1. Relevant Extract of USPTO Examination Report

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

“Claims 1-3 and 11 are rejected under 35 U.S.C. 103(a) as being unpatentable over Uccatadyamodakah (In Vangasena; Shankar et aI., Eds.; Bombay, India, 1996; p. 236; cited as Exhibit 1 in the IDS of 29 March 2013) and Nilakamala Kanda Gunah (Kaiyadeva, Nilakamala Kanda Gunah.

       Uccatadyamodakah (In Vangasena; Shankar et aI., Eds.; Bombay, India, 1996; p. 236; cited as Exhibit 1 in the IDS of 29 March 2013) teaches a method of stimulating in a subject a feeling of satiation with a therapeutic formulation comprising Mucuna pruriens (seeds), in an amount of 192 g, the seeds being dried and grounded in a mortar, with the addition of other ingredients and of water to make a soft paste, the formulation being administered as bolus like sweet pills in an amount of 48 grams (which reads on a therapeutically effective amount).

       Uccatadyamodakah teaches the administration is oral, in the evening, on empty stomach (before the subject eats a meal, as in claim 11).

       Uccatadyamodakah does not teach a method of stimulating of feeling of having already eaten with a combination of an extract from Mucuna pruriens and Nelumbo nucifera.

       Nilakamala Kanda Gunah (Kaiyadeva, Nilakamala Kanda Gunah. In Kaiyadevanighantau; Sharma et aI., Eds.; Varanasi, India, 1979; p. 268-269; cited as Exhibit 3 in the IDS of 29 March 2013) teaching a method of stimulating in a subject a feeling of satiation with a therapeutic formulation comprising Nelumbo Nucifera.

       It would have been obvious to a person of ordinary skill in the art at the time the invention was made to combine an extract of Mucuna Pruriens and an extract of Nelumbo nucifera, in a therapeutic formulation used to stimulate a feeling of having already eaten , and administer said formulation 90 minutes before the subject eats a meal.

       Even though Uccatedamodakah does not specifically teach that an extract of Mucunna pruriens contains L-Dopa, the L-Dopa content is an inherent property of the seeds of Mucnna pruriens, known at the time the invention was made. as evidenced by Van Der Glessen et al, (US2006/0165822, published, 27July 2006, cited in the IDS of 14 October 2011, see Abstract, [0016], Mucuna pruriens used either as seed powder or as extract, also [0022]).

       Similarly, even though Nilakamala Kanda Gunah does not specifically teach that an extract of Nelumbo nucifera contains an aporphine alkaloid such as nuciferine, the nuciferine content is an inherent property of the Nelumbo nucifera seed extract, known at the time the invention was made, as evidenced by Mukherjee et al. (1. Pharm. Pharmacol. 2009, 61, 407-422, cited in PTO-892, see page 409, left column, lines 7 and 9, and page 410, Figure 1, bottom left structure).

       Claims 12 and 13 are rejected under 35 U.S.c. 103(a) as being unpatentable over Uccatadyarnodakah (In Vangasena; Shankar et aI., Eds.; Bombay, India, 1996; p. 236; cited as Exhibit 1 in the IDS of 29 March 2013) and Nilakamala Kanda Gunah (Kaiyadeva, Nilakamala Kanda Gunah.

       Uccatadyamodakah and Nilakamala Kanda Gunah are as above.”

Full examination report can be referred at 20120115891-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 1-3 and 11-13 on 25-Oct-13. Applicant amended the claims on 25-Feb-2014.