CBND) complexed with proteins, peptides, amino acids, polysaccharides, amino sugars, glycosaminoglycans, or glycol-proteins and pharmaceutically acceptable carriers ([0006] and curcumin ([0015]); wherein disintegrating agents such as the cross-linked polyvinylpyrrolidone, agar, or alginic acid or sodium alginate may be added; and wherein the carriers enable the complexes to be formulated as tablets and capsules for oral ingestion ([0038]) ; wherein a therapeutic effective amount of one or more CBNDs may be non-covalently conjugated to the complexing agent ([0008]); wherein the complexing CBNDs with proteins, polysaccharides used in nutraceuticals improves bioavailability ([0005]); the protein may be a hemp protein ([0008], claim 12). At paragraph [0015], Chancey teaches the combination of a CBND (hemp protein) with a curcumin (polyphenol) and conjugated with a polysaccharide.
Chancey does not explicitly teach the alginate and protein are covalently bound to each other by a covalent bond between carboxyl group on the alginate and an amine group on the protein.
Madl teaches peptide-alginate complexed hydrogels, wherein the first of these peptides (DWIVA) was covalently bound to alginate (Fig. 1A), and second peptide which is Knuckle epitope of BMP-2 (KIPKASSVPTELSAISTYL) which contains two lysine residues within active sequence, and the primary amines of these residues have the potential to cross-react with activated carboxyl groups generated using carbodiimide chemistry (pg. 447, col. 1).
Chancey in view of Madl do not teach a propylene glycol alginate and fructo-oligosaccharide, or the globular hemp protein sequences or a peptide thereof including SEQ ID NO: 1-14.
Chuang et al teach HG-HC (Hemp Globulin and Sodium Caseinate) nanoparticles, wherein the alginate is a propylene glycol alginate, and wherein the nanoparticles were made by complexing with globular hemp protein.
The hemp protein sequences comprising one or more of SEQ ID NO: 1-14 are known in the prior art as evidenced by Gonzales et al (see the alignment of sequences shown below).
Therefore, it would have been obvious to one of skilled in the art before the effective filing date of the claimed invention to use the composition comprising a curcumin, a cannabinoid (CBND) or hemp protein complexed with the alginate polysaccharides; wherein the complexing of CBNDs with proteins, polysaccharides used in nutraceuticals improves bioavailability as taught by Chancey, and to modify that composition by incorporating the peptide-alginate conjugated hydrogels of Madl, to provide a localized control of nutraceutical delivery while providing more stable formulation based on peptide-alginate conjugates; to further modify the composition to incorporate the propylene glycol alginate of Chuang to control self-life properties of the composition, and one or more of hemp protein sequences taught by Gonzalos et al.
All the elements in the claimed composition were known in the prior art and one skill in the art could have combined the elements as claimed by known methods with no change in their respective function and the combination would have yield predictable results to one of ordinary skill in the art at the time of the invention ( see KSR International Co v Teleflex Inc., 550U.S.-, 82 USPQ2d 1385, 2007).
From the teachings of the references, it was apparent that one of ordinary skill in the art would have had a reasonable expectation of success in producing the claimed invention. Therefore, the invention as a whole was prima facie obvious to one of ordinary skill in the art, as evidenced by the references, especially in the absence of evidence to the contrary.
SEQ ID NO: 6
RESULT 2
BGT11596
ID BGT11596 standard; protein; 493 AA.
XX
AC BGT11596;
XX
DT 31-OCT-2019 (first entry)
XX
DE Hemp edestin protein, SEQ ID 31.
XX
KW edestin; globulin; surfactant.
XX
OS Cannabis sativa.
XX
CC PN EP3540034-A1.
XX
CC PD 18-SEP-2019.
XX
CC PF 13-MAR-2018; 2018EP-00161358.
XX
PR 13-MAR-2018; 2018EP-00161358.
XX
CC PA (PROC ) PROCTER & GAMBLE CO.
XX
CC PI Gonzales DA, Bettiol JP;
XX
DR WPI; 2019-80150T/77.
XX
CC PT Detergent composition used for manual-washing of dishware, contains
CC PT anionic surfactant and primary co-surfactant such as amphoteric and/or
CC PT zwitterionic surfactant, and blend of plant derived proteins derived from
CC PT e.g. Brassica oleracea.
XX
CC PS Claim 6; SEQ ID NO 31; 93pp; English.
XX
CC The present invention relates to a detergent composition useful for
CC washing dishware manually. The detergent composition is a hand
CC dishwashing detergent composition comprises: (1) a specific surfactant
CC system including an anionic surfactant and a primary co-surfactant; and
CC (2) a plant derived protein including a Canola protein, a Hemp protein
CC and a flaxseed protein. The invention further discloses: a method for
CC manually washing dishware using the detergent composition. The detergent
CC composition provides suds longevity of the composition and/or facilitate
CC reduction of surfactants in the composition.
XX
SQ Sequence 493 AA;
Query Match 100.0%; Score 152; Length 493;
Best Local Similarity 100.0%;
Matches 27; Conservative 0; Mismatches 0; Indels 0; Gaps 0;
Qy 1 VECEGGMIESWNPNHEQFQCAGVALLR 27
|||||||||||||||||||||||||||
Db 50 VECEGGMIESWNPNHEQFQCAGVALLR 76
SEQ ID NO: 13
RESULT 2
BGT11596
ID BGT11596 standard; protein; 493 AA.
XX
AC BGT11596;
XX
DT 31-OCT-2019 (first entry)
XX
DE Hemp edestin protein, SEQ ID 31.
XX
KW edestin; globulin; surfactant.
XX
OS Cannabis sativa.
XX
CC PN EP3540034-A1.
XX
CC PD 18-SEP-2019.
XX
CC PF 13-MAR-2018; 2018EP-00161358.
XX
PR 13-MAR-2018; 2018EP-00161358.
XX
CC PA (PROC ) PROCTER & GAMBLE CO.
XX
CC PI Gonzales DA, Bettiol JP;
XX
DR WPI; 2019-80150T/77.
XX
CC PT Detergent composition used for manual-washing of dishware, contains
CC PT anionic surfactant and primary co-surfactant such as amphoteric and/or
CC PT zwitterionic surfactant, and blend of plant derived proteins derived from
CC PT e.g. Brassica oleracea.
XX
CC PS Claim 6; SEQ ID NO 31; 93pp; English.
XX
CC The present invention relates to a detergent composition useful for
CC washing dishware manually. The detergent composition is a hand
CC dishwashing detergent composition comprises: (1) a specific surfactant
CC system including an anionic surfactant and a primary co-surfactant; and
CC (2) a plant derived protein including a Canola protein, a Hemp protein
CC and a flaxseed protein. The invention further discloses: a method for
CC manually washing dishware using the detergent composition. The detergent
CC composition provides suds longevity of the composition and/or facilitate
CC reduction of surfactants in the composition.
XX
SQ Sequence 493 AA;
Query Match 100.0%; Score 93; Length 493;
Best Local Similarity 100.0%;
Matches 19; Conservative 0; Mismatches 0; Indels 0; Gaps 0;
Qy 1 GFSVNLIQEAFNVDSETAR 19
|||||||||||||||||||
Db 232 GFSVNLIQEAFNVDSETAR 250
Pertinent Prior arts:
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hung Ching et al (Critical Reviews in Food Science and Nutrition (2017)57(6):1133-1152) that teach Alginate gel and its application in the encapsulation of food, agriculture materials, and to control-release certain food ingredients, bioactive compounds, and pharmaceutical materials for various products.
Conclusion
No claim is allowed.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEDINA AHMED IBRAHIM whose telephone number is (571)272-0797. The examiner can normally be reached Monday-Friday, 9:00 - 6:00.
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MEDINA AHMED. IBRAHIM
Primary Examiner
Art Unit 1662
/MEDINA A IBRAHIM/ Primary Examiner, Art Unit 1662
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