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 .
According to paper filed on July 2, 2026, the applicants have added new claims 11-14.
Claims 5-14 are pending in the application.
Response to Arguments
Applicant's arguments filed July 2, 2026 have been fully considered but they are not persuasive. Regarding obviousness rejection over Hurst’s reference, the applicants argue on page 5 that Hurst does teach using Malvin glycoside but does not teach using Kaempferol glycoside. The examiner agrees with it. However, the claims are directed to using Kaempferol and/or glycoside and therefore, are not directed to using Kaempferol glycoside specifically. It can be any glycoside. Therefore, it would have been obvious to reduce muscle damage using Malvin glycoside with reasonable expectation of success. In regard to obviousness rejection over Ikeda in view of Funes, the applicants argue on page 7 that Ikeda’s teachings of improving physical activity efficiency or reducing fatigue does not suggest intense exercise. The examiner does not agree with this. The applicant’s attention is drawn to page 24, line 3 to page 25, line 9 in Ikeda’s reference where different levels of exercise intensities are clearly defined. Regarding ODP rejection, the examiner also does not agree with applicant’s arguments that it would not have been obvious to reduce muscle damage over claims of PAT 12,048,683 in view of Funes to one skilled in the art.
Conclusion
The obviousness rejection of claims 5-14 under 35 U.S.C. 103(a) over Hurst’s reference is maintained.
The obviousness rejection of claims 5-14 under 35 U.S.C. 103(a) over Ikeda in view of Funes reference is maintained.
The ODP rejection over claims of PAT 12,048,683 in view of Funes reference is maintained.
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARANJIT AULAKH whose telephone number is (571)272-0678. The examiner can normally be reached Monday-Friday 7:00-3:30.
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/CHARANJIT AULAKH/ Primary Examiner, Art Unit 1621
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