1. Third Party Submission under Art 37 CFR 1.290
TKDL third party submission under Art 37 CFR 1.290 brought to the notice of examination division the prior art references on the use of Sesamum indicum, Piper nigrum, Piper longum, Vitis vinifera, Foeniculum vulgare, Syzygium aromaticum (all source of Salicylic acid), Sodium Chloride, Sodium bicarbonate (trona salt), Mercury, Sulphur, Copper, Citrus limon (lemon), Commiphora mukul, Citrus sinensis (orange) and Commiphora myrrha as suppuration of wound/ripening of wound and for the treatment of colic, intercostals neuralgia, colic due to indigestion, hyperacidity, bodyache, dyspepsia/lose of appetite, chest burning sensation from the books – Basavarajiyam by Basavaraja (Ayurveda, Exhibit 1 & 2) and Rasatantrasarah Evam Siddhaprayogasamgrahah;- part II (Ayurveda, Exhibit 3).
2. Relevant Extract of USPTO Examination Report
USPTO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report are reproduced below:
“Claims 1-19 are rejected under 35 U.S.C. 103(a) as being unpatentable over Basavaraja (Published 2005 and filed by 3rd party).
Basavaraja discloses a homeopathic remedy for ailments including colic, abdominal cramps, stone in urinary bladder, etc (See page 11 if the translated version).
The ingredients of plant origin are dried and made into powder and mixed with minerals. It is disclosed that the usefulness of Sodium Chloride (homeopathic ingredient), Sesamum indicum Linn. (source of Salicylic acid), Sodium bicarbonate (trona salt), Piper nigrum Linn. ( source of salicylic acid), Piper longum Linn. (source of salicylic acid), Mercury (homeopathic ingredient), Sulphur (homeopathic ingredient), Copper (homeopathic ingredient), Citrus limon (Linn.) Burn.f. (homeopathic ingredient), Commiphora wightii Bhandari Syn:C.mukul (homeopathic ingredient), Citrus sinensis (Linn.) Osbeck (homeopathic ingredient and source of salicylic acid), Vitis vinifera Linn. (source of salicylic acid), Foeniculum vulgare Mill. (source of salicylic acid) Syzygium aromaticum (Linn.) (source of salicylic acid), Commiphora myrrha (Myrrh) have been used as suppuration of wound/ripening of wound and for the treatment of colic, intercostals neuralgia, colic due to indigestion, hyperacidity, bodyache, dyspepsia/lose of appetite, chest burning sensation through oral administration is well known in the Indian System of Medicine. The amounts of each ingredient is disclosed on page 10 (See pages 10 and 4 of the document filed).
Basavaraja does not anticipate the claimed formulations because Basavaraja does not exemplify a formulation comprising all claimed ingredients. However Basavaraja provides sufficient teaching to one of ordinary skill in the art to make and use the invention as claimed.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have selected the specific agents as claimed from within the disclosure of Basavaraja with reasonable expectation of success.”
Full examination report can be referred at 20140106002.pdf
3. Outcomes of Third Party Submission & Examination Report
As the outcome of TKDL third party and other documents cited in examination report, the examiner decided to reject the claims 1-19 on 06.01.2015 under 35 U.S.C 103 (a).