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 6-11 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Any rejection not reiterated below are hereby withdrawn.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 5/23/24 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
Claim(s) 6-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Navarrete et al. (from IDS) as evidenced by Lenntech (2023, https://www.lenntech.com/services/mwco.htm). This is not a new rejection.
Navarrete et al. teaches a method of using tomato extract presented inhibitory activity on the expression of TNF-alpha and IL-1beta cytokine, which prevent chronic inflammatory diseases (Abstract). The aqueous extract of tomato is prepared by filtering in 0.22 microns (page 15325, 4.2 Aqueous Extract of Tomato and Ferulic Acid). 0.22 micron would exclude molecular weights smaller than 10,000 (see Pore Size). A tomato extract is a food that is eaten orally.
Response to Arguments
Applicant argues that whole raw tomato extract with 10,000 or higher molecular weight is not taught.
In response to Applicant’s argument, Navarrete et al. teaches a method of using tomato extract presented inhibitory activity on the expression of TNF-alpha and IL-1beta cytokine, which prevent chronic inflammatory diseases (Abstract). The aqueous extract of tomato is prepared by filtering in 0.22 microns (page 15325, 4.2 Aqueous Extract of Tomato and Ferulic Acid). 0.22 micron would exclude molecular weights smaller than 10,000 (see Pore Size). The tomato would be a raw whole tomato because no specific form of tomato is indicated; therefore, the whole raw tomato would be used. The 10,000 or higher molecular weight would be inherent because filtration at 0.22 micron is to exclude bacteria or viruses. The extract would inherently contain all the ingredients found in a raw whole tomato, including the 10,000 or higher molecular weight. The same method is anticipated because the aqueous tomato extract inhibited expression of TNF-alpha and IL-1beta cytokine, which prevent chronic inflammatory diseases (Abstract).
Conclusion
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 CATHERYNE CHEN whose telephone number is (571)272-9947. The examiner can normally be reached Monday-Friday 9-5:30 PM.
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Catheryne Chen Examiner Art Unit 1655
/ANAND U DESAI/Supervisory Patent Examiner, Art Unit 1655
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