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 Mentha piperita (Peppermint), Prunus dulcis (almond) and Nelumbo nucifera (lotus) for the treatment of Dry cough, Bronchial asthma and Rhinitis from the books – Kitaab-al-Haawi-fil-Tibb, Vol.XXI Part I by Abu Bakr Mohammad.Bin Zakariyya Al-Razi (Unani, Exhibit 1), Muheet-e-Azam, Vol. I by Mohammad Azam Khan (Unani, Exhibit 2) and Rasarajamahaudadhi ( part-5) by Bhagat Bhagavanadasa (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:
“ 3rd Party Submission
Examiner notes the presence of a 3rd party submission, which references are discussed in the rejection below.
Claim 7-18 are rejected under pre-AIA 35 U.S.C. 103 (a) as being unpatentable over Abu Bakr Mohammad (Kitaab-all-Haawi-fil-Tibb, Vol XXI, Part I, pgs 4-7, 1968), Mohmmad Azam Khan (Muheet-e-Azam, Vol I, pgs 8-11, 1896), Agathiayr ( Agasthiyar 2000 Vol III, pgs 12-17, 1963), Liang et al (US Pregrant Pub 2002/0031559), and Chae et al ( KR 2009084159 A).
Abu Bakr Mohammad teaches Mentha Piperita is used for the treatment of bronchial asthma through oral administration.
Mohmmad Azam Khan teaches Prunus Dulcis is used for treatment of dry cough and bronchial asthma through oral administration.
Agathiayr teaches the use of Nelubmo Nucifera for treatment of rhinitis through oral administration.
Claims 7-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 6,958,162 in view of Abu Bakr Mohammad (Kitaab-al-Haawi-fill-Tibb, Vol XXI, Part I, pgs 4-7, 1968), Mohmmad Azam Khan ( Muheet-e-Azam, Vol I, pgs 8-11, 1896), Agathiayr (Agasthiyar 2000 Vol III, pgs 12-17, 1963).”
Full examination report can be referred at US20130095171.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 7-18 on 17-Dec-13.
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