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 1-11 and 14 are pending and examined on the merits.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Any rejection not reiterated below are hereby withdrawn.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/30/23 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim(s) 1-3, 6-10, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fan (CN 104707125 A). This is a new rejection.
Fan teaches a method of treating dry cough, asthma, bronchitis, pneumonia, pulmonary tuberculosis with mint essential oil [0031] and fir essential oil for respiratory system such as rhinitis and bronchitis, or feel chest phlegm [0032]. Asarum warming the lungs, runny nose, nostrils, nasosinusitis, rheumatism and drinking sputum and cough [0025]. The essential oils are processed by water vapour distillation [0039]. The refreshing essential oils are 5-10 parts of asarum, 8-16 parts of mint essential oil, and fir essential oil (Claim 1). The fir would include the leaves. The same compounds used for treating the same disease would inherently involve the mechanisms in claims 6-10. The parts would read on volume ratio of 4:1 to 3: 2 to 4 for the mint extract, asarum, and fir extract, respectively.
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.
Claim(s) 1-11 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Fan (CN 104707125 A).
Fan teaches a method of treating dry cough, asthma, bronchitis, pneumonia, pulmonary tuberculosis with mint essential oil [0031] and fir essential oil for respiratory system such as rhinitis and bronchitis, or feel chest phlegm [0032]. Asarum warming the lungs, runny nose, nostrils, nasosinusitis, rheumatism and drinking sputum and cough [0025]. The essential oils are processed by water vapour distillation [0039]. The refreshing essential oils are 5-10 parts of asarum, 8-16 parts of mint essential oil, and fir essential oil (Claim 1). The fir would include the leaves. The same compounds used for treating the same disease would inherently involve the mechanisms in claims 6-10. The parts would read on volume ratio of 4:1 to 3: 2 to 4 for the mint extract, asarum, and fir extract, respectively.
However, Fan does not teach administration by inhalation or intranasal.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to use inhalation or intranasal administration because the composition formulated can be used for treating respiratory conditions as taught by Fan. One would have been motivated to make a medicine for administration by nasal or inhalation for the expected benefit of treating respiratory conditions. Absent evidence to the contrary, there would have been a reasonable expectation of success in making the claimed invention from the combined teachings of the cited references.
Conclusion
No claim is allowed.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERYNE CHEN whose telephone number is (571)272-9947. The examiner can normally be reached on Monday-Friday 9-5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anand U Desai can be reached on 571-272-0947. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Catheryne Chen Examiner Art Unit 1655
/ANAND U DESAI/Supervisory Patent Examiner, Art Unit 1655
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