1. Relevant Extract of USPTO Examination Report
USPTO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report are reproduced below:
“Claims 1 and 2-20 remain rejected under 35 U.S.C. 103(a) as being unpatentable over Bherata Bhijajya Ratnekara (U*), in view of Pu (P, abstract only) and Moonga (Q) (newly applied as necessitated by amendment).
Bherata Bhijajya Ratnekara teaches a composition for treating itching (which is an inflammatory response), eczema (which is a type of inflammation), and pitta dominance conditions (which includes inflammation) comprising cinnamomum zeylanicum (cinnamon) in an amount of 0.33 parts, zingiber officinale (ginger) in an amount of 1 part, curcuma longa (turmeric) in an amount of 1 part and vitis vinifera (whole fruit, grape and rreads on grape skin and grape seed, since whole grape contain both the seed and the skin) in an amount of 1 part and wherein the composition is a powder comprising powders of the above ingredients and wherein the powder can be combined with expressed juice of plants of formulated into a decoction for oral administration.
Although Bherata Bhijajya Ratnekara does not teach his composition has an effect on the instantly claimed biomarker, the claimed functional properties are inherent to the preparation taught by Bherata Bhijajya Ratnekara because the ingredients, the amount of the ingredients, and the route of administration for the delivery of the ingredients taught by Bherata Bhijajya Ratnekara are one and the same as disclosed in the instantly claimed invention of Applicant. Thus, the biomarkers are inherently affected by the composition taught by Bherata Bhijajya Ratnekara.
It would have been obvious to modify the composition taught by Bherata Bhijajya Ratnekara by combining cinnamon, ginger, turmeric and grape skin and seed extract with cayenne pepper and/or oleoresin capsicum and an emulsifier because at the time the invention was made, it was known that cinnamon, ginger, turmeric, grape skin and seed extract, cayenne pepper and oleoresin capsicum were all useful ingredients that could be orally administered to treat inflammation as clearly taught by the above references.
Thus, an artisan of ordinary skill would reasonably expect that combining cinnamon, ginger, turmeric, grape skin and seed extract and capsicum would be even more effective for treating inflammation. This reasonable expectation of success would motivate the artisan to orally administer cinnamon, ginger, turmeric, grape skin and seed extract, cayenne pepper and oleoresin capsicum to treat inflammation based upon the beneficial teachings of the above references.
Applicant arguments filed 06/21/2013 with regards to Bherata Bhijajya Ratnekara, in view of iwashashi are moot in view of the new rejection.”
Full examination report can be referred at 20110305779-II.pdf
2. Outcomes of Examination Report.
As the outcome of TKDL references and other documents cited in examination report, the Examiner again rejected the claims 1-20 on 18.09.2013 Application was abandoned on 26.03.2014.