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 .
Response to Amendment
Upon entry of the amendment filed on 17 December 2025, Claim(s) 10-12 and 15-19 are withdrawn and Claim(s) 20 is/are added. The currently pending claims are Claims 1-20.
Based on applicants’ remarks, the 102 rejections based on Zheng are withdrawn. However, they are not found persuasive regarding the Sotzing reference and the rejections are maintained.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-9, 13, 14 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sotzing (US2021/0322365A1, cited in the IDS).
Claims 1-9: Sotzing discloses a composition comprising a cannabinoid polymer and zinc (abs, 16, 64, 65, 109-11, 169-173, Table 1 with accompanying text and examples, especially example 14). The Sotzing reference discloses the claimed invention with the feature of the cannabinoid polymer and zinc but does not disclose the composition with the claimed elements with enough specificity to anticipate the claimed invention. Nevertheless, given that Sotzing discloses the cannabinoid polymer and zinc, it would have been obvious to one of ordinary skill in the chemical art at the time of the invention to utilize any of the taught components since Sotzing teaches each one and is motivated to select the components based on the desired features of the end-product such as pharmaceutical applications. Therefore, it would have been obvious to one of ordinary skill in the art to pursue the known potential solutions with a reasonable expectation of success since the reference is directed to a similar field of endeavor. It is also noted that the fact that many components are disclosed would not have made any of them, such as the cannabinoid polymer and zinc, less obvious. Here, Sotzing discloses each of the claimed components and there is no evidence nor teaching that the selection of the claimed components would be repugnant to a skilled artisan. Further, obviousness only requires a reasonable expectation of success. See MPEP 2143.
Claims 1, 6 and 20: Regarding the claimed metal, particle form and oxidizable feature, it is noted that zinc is metal, Sotzing discloses a solid/flaky/crystalline feature, and the oxidizable feature is construed as an inherent property of Zn - thus the claimed limitations are met under BRI (¶104-118 and 155-168).
Claims 13 and 14: Sotzing discloses the film application (¶128-141).
Response to Arguments
Applicant’s arguments, see pg. 8 and 9, filed 17 December 2025, with respect to Zheng have been fully considered and are persuasive. The 102 rejection has been withdrawn.
Applicant's arguments filed 17 December 2025 regarding the Sotzing reference have been fully considered but they are not persuasive.
Applicant argues that Sotzing does not teach the combination of the polycannabinoid with a zinc metal, the particulate form or oxidizable feature (pg. 9-10). Further, Applicant argues the unexpected results as based on example 3 of the specification (pg. 10).
The examiner respectfully disagrees and notes that zinc is metal, Sotzing discloses a solid/flaky/crystalline feature, and the oxidizable feature is construed as an inherent property of Zn - thus the claimed limitations are met under BRI (¶104-118 and 155-168). Applicant seems to argue that Zn is in its elemental state; however, the instant claims do not seem to reflect such (narrower) limitation. Regarding example 3, the examiner notes that it is unclear how the unexpected results are exhibited since comparative showings are not provided. Applicant is welcome to provide any evidence that the claimed composition would provide any criticality and/or enhanced benefits.
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.
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/TRI V NGUYEN/Primary Examiner, Art Unit 1764