DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. The amendment filed June 16, 2026 has been received and entered.
3. Claims 1-9 are currently pending.
Election/Restrictions
4. Applicant’s election without traverse of senolytic senotherapy in the reply filed on June 16, 2026 is acknowledged.
5. Claims 1-9 are examined on the merits in regards to the elected species.
Claim Rejections - 35 USC § 112
Claims 1-9 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.
6. Claim 1 is indefinite because it is unclear how to determine when a subject is “in need” of senotherapy. Applicant’s specification defines “senotherapy” as “a treatment-related therapy that targets senescent cells, including a senolytic that selectively removes senescent cells…” and that senescent cell are aged cells. Thus, it appears that a subject in need of senotherapy may be a person exhibits signs of aging; however, clarification of the claimed scope is needed.
7. Claim 2 is indefinite because the phrase “wherein the senotherapy comprises a senolytic…” appears to be incomplete and is confusing.
8. Claim 3 is indefinite because the phrase “wherein the senolytic… comprises a skin cell senolytic…” appears to be incomplete and is confusing.
9. Claim 6 is indefinite because it is unclear what is considered to be an “aging factor.” In addition, it is unclear how to determine exactly what is encompassed by a subject in need of “reduction of aging factor or Senescence Associated Secretory Phenotype”. These are relative terms which render the claim indefinite. An individual considered to be “in need” of reduction of these phenotypes 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. Thus, it is unclear which subjects are treated in the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
10. Claim(s) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee (US 2021/0038673).
Lee teaches a method for treating an aging individual by administering a Camellia sinensis root extract to the individual. The reference teaches that the extract is made using aqueous ethanol (see paragraphs 1, 13, and 14, and Example 1).
Although unclear as drafted for the reasons discussed above, applicant’s claims appear to be directed to a method for “senotherapy” by administering a Camellia sinensis root extract to a subject in need thereof where the subject is potentially an subject exhibiting signs of aging. Lee does not specifically teach that the administration of the Camellia sinensis root extract functions as a senolytic agent as claimed or that the subject exhibits aging factors or the Senescence Associated Secretory Phenotype. However, the reference teaches administering the same composition as claimed - a Camellia sinensis root extract - to the same subject as claimed – an individual exhibiting the signs of aging. Thus, the reference method is structurally the same as the claimed method and should inherently result in senolytic senotherapy and reduction in the aging factors and the Senescence Associated Secretory Phenotype if applicant’s invention functions as claimed.
Conclusion
11. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ghosh (J. Invest. Dermatol. (2016 November), vol. 136, no. 11, pp. 2133-2139) discusses the Senescence Associated Secretory Phenotype. Valieva (Diagnostics (2022), vol. 12, no. 2309, 14 pages) discusses senescence-associated beta-galactosidase.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Susan Hoffman whose telephone number is (571)272-0963. The examiner can normally be reached M-Th 8:30am - 5:00pm.
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/SUSAN HOFFMAN/Primary Examiner, Art Unit 1655
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