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 .
Claim Objections
Claims 2, 6-7, 10 is objected to because of the following informalities:
Claim 2 is objected because the claim should recite “or combinations thereof”, instead of “and combinations thereof”, since the claim also contemplates the use of the recited single/individual salicylates.
Claim 6 is objected because the claim should recite “or combinations thereof”, instead of “and combinations thereof”, since the claim also contemplates the carvacrol being sourced from the recited single/individual essential oil(s).
Claim 7 is objected because the claim should recite “or combinations thereof”, instead of “and combinations thereof”, since the claim also contemplates the anethole being sourced from the recited single/individual essential oil, liquorice, or liquorice extract ingredient(s).
Claim 10 is objected because “0,00001 to about 0,00005%” should read “0.00001 to about 0.00005%”, with a period instead of a comma.
Appropriate correction is required.
Specification
The disclosure is objected to because of the following informalities:
On page 34, [00183], line 5, “derecoxib” should read “deracoxib”.
On page 39, [00208], line 2, “ad libidum” should read “ad libitum”.
On page 39, [00114], line 5, “grinded corn” should read “ground corn”.
Appropriate correction is required.
Drawings
The drawings are objected to because Figures 9-10 titles recitation of “Clinical trail: Canine Ostearthritis” should read “Clinical trial: Canine Osteoarthritis”. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 18 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 18 is rejected because the limitation for the antimicrobial of element d) in claim 18 is in the range amount of from about 0.06% to about 0.085% w/w, which is a range outside the range being claimed in element d) of parent claim 1. That is, since it depends from dependent claim 7, and claim 7 depends from independent claim 1, where claim 1 limits the antimicrobial of element d) to an amount range of from about 0.0000022% to about 0.04% w/w, it is unclear if the composition may have an upper limit of about 0.04%, about 0.06%, or about 0.085% w/w on the antimicrobial.
Further regarding Claim 18: A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 recites the broad recitation “from about 0.0000022% to about 0.04% w/w”, and the claim (claim 18 which depends from claim 7, and claim 7 depends from 1) also recites “from about 0.06% to about 0.085% w/w” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
NOTE: It is unclear if Applicant intended to present claim 18 as dependent form from claim 1, or if claim 18 is being presented correctly as dependent from dependent claim 7. For examination purposes and compact prosecution, claim 18 was treated as depending from claim 7, which depends from claim 1, thus being grouped with the rejection of claim 7 to address the limitation of the source of the anethole compound (i.e., anethole being provided by an anise essential oil, a liquorice, a liquorice extract, and combinations thereof).
Claim 18 is also rejected because it recites “of cinnamaldehyde” and claim 1 recites “a sialagogue comprising cinnamaldehyde”. It is unclear if “of cinnamaldehyde” in claim 18 is referring to the cinnamaldehyde of claim 1.
Claim 18 is also rejected because element d) recites “an antimicrobial comprising carvacrol, anethole, a ginger essential oil, and liquorice” for the antimicrobial, and element d) in claim 1 recites “an antimicrobial comprising carvacrol, anethole and a ginger essential oil”. It is not clear whether it is intending to further limit the antimicrobial of claim 1 or is a different antimicrobial.
Claim 18 is also rejected because it recites “anethole and liquorice”, and claim 7 recites that the anethole can be provided by liquorice. It is not clear whether these are different ingredients.
Claim 20 recites “a method of feeding livestock comprising administering an effective amount of the livestock feed composition of claim 19, to a livestock animal in need thereof”. The term “effective amount” in claim 20, line 2 is a relative term which renders the claim indefinite. The term “effective amount” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The claim is indefinite because it is unclear what would be considered an effective amount as different livestock animals have different nutritional requirements depending on the size, type of livestock animal and the purpose of the animal (i.e., meat, milk sources, etc.), thus requiring different effective amounts.
Term(s) found in Specification
"acceptable": By acceptable it is meant the carrier, diluent or excipient must be compatible with the other ingredients of the formulation and not deleterious to the recipient thereof.
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) 1-7, 8-14, 17, 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marchand [CA2618380A1], in view of Lamb [US20210015120A1], evidenced by Traditional Medicinals [Licorice 101, 2016], hereinafter Medicinals, Anethole [Showing compound Anethole (FDB002793), 2010], Leyva-López et al. [Essential oils of oregano, 2017], hereinafter Leyva, Arctander [Scentspiracy: Methyl Salicylate, 1960], Kamatou et al. [Menthol: A simple monoterpene with remarkable biological properties, 2013], hereinafter Kamatou, and Becker [Eucalyptus Derived Ingredients, 2017].
Regarding claim 1, Marchand teaches a livestock dietary supplement composition [Marchand, Abstract] comprising:
1% w/w of a sialagogue comprising cinnamaldehyde [Marchand, p.12, Table 1 (see p.65 for Table 1 Translation); p.13, Table 2 (see p.66 for Table 2 Translation); p.48 PE2E Translation];
4% w/w of an anti-inflammatory comprising a salicylate [Marchand, p.12, Table 1 (see p.65 for Table 1 Translation); p.13, Table 2 (see p.66 for Table 2 Translation); p.48 PE2E Translation];
2.5% w/w of an expectorant comprising menthol (peppermint phenolic acid comprises menthol) [Marchand, p.12, Table 1 (see p.65 for Table 1 Translation); p.13, Table 2 (see p.66 for Table 2 Translation); p.48 PE2E Translation];
an antimicrobial comprising carvacrol (oregano oil contains carvacrol, see evidence of López, p.2, par.1 and p.7, par.2, section 3.1) [Marchand, p.7, l.7-15], and anethole (licorice contains anethole, see evidence of Medicinals, p.1, par.1 and p.2, Picture, bullet #3) [Marchand, p.6, l.5-10; p.12, Table 1 (see p.65 for Table 1 Translation); p.13, Table 2 (see p.66 for Table 2 Translation); p.47-48 PE2E Translation]; and
a sufficient amount of an acceptable carrier (aluminosilicate inert ingredient (equivalent to acceptable as disclosed in [0056] of the specification), ground corn as filler/carrier, as disclosed in [00114-00115] of the instant specification) to make up to 100% w/w [Marchand, p.13, Table 2 (see p.66 for Table 2 Translation); p.49 PE2E Translation].
Marchand is silent regarding the livestock dietary supplement composition specifically having a concentration or amount of from about 0.0000022% to about 0.04% w/w of the antimicrobial and a ginger essential oil as required by element d).
Lamb teaches a livestock dietary supplement composition [Lamb, Title, Abstract, 0057], comprising essential oils (hereinafter EOs) [Lamb, 0005-0006] such as oregano essential oil, anise essential oil and fennel essential oil (both anise and fennel essential oils comprise anethole and is suitable as antimicrobial, see evidence of Anethole, p.1, Description, and p.5, Foods comprising anethole average amounts in mg/100g) [Lamb, 0097], wherein oregano essential oil comprise carvacrol [Lamb, 0051, 0099, 0101-0102] and a ginger essential oil [Lamb, 0097]. The carvacrol (oregano EO), anethole (anise and fennel EOs) and ginger EO or the EO compounds (i.e., carvacrol, anethole) may be in the composition in amounts of from 0% to about or up to about 0.1% w/w (which encompass the claimed amount of from about 0.0000022% to about 0.04% w/w of the antimicrobial) [Lamb, 0103].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use an amount of from 0% to about or up to about 0.1% w/w of antimicrobial (carvacrol, anethole, and ginger essential oils) as taught by Lamb, in the livestock dietary supplement composition of Marchand, because Lamb teaches that the amount of essential oils (or the amounts of EO compounds, i.e., carvacrol, anethole) in the composition depends on the species of the subject, the size of the subject, and the health status of a subject [Lamb, 0162]. Moreover, while Lamb does not explicitly recites using these essential oil compounds specifically as antimicrobial agents, nonetheless the livestock feed composition of Lamb includes the same essential oil raw materials being claimed at concentrations that encompass the same claimed concentrations. Further, Lamb teaches that these essential oil compounds comprise substances that improves the health an immunity of the animals [Lamb, 0002-0003], by providing antioxidants [Lamb, 0091], and can be administered in response to sever infection, disease or injury, suggesting their use as antibiotics [Lamb, 0162]. Therefore it would have been obvious to one having ordinary skill in the art to have modified Marchand and to have used amounts greater than 0% and up to 0.1% w/w of an essential oil(s) composition that additionally includes ginger essential oils, because Lamb teaches that these essential oils can improve the health and immunity of animals while also providing antioxidant and antibiotic effect, and because the particular amount of these ingredients would depend on the species, size and health status of the subject.
Regarding claim 2, Marchand teaches the livestock dietary supplement composition comprising a salicylate, wherein said salicylate is methyl salicylate [Marchand, p.3, l.16-17], since the claim only requires one of the variations in view of also reciting, “and combinations thereof.”.
Regarding claim 3, Marchand teaches the livestock dietary supplement composition comprising a phenolic compound (the salicylate, methyl salicylate is a phenolic compound obtained from wintergreen essential oil, see Arctander in Scentspiracy: Methyl Salicylate, p.1, What is Methyl Salicylate?, par.2), wherein said salicylate is provided by a wintergreen essential oil [Marchand, p.7, l.7-15].
Regarding claim 4, Marchand teaches the livestock dietary supplement composition comprising menthol as expectorant (peppermint oil contains menthone, see evidence of Kamatou, p.18, left column, 3. Biological properties of menthol) [Marchand, p.12, Table 1 (see p.65 for Table 1 Translation); p.50, 57-58 of PE2E Translation].
Marchand is silent regarding the livestock dietary supplement composition comprising eucalyptol.
Lamb teaches the livestock dietary supplement composition of claim 1, wherein the composition comprise eucalyptus globulus oil (eucalyptus globulus oil contains eucalyptol, see Becker, p.2, par.4) [Lamb, 0097].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use eucalyptol as taught by Lamb, in the livestock dietary supplement composition of Marchand, because Lamb teaches that using a variety of essential oils without limitation [Lamb, 0097] would allow for the preparation of multi-essential oil compositions for enhancing feed efficiency and health of a subject including animals [Lamb, 0085], and provide antioxidant properties to a host system and reduce oxidative stress in animals [Lamb, 0091].
Regarding claim 5, Marchand teaches the livestock dietary supplement composition of claim 1, wherein said expectorant comprises peppermint oil [Marchand, p.12, Table 1 (see p.65 for Table 1 Translation); p.50, 57-58 of PE2E Translation].
Regarding claim 6, Marchand teaches the livestock dietary supplement composition of claim 1, wherein in said antimicrobial, said carvacrol is provided by oregano essential oil (see claim 1, element d) rejection above, oregano oil contains carvacrol, see evidence of López, p.2, par.1 and p.7, par.2, section 3.1) [Marchand, p.7, l.7-15]) [Marchand, p.12, Table 1 (see p.65 for Table 1 Translation); p.50, 57-58 of PE2E Translation], since the claim only requires one of the variations in view of also reciting, “and combinations thereof.”.
Regarding claim 7, Marchand teaches the livestock dietary supplement composition of claim 1, wherein in said antimicrobial, said anethole is provided by licorice or liquorice extracts and combinations thereof (licorice contains anethole, see evidence of Medicinals, p.1, par.1 and p.2, Picture, bullet #3) [Marchand, p.6, l.5-10; p.12, Table 1 (see p.65 for Table 1 Translation); p.13, Table 2 (see p.66 for Table 2 Translation); p.47-48 PE2E Translation], since the claim only requires one of the variations in view of also reciting, “and combinations thereof.”.
Regarding claims 8-9, Marchand teaches the livestock dietary supplement composition of claim 1, further comprising an astringent comprising an edible polyphenolic compound such as tannin [Marchand, p.49, element 4 of PE2E Translation], in amounts of from 0.1% to 25% (which encompass the claimed of from about 2% to about 8% w/w of an astringent comprising an edible polyphenolic compound of claim 8, and the claimed edible polyphenolic compound being tannin of claim 9) [Marchand, p.3, l.9-14; p.23, claim 7; p.49, element 4 of PE2E Translation].
Regarding claims 10-11, Marchand teaches the livestock dietary supplement composition of claim 1, further comprising a chromium (chromium tripicolinate, also known as chromium tri-picolinate, chromium(III) picolinate or chromium picolinate) in an amount of 200 ppb (0.00002% w/w which is within the claimed range of from about 0.00001 to about 0.00005% w/w of a chromium) [Marchand, p.48-49 of PE2E Translation].
Regarding claims 12-13, Marchand teaches the livestock dietary supplement composition of claim 1, further comprising a vitamin [Marchand, Abstract], wherein said vitamin is vitamin D [Marchand, p.3, l.7-11], vitamin C, vitamin E [Marchand, p.9, l.17], and folic acid [Marchand, p.49 of PE2E Translation].
Regarding claim 14, Marchand teaches the livestock dietary supplement composition of claim 1, wherein said anti-inflammatory further comprises a coumarin (coumarins or coumarines) [Marchand, p.48 of PE2E Translation].
Regarding claim 17, Marchand teaches the livestock dietary supplement composition of claim 1, wherein said acceptable carrier comprises a clay, an aluminosilicate, and combinations thereof [Marchand, p.49 of PE2E Translation].
Regarding claim 19, Marchand teaches a livestock feed composition comprising the livestock dietary supplement composition of claim 1 [Marchand, Abstract; p.6, l.12-13].
Regarding claim 20, Marchand teaches a method of feeding livestock comprising administering an effective amount of the livestock feed composition of claim 19, to a livestock animal in need thereof [Marchand, p.11, l.3-16], (Marchand teaches a method of feeding a livestock animal suffering from disease(s) and decreasing the severity of the symptoms caused by said disease(s), therefore an effective amount of the livestock feed composition is being administered because the severity of the symptoms caused by said disease(s) is decreased).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marchand [CA2618380A1], in view of Lamb [US20210015120A1], evidenced by Traditional Medicinals [Licorice 101, 2016], hereinafter Medicinals, Anethole [Showing compound Anethole (FDB002793), 2010], Leyva-López et al. [Essential oils of oregano, 2017], hereinafter Leyva, Arctander [Scentspiracy: Methyl Salicylate, 1960], Kamatou et al. [Menthol: A simple monoterpene with remarkable biological properties, 2013], hereinafter Kamatou, and Becker [Eucalyptus Derived Ingredients, 2017] as applied to claim 1 above, and further in view of Arhancet et al. [US20170000755A1], hereinafter Arhanset, and Jacobsen et al. [WO2008049437A1], hereinafter Jacobsen.
Regarding claim 6, Marchand teaches the livestock dietary supplement composition of claim 1, wherein in said antimicrobial, said carvacrol is provided by oregano essential oil (see claim 1, element d) rejection above, oregano oil contains carvacrol, see evidence of López, p.2, par.1 and p.7, par.2, section 3.1) [Marchand, p.7, l.7-15]) [Marchand, p.12, Table 1 (see p.65 for Table 1 Translation); p.50, 57-58 of PE2E Translation].
Marchand is silent regarding the carvacrol being provided by a thyme essential oil, a wild bergamot essential oil, a marjoram essential oil, a Origanum Dictamnus essential oil, and combinations thereof.
Lamb teaches the livestock dietary supplement composition of claim 1, wherein the carvacrol is provided by a thyme essential oil [Lamb, 0006, 0008, 0048, 0050-0051, 0099, 0101-0102, 0104], a wild bergamot essential oil [Lamb, 0097], a marjoram essential oil [Lamb, 0097], a Origanum Dictamnus essential oil [Lamb, 0096], and combinations thereof.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide carvacrol from oregano, thyme, wild bergamot, marjoram, Origanum Dictamnus essential oils as taught by Lamb, in the livestock dietary supplement composition of Marchand, because Lamb teaches that using a variety of essential oils without limitation [Lamb, 0097] would allow for the preparation of multi-essential oil compositions for enhancing feed efficiency and health of a subject including animals [Lamb, 0085], and provide antioxidant properties to a host system and generally reduce oxidative stress in animals [Lamb, 0091].
Modified Marchand teaches the livestock dietary supplement composition comprising carvacrol provided by oregano, thyme, wild bergamot, marjoram, Origanum Dictamnus essential oils and combinations thereof, but is silent regarding the carvacrol being provided by Satureja essential oil.
Arhancet teaches antimicrobial compositions [Arhancet, 0002] suitable for livestock (ruminant, sheep, goat, etc.) [Arhancet, 0117] dietary supplement compositions [Arhancet, 0118] comprising carvacrol provided by Satureja essential oils [Arhancet, 0053].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide carvacrol from Satureja essential oil as taught by Arhancet, in the livestock dietary supplement composition of Marchand, because Arhancet teaches that using Satureja essential oils will provide an antimicrobial activity effect [Arhancet, 0053] to dietary supplement compositions [Arhancet, 0118] for a variety of animals including livestock [Arhancet, 0117] which can be used for killing microbes on the surface of the animal [Arhancet, 0119] or killing microbes within the digestive tract of the animal [Arhancet, 0118].
Modified Marchand teaches the livestock dietary supplement composition comprising carvacrol provided by oregano, thyme, wild bergamot, Satureja, marjoram, Origanum Dictamnus essential oils and combinations thereof, but is silent regarding the carvacrol being provided by pepperwort essential oil.
Jacobsen teaches livestock dietary supplement compositions [Jacobsen, p.22, l.7-15; l.26] comprising antimicrobial substances such as carvacrol for providing an antimicrobial effect [Jacobsen, p.3, l.9-10; l.20-26], said carvacrol being provided by pepperwort essential oil [Jacobsen, p.8, l.27-31].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide carvacrol from pepperwort essential oil as taught by Jacobsen, in the livestock dietary supplement composition of Marchand, because Jacobsen teaches that using carvacrol-containing substances in livestock dietary supplement compositions has beneficial effect on the gastrointestinal tract of the animal being fed said livestock dietary supplement carvacrol-containing composition [Jacobsen, p.3, l.9-26; p.6, l.22-26].
Claim(s) 7, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marchand [CA2618380A1], in view of Lamb [US20210015120A1], evidenced by Traditional Medicinals [Licorice 101, 2016], hereinafter Medicinals, Anethole [Showing compound Anethole (FDB002793), 2010], Leyva-López et al. [Essential oils of oregano, 2017], hereinafter Leyva, Arctander [Scentspiracy: Methyl Salicylate, 1960], Kamatou et al. [Menthol: A simple monoterpene with remarkable biological properties, 2013], hereinafter Kamatou, and Becker [Eucalyptus Derived Ingredients, 2017] as applied to claim 1 above, and further in view of Arhancet et al. [US20170000755A1], hereinafter Arhanset.
Regarding claim 7, Marchand teaches the livestock dietary supplement composition of claim 1, wherein in said antimicrobial, said anethole is provided by licorice or liquorice extracts and combinations thereof (licorice contains anethole, see evidence of Medicinals, p.1, par.1 and p.2, Picture, bullet #3) [Marchand, p.6, l.5-10; p.12, Table 1 (see p.65 for Table 1 Translation); p.13, Table 2 (see p.66 for Table 2 Translation); p.47-48 PE2E Translation].
Marchand is silent regarding the livestock dietary supplement composition specifically providing the anethole from anise essential oil.
Arhancet teaches the livestock dietary supplement composition discussed above [Arhancet, 0002, 0117-0118] comprising anethole provided by anis (aniseed) essential oils [Arhancet, 0053, 0084, 0098].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide anethole from anise essential oil as taught by Arhancet, in the livestock dietary supplement composition of Marchand, because Arhancet teaches that using anise essential oil comprising anethole will provide an antimicrobial activity effect [Arhancet, 0053] to dietary supplement compositions [Arhancet, 0118] for a variety of animals including livestock [Arhancet, 0117] which can be used for killing microbes on the surface of the animal [Arhancet, 0119] or killing microbes within the digestive tract of the animal [Arhancet, 0118].
Regarding claim 18, modified Marchand teaches the livestock dietary supplement composition of claim 1, wherein the livestock dietary supplement composition comprises:
1% w/w of cinnamaldehyde [Marchand, p.12, Table 1 (see p.65 for Table 1 Translation); p.13, Table 2 (see p.66 for Table 2 Translation); p.48 of PE2E Translation];
Wintergreen oil [Marchand, p.7, l.11-15] as a polyphenol compound containing substance [Marchand, p.6, l.8-10; p.12, Table 1 (see p.65 for Table 1 Translation)], wherein the polyphenol compound (wintergreen) [Marchand, p.7, l.18] may be in amounts of from 0.1% to 25% w/w [Marchand, p.3, l.13-14], therefore Marchand implicitly teaches wintergreen oil in amounts of from 0.1% to 25% w/w, which is a range that encompass the claimed range of from about 2% to about 3% w/w of wintergreen oil.
Peppermint oil [Marchand, p.54, 57-58 of PE2E Translation].
an antimicrobial comprising carvacrol (oregano oil contains carvacrol, see evidence of López, p.2, par.1 and p.7, par.2, section 3.1) [Marchand, p.7, l.7-15], and liquorice [Marchand, p.6, l.5-10; p.12] which comprise anethole (licorice contains anethole, see evidence of Medicinals, p.1, par.1 and p.2, Picture, bullet #3) [Marchand, p.6, l.5-10; p.12, Table 1 (see p.65 for Table 1 Translation); p.13, Table 2 (see p.66 for Table 2 Translation); p.47-48 PE2E Translation]; and
an acceptable carrier (aluminosilicate inert ingredient (equivalent to acceptable as disclosed in [0056] of the specification) since an inert ingredient will be compatible with the other ingredients and will not be deleterious to the recipient) [Marchand, p.13, Table 2 (see p.66 for Table 2 Translation); p.49 PE2E Translation].
Marchand is silent regarding the livestock dietary supplement composition specifically having a concentration or amount of from about 0.1% to about 0.15% w/w of a peppermint oil as required by claim 18, element c), and from about 0.06% to about 0.085% w/w of an antimicrobial comprising carvacrol, anethole, a ginger essential oil, and liquorice as required by claim 18, element d).
Lamb teaches a livestock dietary supplement composition [Lamb, Title, Abstract, 0057], comprising essential oils (hereinafter EOs) [Lamb, 0005-0006] such as oregano essential oil, anise essential oil and fennel essential oil (both anise and fennel essential oils comprise anethole and is suitable as antimicrobial, see evidence of Anethole, p.1, Description, and p.5, Foods comprising anethole average amounts in mg/100g) [Lamb, 0097], wherein oregano essential oil comprise carvacrol [Lamb, 0051, 0099, 0101-0102] and a ginger essential oil [Lamb, 0097]. The carvacrol (oregano EO), anethole (anise and fennel EOs) and ginger EO or the EO compounds (i.e., carvacrol, anethole) may be in the composition in amounts of from 0% to about or up to about 0.1% w/w (which encompass the claimed amount of from about 0.06% to about 0.085% w/w of an antimicrobial comprising carvacrol, anethole, a ginger essential oil, and liquorice as required by claim 18, element d)) [Lamb, 0103]. The composition may further comprise peppermint oil as essential oil [Lamb, 0097-0098, claim 6], wherein the essential oils (peppermint essential oil) may be present in amounts of from about 0.1% to about 0.5% w/w (which encompass the claimed amount of from about 0.1% to about 0.15% w/w of a peppermint oil as required by claim 18, element c)) [Lamb, 0103].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use an amount of from 0.1% to about 0.5% w/w of peppermint oil, and an amount of from 0% to about or up to about 0.1% w/w of an antimicrobial comprising carvacrol, anethole, a ginger essential oil, and liquorice as taught by Lamb, in the livestock dietary supplement composition of Marchand, because Lamb teaches that the amount of essential oils (or the EO compounds, i.e., carvacrol, anethole) in the composition depends on the species of the subject, the size of the subject, and the health status of a subject [Lamb, 0162]. Moreover, while Lamb does not explicitly recites using these essential oil compounds specifically as antimicrobial agents, nonetheless the livestock feed composition of Lamb includes the same essential oil raw materials being claimed at concentrations that encompass the same claimed concentrations. Further, Lamb teaches that these essential oil compounds comprise substances that improves the health an immunity of the animals [Lamb, 0002-0003], by providing antioxidants [Lamb, 0091], and can be administered in response to sever infection, disease or injury, suggesting their use as antibiotics [Lamb, 0162]. Therefore it would have been obvious to one having ordinary skill in the art to have modified Marchand and to have used amounts greater than 0% and up to 0.1% w/w of an essential oil(s) composition that additionally includes ginger essential oils, because Lamb teaches that these essential oils can improve the health and immunity of animals while also providing antioxidant and antibiotic effect, and because the particular amount of these ingredients would depend on the species, size and health status of the subject.
Claim(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marchand [CA2618380A1], in view of Lamb [US20210015120A1], evidenced by Traditional Medicinals [Licorice 101, 2016], hereinafter Medicinals, Anethole [Showing compound Anethole (FDB002793), 2010], Leyva-López et al. [Essential oils of oregano, 2017], hereinafter Leyva, Arctander [Scentspiracy: Methyl Salicylate, 1960], Kamatou et al. [Menthol: A simple monoterpene with remarkable biological properties, 2013], hereinafter Kamatou, and Becker [Eucalyptus Derived Ingredients, 2017] as applied to claim 1 above, and further in view of Arhancet et al. [US20170000755A1], hereinafter Arhanset.
Regarding claims 15-16, Marchand teaches the livestock dietary supplement composition of claim 1, but is silent regarding the livestock dietary supplement composition further comprising a thickening agent such as locust bean gum.
Arhancet teaches the livestock dietary supplement composition discussed above in claim 6 [Arhancet, 0002, 0117-0118], the composition further comprising a thickening agent such as locust bean gum [Arhancet, 0094].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a thickener such as locust bean gum as taught by Arhancet, in the livestock dietary supplement composition of Marchand, because Arhancet teaches that using locust bean gum as an excipient in the composition, would allow a skilled artisan to produce an antimicrobial composition [Arhancet, 0053] including various suitable ingredients and agents [Arhancet, 0029, 0051, 0088, 0113] for livestock dietary supplement compositions [Arhancet, 0118] which can be used for killing microbes on the surface of the animal [Arhancet, 0119] or killing microbes within the digestive tract of the animal [Arhancet, 0118].
Conclusion
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/LUIS EUGENIO DIOU BERDECIA/Examiner, Art Unit 1792
/VIREN A THAKUR/Primary Examiner, Art Unit 1792
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