1. Third Party Submission under Art 37 CFR 1.99

TKDL third party submission under Art 37 CFR 1.99 brought to the notice of examination division the prior art references on the use of Linum usitatissimum (Linseed) for the treatment of Cough, Bronchial asthma and Bronchitis from the books –  Brhata Nighantu Ratnakara  (Saligramanighantubhusanam) - Compiled by Gangavishnua Sri Krisna Dasa (Ayurveda, Exhibit 1), Khazaain-al-Advia, Vol II  by Mohammad Najmul Ghani Khan (Unani, Exhibit 2), Ayurveda Sarasamgrahah - Shri Baidyanath Ayurveda Bhavan Limited (Ayurveda, Exhibit 3,4), Al-Qaanoon-fil-Tibb, Vol. II by Abu Ali Ibn-e-Sina; (Unani, Exhibit 5), Rasayoga Sagara - Compiled and Translated by Vaidya Pandita Hariprapanna Ji ,  Vol.-II ((Ayurveda, Exhibit) 6, Yugi Munivar Vaithiya Chinthamani by Yugi (Siddha, Exhibit 7) and Sodhalanighantau by Sodhala (Ayurveda, Exhibit 8).

2. Relevant Extract of USPTO Examination Report

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

“Claims 1-7 are rejected under 35 U.S.C.  102(b) as being anticipated by Laooq Katan (U). Laooq Katan teaches a method of administering a composition for treating bronchial asthma (Which reads on acute lung inflammation and acute lung injury) comprising whole seed  of Linium usitatissimum (linseed, which is synonymous with flaxseed and reads on a whole grain flaxseed) in an amount of 480 grams that has been combined with honey and is soaked in water overnight, boiled to remove the water, the mixture is strained, adding sugar and boiling the resulting solution to provide a desired consistency to provide an oral formulation (which also reads on bioactive ingredients and would inherently contain flaxseed lignin complex and seciosalariciresinol diglucoside, since these bioactive ingredients can be extracted from flaxseed with water) and is administered in an amount of 12-24 grams (which reads on a therapeutically effective amount) with an adjuvant of water.

Although Laooq Katan does not expressly teach the mechanisms by which the flaxseed or its bioactive ingredients function, the claimed functional properties are inherent to the preparation taught by Laooq Katan because the ingredients, the amounts of the ingredients, and the route of administration for the delivery of the ingredients taught by Laooq Katan are one and the same as disclosed in the instantly claimed invention of Applicant.  Thus, mechanisms by which the flaxseed or its bioactive ingredients function are inherent to the composition taught by Laooq Katan. Therefore, the reference anticipates the instantly claimed subject matter.”

Full examination report can be referred at 20100239696.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 1-7 on 06.01.12 under 35 U.S.C 102 (b).