1. Relevant Extract of USPTO Examination Report

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

“Claims 7, 8 and 10-19 are rejected under 35 U.S.C 103(a) as being unpatentable over Jatyadi Tailam (U*), in view of Doka et al. (N*, WO 0033855 A1), Baladyaghrtam (X), Nguyen (A*), “Coconut-info” (U1), Suguna (V*) and Tiladi Yoga (W*) (newly applied as necessitated by amendment).

Jatyadi Tailam teaches a composition for treating ulcers/healing wounds, healing lacerated wounds and for wound cleansing comprising 1 part Azadiracta indica stem bark, 1 part Jasminum officinale leaf, 1 part Trichosanthes dioca leaf, 1 part Pongamia pinnata leaf, beeswax (which reads on a thickening agent), 1 part Glycyrrhiza glabra root, 1 part Saussurea lappa root, 1 part Curcuma longa rhizome (which send out roots and, therefore, contains and reads on root). 1 part Berberis aristata/Berberis asiatica/Berberis lycium root, 1 part Picrorhiza kurroa Rhizome, 1 part Rubia cordifolia stem, 1 part Pongamia pinnata seed, blue vitriol/copper sulfate (which reads on an oil extract of herbs).

Baladyaghrtam teaches a composition useful for treating lacerated wounds comprising Glycyrrhiza glabra rhizome (which reads on stem, since rhizomes are defined as stems) in an amount of 192 grams.

Tiladi Yoga teaches a therapeutic formulation for burns comprising Nymphaea stellate Willd. flower in sesame seed oil, milk and clarified butter.

Although the teachings above do not teach that the composition will protect against amputation, the claimed functional properties are intrinsic to the preparation taught by the above teaches because the ingredients and the route of administration for the delivery of the ingredients taught by the above teachings are one and the same as disclosed in the instantly claimed invention of Applicant. Thus, the compositions taught by the above teachings would inherently protect against amputation.

It would have been obvious to modify the composition used in the method taught by Jatyadi tailam by combining a black sesame oil extract of Azadiracta indica stem bark, Jasminum officinale leaf, Trichosanthes dioica leaf, Pongamia pinnata leaf, Glycyrrhiza glabra stem, Saussurea lappa rhizome, Curcuma longa root, Berberis aristata/Berberis asiatica/Berberis lycium root, Picrorhiza kurroa Rhizome, Rubia cordifolia stem and Pongamia pinnata seed, beeswax, blue vitriol/copper sulfate and water with coconut oil, an oil extract of Capsicum fruit extract, an oil extract of Terminalia chebula fruit and an oil extract of Nymphaea stellate Wild. flower for treating burns and wounds because at the time the invention was made, it was known that a black sesame oil extract of Azadiracta indica stem bark Jasminum officinale leaf, Trichosanthes dioica leaf, Pongamia pinnata leaf, Glycyrrhiza glabra stem, Saussurea lappa rhizome, Curcuma longa root, Berberis aristata/Berberis asiatica/Berberis lycium root, Picrorhiza kurroa Rhizome, Rubia cordifolia stem and Pongamia pinnata seed, beeswax, blue vitriol/copper sulfate and water with coconut oil, an oil extract of Capsicum fruit extract, an oil extract of Terminalia chebula fruit and an oil extract of Nymphaea stellate Wild. flower could be used for burns and other wounds, as clearly taught by the above references.

Applicant’s arguments filed 02/08/2012 have been fully considered but they are not persuasive.

Applicant argues that the unique combination of herbs, as claimed, provides surprising/unexpected therapeutic effects with respect to wound healing, and has proven to be particularly useful for preventing amputation that would be necessary due to complications from various wounds. Applicant further argues that the combination of ingredients taught by Jatyadi Tailam is different from than that claimed by Applicant’s instantly claimed invention. Applicant further argues that the ratio of ingredients are different and that only one oil is taught, not a combination of oils and that the oils contribute to the unexpected effect. Applicant further argues that the other references do not cure the deficiencies of Jatyadi tailam.

However, this is not found persuasive because Jatyadi tailam clearly teaches the combination of the majority of ingredients as claimed by Applicant and that these ingredients are useful for the same purpose as that claimed by Applicant. The additional ingredients are well known in the art to have the same functional effect of topical wound healing. Therefore, combining ingredients that can be applied topically and are well known for wound healing be expected to provide an even more effective composition for wound healing. Therefore, these references are reapplied as set forth above.

Full examination report can be referred at 20100178367.pdf

2. Outcomes of Examination Report.

As the outcome of TKDL references and other documents cited in examination report, the Applicant Manish Saxena, New Delhi, India amended the claims on 11th June 2012 and 10th July 2012. Examination of the application is under progress and reply from the Applicant is still awaited.