Ref: Examiner(s) Comments in the Examination Report Dated: 25.02.2013 in the context of Patent Publication No. 20110305779 at USPTO

1. Relevant Extract of USPTO Examination Report

USPTO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report are reproduced below:

“Claims 1-20 are rejected under 35 U.S.C. 103(a) as being unpatentable over Bharata Bhijajya Ratnekara (U), in view of lwahara et al. (O).
           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, zngiber 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 b oth 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 or 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 amounts of the ingredients, and the route o f 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.

           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 and capsicum to treat inflammation based upon the beneficial teachings of the above references.”

Full examination report can be referred at 20110305779-I.pdf

2. Outcomes of Examination Report.

As the outcome of TKDL references and other documents cited in examination report, the Examiner decided to reject the claims 1-20 on 25-Feb-13.