Attorney Docket No.: AKBM-14409/US-19/CON
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`PATENT
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`REMARKS
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`Claims 1-6 are pending and under examination following entry of this amendment. All
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`amendments and cancellation of claims are made without acquiescing to any of the Examiner's
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`arguments or rejections, and solely for the purpose of expediting the patent application process
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`and without waiving the right to prosecute the cancelled claims (or similar claims) in the future.
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`The issues and rejections identified in the office action are addressed in order below.
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`The claims are rejected as obvious over Sampalis in view of Manning. Applicant
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`respectfully disagrees for the following reasons.
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`The Examiner reasons that Sampalis teaches krill oil that contains potassium, sodium and
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`calcium and that Manning teaches krill oil and that potassium, sodium and calcium can be
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`important for building muscle.
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`In response to arguments, the Examiner states:
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`The dosage disclosed by Sampalis would have been expected to provide successful
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`results for building muscle mass as disclosed by Manning. The argument that Manning
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`teachings away is also noted but Manning also teachings that omega-3s contained in Krill
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`oil increase vascomotor function, see [0078]—[0079], all lines. Hence there is sufficient
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`teachings which support using krill oil supplements to support muscle function and
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`growth. Especially when taken in combination with Sampalis which teaches potassium in
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`high amounts to be present in krill oil and Manning teaches that muscle mass is
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`increased, therefore.
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`Applicant respectfully submits that there is no evidence that the amount of potassium in the
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`Sampalis krill oil could be sufficient for building muscle mass and that Sampalis does not
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`actually teach a “high amount” of potassium in krill oil as alleged by the Examiner.
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`First, Sampalis provides that krill oil can contain greater than 50mg/ 100g potassium. No
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`actual analytical results are provided for potassium content so the actual content of potassium or
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`upper end of the range is not known.
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`Second, Manning discloses that the range of potassium that would allegedly be necessary
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`for building muscle is “400 mg to about 4000 mg per day, and preferably ranges from about 500
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`-3-
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`Attorney Docket No.: AKBM-14409/US-19/CON
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`PATENT
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`mg to about 3500 mg per day.” These levels of potassium simply are not taught or suggested as
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`being present in krill oil. For example, 50 mg/ 100g potassium in krill oil works out to 5 mg/ 10g
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`krill oil. Even if this amount was increased 10 times, to 50mg/ 10g krill oil, the amount provided
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`in 10 grams of krill oil would be almost 10 times below the 400 mg dosage taught by Manning.
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`Thus, a PO SITA would not conclude that the amount of potassium in krill oil as taught by
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`Sampalis could reasonably increase muscle mass.
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`Accordingly, Applicant respectfully submits that there is no motivation to combine the
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`references as suggested by the Examiner. Applicant furthermore notes and reasserts its previous
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`arguments regarding the specific teaching away from using marine animal oils in Manning.
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`Accordingly, Applicant requests that this rejection be withdrawn.
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`CONCLUSION
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`If a telephone interview would aid in the prosecution of this application, the Examiner is
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`encouraged to call the undersigned collect at (608) 662-1277 .
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`Dated:
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`July 8, 2019
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`/J. Mitchell Jones/
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`John Mitchell Jones
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`Registration No. 44,174
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`Casimir Jones, SC.
`2275 Deming Way, Suite 310
`Middleton, WI, 53562
`(608) 662-1277
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