1. Third Party Submission under Art 37 CFR 1.290

TKDL third party submission under Art 37 CFR 1.290 brought to the notice of examination division the prior art references on the use of Sesamum indicum (sesame), Achyranthes aspera, Musa paradisiaca (banana), Butea monosperma and Hordeum vulgare (barley) for the treatment of urinary calculus from the books – Rasaratnasamuccayah by Vagabhatta (Ayurveda, Exhibit 1), Astanga Hrdaya by Vagabhatta (Ayurveda, Exhibit 2) and Bhaisajya Ratnavali by Govinda Dasa (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:

“Claims 1, 5-7, 9-13 and 15 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Vagabhata “Astanga Hrdaya,” published 1998, IDS reference filed March 24, 2014.
Vagabhata teach a treatment for urinary calculus prepared as a kshar (ash) of equal parts Sesamum indicum, Achyranthes aspera, Musa paradisiacal, Butea monosperma and Hordeum vulgare.

Patankar, Vatsyayan, Ayurveda Sanjeevani and Vagabhata are analogous inventions in the field of herbal ayurvedic treatments for urinary afflictions like kidney stones.

It would have been obvious to one of ordinary skill in the art to include barley (Hordeum vulgare) as a kshar (ash) as taught by Vagabhata because Vatsyayan teaches Ayurvedic texts describe the use of apamarga kshara (ash of whole dried plant) to gain the maximum benefits (page 6, last paragraph).

One would be imbued with the reasonable expectation that combining the anticalculus herb apamarga or apamarga kshara as taught by Vatsyayan and the anticalculus barley kshar of Ayurveda Sanjeevani and Vagabhata with the anticalculus herbal blend comprising varun and banana extract as taught by Patankar would result in a third composition also capable of anticalculus, as each herbal composition is individually taught to have this property.

Claims 2-4 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Vagabhata “ Astanga Hrdaya,” published 1998, IDS reference filed March 24, 2014 as applied to claim 1, 5-7, 9-13 and 15 above, and further in view of Khanuja et al.

It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the herbal composition of Patankar in view of Vatsyayan, Ayurveda Sanjeevani and Vagabhata with the inclusion of cow urine distillate (extract) as taught by Khanuja because Khanuja teach coe urine is known to Ayurvedic medicine for improving general health and cow urine extract has been shown to enhance the bioavailability of other drugs.

It would have been obvious to one of ordinary skill in the art at the time the invention was made to include the cow urine extract of Khanuja in the herbal composition of Patankar in view of Vatsyayan, Ayurveda Sanjeevani and Vagabhata on an equal weight basis, typically 15 to 85%, according to the teachings of Patankar. It would take nothing more than routine experimentation to determine the amount of cow urine distillate is required to enhance the bioavailability of the herbal composition of Patankar in view of Vatsyayan, Ayurveda Sanjeevani and Vagabhata.”

Full examination report can be referred at 20130337057-II.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 1-7, 9-13 and 15 again on 08.05.2015 under pre-AIA 35 U.S.C. 103(a).