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, 10-16, 18 and 19 remain 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), Balcdygha tam (X*), Nguyen (A*), “Coconut-info”(U1*), Suguna (V*) and Tiladi Yoga (W*).

Jatyadi Tailam teaches a composition for treating ulcers/healing wounds, healing lacerated wounds and for wound cleansing comprising 1 part Azadirachta indica stem bark, 1 part jasminum officinale leaf, 1 part Trichosanthes dioica leaf, 1 part Pongamia pinnata leaf, beeswax ( which reads on a thickening agent), 1 part Giycyrrhiza 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 lyceum root, 1 part Picrorhiza kurroa Rhizome, 1 part Rubia cordicolia stem, 1 part Pongamia pinnata seed, blue vitriol/copper sulfate ( which reads on a preservative). Water and sesamum indicum (black sesame) oil in the form of a medicated oil ( which reads onn an oil extract of herbs).
Balcdygha tam teaches a composition useful for treating lacerated wounds comprising Glycyrrhiza glabra rizome (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.

It would have been obvious to modify the composition used in the method taught by Jatyadi Tailam by combining a black seasame oil extract of Azadirachta iondica stem bark, Jasminum officinale leaf, Trichosanthes dioica leaf, Pongamia pinnata leaf, Glycyrrhiza glabra stem, Saussurea lappa Rhizome, curcuma longa root, Berberis aristata/ Berberis lyceum root, Picrorhiza kurroa Rhizome, Rubia cordicolia 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 Willd. Flower for treating burns and wounds because at the time the invention was made, it was known that a black sesame oil extract of Azadirachta indica stem bark, Jasminum officinale leaf, Trichosanthes dioica leaf, Pongamia pinnata leaf, Glycyrrhiza glabra stem, Saussurea lappa rhizome, Curcuma longa root, Berberis aristata/ BBerberis asiatica/ Berberis lyceum root, Picrorhiza kurroa Rhizome, Rubia cordicolia stem and Pongamia pinnata seed, beeswax, blue vitriol/copper sulfate, coconut oil, an oil extract of Capsicum fruit extract, an oil extract or terminalia chebbula fruit and an oil extract of Nymphaea Wild. Flower could be used for burns and other wounds, as clearly taught by the above references.

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 would 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.