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 August 13, 2026 has been received and entered. 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 Any rejection set forth in a previous Office action that is not specifically set forth below is withdrawn.
3. Claims 1-4 are pending.
Claim Objections
4. Applicant is advised that should claim 3 be found allowable, claim 4 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim Rejections - 35 USC § 101
5. Claims 1-4 are rejected under 35 U.S.C. 101 because the claimed invention is directed to natural products without significantly more for the reasons set forth in the previous Office action.
All of applicant’s arguments regarding this ground of rejection have been fully considered but are not persuasive. Applicant argues that the claimed combination of ingredients is directed to patent eligible subject matter because the specification demonstrates that the claimed composition is able to produce an improved wound healing effect in comparison with the control group. However, the fact that the claimed composition is able to promote wound healing in comparison with a control group is not considered to show that the claimed composition is markedly distinct in comparison with the closest naturally occurring counterpart. As discussed in the previous Office action, the closest naturally occurring counterpart for each extract is a mixture of the naturally occurring compounds that are present in the extract. In addition, the closest naturally occurring counterpart for collagen, hyaluronic acid, vitamin C, indigestible maltodextrin, oligomerized polyphenols, and flavoring ingredients are the ingredients themselves. Each ingredient in the composition appears to maintain its naturally occurring structure and properties and is merely present in the combination. In addition, there is nothing to show that mixing the ingredients in the particular concentrations produces any sort of marked distinction. The specification describes the control group as the feed for the test subjects. Comparing the combination with the control group is not considered to compare the combination with the closest naturally occurring counterpart because the animal feed is not the closest counterpart. The ingredients in the composition have known wound healing properties; thus, the fact that the combination is able to promote wound healing is not considered to lend the composition a markedly distinct characteristic. Therefore, applicant’s arguments are not persuasive.
6. No claims are allowed.
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 Susan Hoffman whose telephone number is (571)272-0963. The examiner can normally be reached M-Th 8:30am - 5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anand Desai can be reached at 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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/SUSAN HOFFMAN/Primary Examiner, Art Unit 1655
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