20090269398

Ref: Examiner(s) Comments in the Examination Report Dated: 18th January 2012 in the context of Patent Publication No. 20090269398 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 19-21, 23-31 and 39 are rejected under 35 U.S.C 103(a) as being unpatentable over the Traditional Knowledge Digital Library (, search pages 1-334 attached).

Based upon a search of the Traditional Knowledge Digital Library, each of the constituents of the instantly claimed invention are known constituents of traditional Indian medicine composition.

Turning back to Traditional Knowledge Digital Library the examiner has provided 334 pages describing various formulations that each include the active ingredient Wrightia tictoria and coconut. In addition the specific formulations that are noted as semi-solid preparation”” are underlined throughout for convenience. The specific Indian traditional medicinal preparations which are indicated as semi-solid preparations and include each of the following ingredients: (1) Wrightia tinctoria; (2) terminalia chebula; (3) Terminalia belerica; (5) Emblica officinalis; (5) coconut; and (6) ginger, are as follows (i) kannoikku thylam (p. 286), (ii) Rana Iya Noikku ILAGAM (p.295), (iii) Panduvirkku karisalai ILAGAM (p.299), (iv) Megaransanga Legium (p. 304), (v) Naakaravinthaathi Mega Kaamesura ILAGAM (p.309), and (vi) Maha Mega Rasangam (p.315). Additionally it is noted that additional pharmaceutically acceptable excipients are include, for example, sugar and honey in (ii) Rana Iya Noikku ILAGAM (see p. 296, item 41 & 42).

Claims 1-3, 5-8, 10-13,19-21, 23-31 and 39 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1 of US patent no. 7,666,450) in view of ANSEL (“pharmaceutical Dosage Forms and Drug Delivery Systems,” pp.179-228,224 and 245”); SHAH (US 5,693,327; published December, 1997); Traditional Knowledge Digital Library (, search pages 1-334 attached).”

Full examination report can be referred at 20090269398.pdf

2. Outcomes of Examination Report.

As the outcome of TKDL references and other documents cited in examination report, the Applicant Vilambi NRK Reddy,US, failed to response to an office action and the application was abandoned on 14th August 2012.