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 Ferula foetida (Hing) for the treatment of Worm infestation, Dracunculiasis / Guinea worm and Intestinal worms/Worms infestation / Helminthiasis from the books – Dhanvantarinighantauh by Mahendra Bhaugika (Ayurveda, Exhibit 1), Bhavaprakasa by Bhavamisra (Ayurveda, Exhibit 2), Ikseer Azam, Vol. III by Mohammad Azam Khan (Unani, Exhibit 3) and Aryabhisaka by Sankaradajisastripade (Ayurveda, Exhibit 4).

2. Relevant Extract of USPTO Examination Report

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

“Claims 1-19 are rejected under 35 U.S.C. 102(b) as being anticipated by HG/518 (U).
        HG/518 teaches a therapeutic formulation comprising 12 grams of Ferula foetida regel (asafetida) exudate (which reads on sap and resin, since both are exudates) for treating worm infestation (which reads on an endoparasite that occurs in humans, birds, and the instantly claimed animals), wherein the composition is administered orally, wherein the composition is formulated as a pill or a bolus like sweet preparation in a dosage of 500 mg (which reads on the range claimed by Applicant) and wherein the composition can be administered with ginger, juice or warm water. HG/518 further teaches additional active ingredients for treating the worms formulated with the Ferula foetida regal (asafetida) exudate.
        Although HG/518 does not expressly teach that the parasites are resistant to a substance, the claimed functional properties are inherent to the method and parasites taught by HG/518 because the ingredients, the amounts of the ingredients, and the route of administration for the delivery of the ingredients taught by HG/518 are one and the same as disclosed in the instantly claimed invention of Applicant. Thus, the formulation taught by HG/518 would inherently have the same activity and would have the same effectiveness against resistant parasites as the ingredients claimed by Applicant.
        Therefore, the reference anticipates the instantly claimed invention.”

Full examination report can be referred at 20120231032.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 1-19 on 24.06.2013 under 35 U.S.C 102 (b).