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 .
Election/Restrictions
Applicant’s election of Group II, claims 17-26, directed to a composition for inducing rejuvenation of at least one cell in the reply filed on 7/23/26 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Examiner notes that claims 17-21 and 27-31 are directed towards inducing rejuvenation of at least one cell, while 22-26 and 32-36 are directed towards the composition/method of reducing the epigenetic age of a subject. As claims 17-21 and 27-31 are directed to the elected composition, claims 17-21 and 27-31 are under examination herein.
Claims 22-26 and 32-36 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/23/26.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
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.
Claims 17-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ochrombel (WO2019206820A1). While Ochrombel shares a common assignee, it was published more than 1 year before the effective filing date of instant application and therefore is valid prior art under 35 USC 102(a)(1).
Regarding claims 17-18, Ochrombel teaches preparations (compositions) comprising at least one probiotic B. subtilis strain and a peptide from 2-10 amino acids (claim 1). Ochrombel teaches the dipeptide can be Glycine-Glutamine, Glycine-Glutamic acid, Alanine-Glutamine, Alanine-Glutamic acid and its acetylated forms (claim 4). Ochrombel teaches the preparation can be used to enhance health status, in particular gut health, cardiovascular health, healthy weight management or immune health of an animal or a human being (administrating a composition) (p7 last 2 paragraphs).
The recitation that the composition is “for inducing rejuvenation of at least one cell” is a statement of intended use (see MPEP 2111.02). MPEP 2111.02 “To satisfy an intended use limitation which is limiting, a prior art structure which is capable of performing the intended use as recited in the preamble meets the claim” see MPEP 2111.02.
Regarding claims 19, Ochrombel teaches the composition can comprise curcuma and green tree extract (p8-9 bridging paragraph).
Regarding claim 20, Ochrombel teaches the composition can comprise Bacillus subtilis DSM 32315, Bacillus subtilis DSM 32540, or Bacillus subtilis DSM 32592 (claim 2).
Regarding claim 21, Ochrombel teaches wherein the total amount of probiotic strain and amino acid or oligopeptide is at least 40 weight-% (claim 5).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 27-31 are rejected under 35 U.S.C. 103 as being unpatentable over Ochrombel (WO2019206820A1) and Matsubara (JP2020080856A). While Ochrombel shares a common assignee, it was published more than 1 year before the effective filing date of instant application and therefore is valid prior art under 35 USC 102(a)(1).
Regarding claims 27-28, Ochrombel teaches preparations (compositions) comprising at least one probiotic B. subtilis strain and a peptide from 2-10 amino acids (claim 1). Ochrombel teaches the dipeptide can be Glycine-Glutamine, Glycine-Glutamic acid, Alanine-Glutamine, Alanine-Glutamic acid and its acetylated forms (claim 4). Ochrombel teaches the preparation can be used to enhance health status, in particular gut health, cardiovascular health, healthy weight management or immune health of an animal or a human being (administrating a composition) (p7 last 2 paragraphs).
Ochrombel does not explicitly teach rejuvenation of cells.
Matsubara teaches an aging inhibitor consisting of B. subtilis (abstract). Matsubara teaches that 11 indicia can be improved by administration of the composition, (1) decrease in activity, 2)decrease in passivity, 3) deterioration of luster of hair, 4) covering Increased hair coarseness, 5) hair loss, 6) skin ulcer and crust formation, 7) blepharitis and erosion ofthe skin around the eye, 8) corneal opacity, 9) corneal ulcer, 1 0) cataract, (11) Enhancement of anterior-posterior curvature of the spine (p5-7). Matsubara teaches that the onset of diarrhea can be inhibited due to the rescue (rejuvenation) of the intestinal tract (p7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the composition of Ochrombel for inhibition of aging as taught by Matsubara. One of ordinary skill in the art would be motivated to do so because Ochrombel and Matsubara teach the same active ingredient and Matsubara teaches the composition is effective for the rejuvenation of cells. There would be a reasonable expectation of success as both Ochrombel and Matsubara are in the same field of endeavor of B. subtilis.
Regarding claim 29, Ochrombel teaches the composition can comprise curcuma and green tree extract (p8-9 bridging paragraph).
Regarding claim 30, Ochrombel teaches the composition can comprise Bacillus subtilis DSM 32315, Bacillus subtilis DSM 32540, or Bacillus subtilis DSM 32592 (claim 2).
Regarding claim 31, Ochrombel teaches wherein the total amount of probiotic strain and amino acid or oligopeptide is at least 40 weight-% (claim 5).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TREVOR L KANE whose telephone number is (571)272-0265. The examiner can normally be reached M-F 7:00 am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Louise Humphrey can be reached at 571-272-5543. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TREVOR KANE/Examiner, Art Unit 1657
/ROBERT J YAMASAKI/Primary Examiner, Art Unit 1657
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