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 14-23 are rejected under 35 U.S.C. 103 (a) as being unpatentable over “Vaayu Mel Puchu Thylam”(V).

“Vaayu Mel Puchu Thylam” teaches that a composition comprising cashew nut shell oil that has been heated to boiling can be administered for treating gaseous/flatulence (which reads on bloat/bloating). “Vaayu Mel Puchu Thylam” further teaches that the cashew nut shell oil is administered in an amount of 350 grams.

Although “Vaayu Mel Puchu Thylam” does not teach that the cashew nut shell liquid contains anacardic acid, cardanol, or anacardic acid and cardanol, the claimed compounds are inherent to the cashew nut shell liquid taught by “Vaayu Mel Puchu Thylam” because the cashew nut shell oil and heated cashew nut shell oil taught by “Vaayu Mel Puchu Thylam” is one and the same as disclosed in the instantly claimed invention of Applicant. Thus, anacardic acid, cardanol, or anacardic acid and cardanol are inherent to the cashew nut shell oil taught by “Vaayu mel Puchu Thylam”.

It would have been obvious to modify the method taught by “Vaayu Mel Puchu Thylam” by administering cashew nut shell oil that had been heated to a ruminant because at the time the invention was made, it was known that cashew nut shell oil that has been heated could be administered for treating gas/flatulence as clearly taught by “Vaayu Mel Puchu Thylam”.

Thus, an artisan of ordinary skill would reasonable expect that administering cashew nut shell oil that had been heated would be effective in a ruminant, since it was known that cashew nut shell oil that has been heated can be administered to human for treating gas/flatulence and it would be expected that a composition that is safe for humans could safely be administered to a ruminant. This reasonable expectation of success would motivate the artisan to administer cashew nut shell oil that has been heated to a ruminant based upon the teaching or “Vaayu Mel Puchu Thylam”.

Full examination report can be referred at 20110177184.pdf

2. Outcomes of Examination Report.

As the outcome of TKDL references and other documents cited in examination report, the Applicant Chie Suzuki, Kyo Nagashima, Masami Mochizuki/ Japan amended the claims on 17.07.2012.