Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10 November 2025 has been entered.
Applicant’s amendment of 10 November 2025, in which claim 33 has been amended, is acknowledged.
Claims 33, 41, 43-44 are pending in the instant application.
Claims 33, 41, 43-44 are examined herein.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 10 November 2025 is acknowledged and considered.
Response to arguments of 10 November 2025
Applicant’s arguments (Remarks of 10 November 2025, pages 4-7) against the rejections of claims 33, 41, 43-44 under 35 U.S.C. 103 over Morita and Murai, in view of Fillmore, in further view of Masso; and over Morita and Aoyanagi, in view of Steggall, in further view of Masso, have been considered.
On 10 November 2025, Applicant has amended claim 33 by adding the limitation that the method results in a lower brain-to-plasma ratio of trimetazidine than from the administration of an equivalent amount of trimetazidine and wherein the method thereby results in fewer Parkinsonian symptoms in the subject than from the administration of an equivalent amount of trimetazidine. Applicant’s arguments (pages 4-7) are focused on this newly added limitation.
New rejections are made below, based on Applicant’s amendment of 10 November 2025.
It is noted that the claims are drawn to a method of improving cardiac function in a subject suffering from heart failure, comprising administering to the subject a therapeutically effective amount of a compound of formula (IX). Since it is known that attaching an ethylene glycol (CH2CH2O)nH linker to the piperazine N in TMZ results in a compound more effective than TMZ as coronary vasodilator (Morita Figure 2), and having better PK compared to TMZ (Fig. 1, Morita, n2-TMZ is excreted more slowly than TMZ over a long period of time), a person of ordinary skill in the art would have reasonably expected that such a compound having better vasodilator properties and better PK properties than TMZ will be more effective than TMZ in treating heart failure.
Regarding the now claimed brain-to-plasma ratio of trimetazidine, see new matter rejection below. Even if the brain-to-plasma ratios compared were those of compound (IX) vs. TMZ (for which support exists in the Specification), each brain-to-plasma ratio is calculated by measuring the concentrations of the compounds in the brain and plasma after administration of the compounds. Since prior art teaches administration of compound IX, the claimed limitation brain-to-plasma ratio appears to be a result or property of the administration of
PNG
media_image1.png
200
400
media_image1.png
Greyscale
. As such, the claimed limitations appear to be met by the prior art. Applicants are reminded that the office does not have the facilities and resources to provide the factual evidence needed in order to establish that the product of the prior art does not possess the same material, structural and functional characteristics of the claimed method. In the absence of evidence to the contrary, the burden is on the applicant to prove that the function of the product is different from those taught by the prior art and to establish patentable differences. See In re Best 562F.2d 1252, 195 USPQ 430 (CCPA 1977) and Ex parte Gray 10 USPQ 2d 1922 (PTO Bd. Pat. App. & Int. 1989).
Further, the ability to cross the blood brain barrier is an inherent characteristic of a compound. It is noted that compound IX is more hydrophilic than trimetazidine and thus less likely to cross the blood-brain barrier, thus a lower brain-to-blood ratio for compound IX than that seen with TMZ, is expected.
New and modified rejections are made below, based on Applicant’s amendment of 10 November 2025.
Objection to the Specification
The Specification is objected to because, on page 95, lines 1-2, the text
PNG
media_image2.png
64
650
media_image2.png
Greyscale
contains a mistake. The value 2.33 is calculated based on the data in Table 68, which refer to TMZ-treated rats; as such, the first sentence is correct.
The value 1.32 is calculated based on the data in Table 69, which refer to CV-8814-treated rats. That means that the second sentence should read --The average B:P ratio for CV-8814 -treated rats was
PNG
media_image3.png
22
92
media_image3.png
Greyscale
--
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL--The specification shall contain a written description of theinvention, and of the manner and process of making and using it, in such full, clear, concise,and exact terms as to enable any person skilled in the art to which it pertains, or with which itis most nearly connected, to make and use the same, and shall set forth the best modecontemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of themanner and process of making and using it, in such full, clear, concise, and exact terms as toenable any person skilled in the art to which it pertains, or with which it is most nearlyconnected, to make and use the same, and shall set forth the best mode contemplated by theinventor of carrying out his invention.
Claims 33, 41, 43-44 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claimscontain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor had possession of the claimed invention. This is a new matter rejection.
Amended claim 33 is drawn to
PNG
media_image4.png
448
652
media_image4.png
Greyscale
The original Specification does not disclose that cardiac function is improved in a subject from oral administration of CV-8814 (compound of formula IX in claim 33) at a greater level than from the administration of an equivalent amount of trimetazidine TMZ,
wherein the method results in a lower brain-to-plasma ratio of trimetazidine than from the administration of an equivalent amount of trimetazidine, as now claimed.
The original Specification (substitute Specification of 04/20/2020) discloses (page 84)
FIG. 54 is a graph showing levels of trimetazidine after intravenous administration of trimetazidine at 2 mg/kg (squares).
FIG. 55 is a graph showing levels of CV-8814 after intravenous administration of CV-8814 at 2.34 mg/kg (squares).
FIG. 57 is a graph showing levels of CV-8814 after intravenous administration of CV- 8814 at 2.34 mg/kg (squares) or oral administration of CV-8814 at 2.34 mg/kg (triangles).
Data in Table 58, page 84, shows the metabolism of CV-8814 and TMZ in dogs:
PNG
media_image5.png
80
986
media_image5.png
Greyscale
PNG
media_image6.png
50
976
media_image6.png
Greyscale
PNG
media_image7.png
140
972
media_image7.png
Greyscale
It is noted AUC0-24 achieved with iv CV-8814, and the AUC0-24 achieved with iv TMZ.
It is noted, based on the data in Table 58, that AUC0-24 achieved with iv CV-8814 is greater than AUC0-24 achieved with oral CV-8814, as expected. Oral bioavailability is calculated as 63%.
There is no data showing a comparison between cardiac function in a subject upon oral administration of CV-8814 and cardiac function upon the administration of an equivalent amount of trimetazidine TMZ.
Regarding the brain-to-plasma ratio, the Specification teaches (page 93, last paragraph) that the brain-to-plasma ratio of trimetazidine and CV-8814 (compound of formula IX in instant claim 33) was analyzed after intravenous administration of the compounds to rats.
The Specification teaches (page 94) that the concentrations of compounds in the brain and plasma were analyzed 2 hours after administering compounds at 1 mg/kg to rats. Results from trimetazidine-treated rats are shown in Table 68. Results from CV-8814-treated rats are shown in Table 69.
The Specification teaches (page 95, first 2 lines) that the calculated B:P ratio for trimetazidine in trimetazidine-treated (iv administration 1 mg/kg) rats was 2.32 (average over 3 rats). This calculated ratio is based on data in Table 68.
The Specification teaches (page 95, first 2 lines) that the calculated B:P ratio for CV-8814 in CV-8814-treated (iv administration 1 mg/kg) rats was 1.32 (average over 3 rats). This calculated ratio is based on data in Table 69.
As such, there is no direct comparison between brain-to-blood ratios of trimetazidine achieved upon oral administration of CV-8814 vs. administration of an equivalent amount of TMZ, as in the instant claims of 10 November 2025.
The amendment to claims 33, 41, 43-44 constitutes new matter because there is no explicit or implicit support for the added limitations. Cancellation of the new matter is required.
Claim Rejections- 35 USC 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim interpretation: the recitation “an equivalent amount of trimetazidine” in claim 33 is interpreted to mean a comparable amount (as in Specification, page 25).
Claims 33, 41, 43-44 are rejected under 35 U.S.C. 103 as being unpatentable over Morita et al. (US 4,574,156 of 4 March 1986, cited in PTO-892 of 6 April 2022) and Murai et al. (US 4,100,285, cited in IDS), in view of Fillmore et al. (British Journal of Pharmacology 2014, 171, 2080-2090, cited in PTO-892 of 23 January 2020), in further view of Masso et al. (Therapies 2005, 60 (4), 419-422, cited in PTO-892 of 25 October 2024).
Morita (US 4,574,156) teaches that compound n2-TMZ (column 11, lines 13-15) below
PNG
media_image8.png
212
636
media_image8.png
Greyscale
where R is methoxy and n = 2,
is superior to trimetazidine TMZ
PNG
media_image9.png
172
288
media_image9.png
Greyscale
as being excreted over a long period of time (Figure 1, also column 11, lines 5-22),
and is superior to TMZ as a long-acting vasodilator having both peripheral blood vessel vasodilator action (Figure 2, column 11, lines 23-42) and coronary artery vasodilator action (column 11, lines 43-65).
Morita specifically teaches (Figure 2, also column 11, lines 35-38) that n2-TMZ, even at a dose of 13.3 mg/kg, is more effective than a similar dose (10 mg/kg) of TMZ in mice.
PNG
media_image10.png
255
389
media_image10.png
Greyscale
Thus, Morita clearly teaches that compound n2-TMZ is superior to trimetazidine (TMZ) as coronary and peripheral vasodilator (Morita, column 11); further, compound n2-TMZ is superior to TMZ in terms of PK (Fig. 1, Morita), being excreted more slowly over a long period of time.
Morita administers n2-TMZ as a pharmaceutical composition, as in instant claim 41, intravenously, at a dose of 13.3 mg/kg in rats (column 11, lines 23-37) or 20 mg/kg in dogs (column 11, lines 43-55).
Morita teaches that trimetazidine TMZ is a coronary vasodilator (column 1, lines 19-23) and the compounds of the invention specifically n2-TMZ have excellent drug efficacy (column 1, lines 39-43) and improve the duration in blood of TMZ administered (column 1, lines 23-26) without losing its action as coronary vasodilator.
Morita does not specifically teach that the compound n2-TMZ above, or a pharmaceutical composition thereof, is effective to treat heart failure, as in the instant claims.
Morita does not specifically teach tablets comprising the compound above, as pharmaceutical compositions for oral administration, as in instant claims, administered at a dosage of 1 mg/kg/day to 10 mg/kg/day, as in instant claim 44.
Morita does not teach that compound n2-TMZ induces Parkinsonian symptoms in the subject upon administration.
Murai (US 4,100,285) teaches the following compound (Examples 10a-f, column 4-5)
PNG
media_image1.png
200
400
media_image1.png
Greyscale
, which is the very compound (IX) of instant claim 33,
as having excellent pharmacodynamics effects on the coronary circulation system such as coronary artery vasodilative action or cardiac movement controlling action, useful in medicinal preparations (column 1, lines 19-24). Such medicinal preparations are pharmaceutical compositions, as in instant claim 41. Murai teaches (column 1, lines 30-32) administration of the compounds of the invention into the human body by internal administration (column 1, lines 28-31), which encompasses oral administration, as in instant claims, at a recommended dose 10 to 500 mg/day for internal administration, which overlaps with the dose in instant claim 44 (1 mg/kg/day to 10 mg/kg/day, which, for a human weighing 70 kg, corresponds to 70 mg/day to 700 mg/day).
Thus, Murai teaches that the compound above is a coronary artery vasodilator.
Murai teaches (Table 1, Example 10) the cardiovascular activity of the compound above measured according to Langedorff’s method by using the removed guinea pig heart: at a concentration of 10-4 g/ml, the compound above is effective to reduce coronary perfusion pressure by 4.4%, and is effective to reduce heart movements amplitude and to reduce heart rate by 10.7%.
Murai does not specifically teach that the compound above, or a pharmaceutical composition thereof, is effective to treat heart failure, as in the instant claims.
Murai does not specifically teach tablets comprising the compound above, as pharmaceutical compositions for oral administration, as in instant claims, administered at a dosage of 1 mg/kg/day to 10 mg/kg/day, as in instant claim 44.
Murai does not teach that
PNG
media_image1.png
200
400
media_image1.png
Greyscale
induces Parkinsonian symptoms in the subject upon administration.
Fillmore teaches (Figure 3) that trimetazidine improves cardiac function in heart failure.
Masso et al. (Therapies 2005, 60 (4), 419-422) teaches (Abstract) that trimetazidine induces Parkinsonism in some of the patients.
It would have been obvious to administer
PNG
media_image1.png
200
400
media_image1.png
Greyscale
in a method of treating heart failure, because Murai teaches that the compound above has excellent coronary artery vasodilative action, Morita teaches that compound n2-TMZ and trimetazidine (TMZ) are coronary vasodilators, and Morita teaches that n2-TMZ is superior to TMZ as a long-acting vasodilator, and Fillmore teaches that TMZ (taught by Morita to be a coronary vasodilator) is effective to treat heart failure and improves cardiac function in heart failure.
Since coronary vasodilator (Morita) trimetazidine (TMZ) is taught by Fillmore to be effective to treat heart failure/improve cardiac function in heart failure, the person of ordinary skill in the art would have administered
PNG
media_image1.png
200
400
media_image1.png
Greyscale
, a compound structurally similar to TMZ, to a patient suffering from heart failure, with the expectation that the compound above, which is taught by Murai to be a coronary vasodilator, is effective to treat heart failure and improve cardiac function in heart failure. Since it is known that compound n2-TMZ is more effective than TMZ as coronary vasodilator, and has better PK compared to TMZ, a person of ordinary skill in the art would have reasonably expected that
PNG
media_image1.png
200
400
media_image1.png
Greyscale
will have better vasodilator properties and better PK properties than TMZ and will be more effective than TMZ in treating heart failure.
Further, the person of ordinary skill in the art would have administered
PNG
media_image1.png
200
400
media_image1.png
Greyscale
orally as a tablet, as in instant claims 41, 43, because formulating a therapeutic agent as a tablet for oral administration in the method of treatment is well within the skill of the artisan. The person of ordinary skill in the art would have further determined the therapeutic dose of compound in the method of treatment, as in instant claim 44, because such exploration of different therapeutic amounts/day, with the aim of optimizing the therapeutic effect achieved in a method of treatment is routine, well within the skill of the artisan.
Regarding the limitation “wherein the method results in fewer Parkinsonian symptoms in the subject than from the administration of an equivalent amount of trimetazidine”,
it would be obvious to modify the method of treating heart failure with
PNG
media_image1.png
200
400
media_image1.png
Greyscale
(based on the combined teachings of Morita, Murai, and Fillmore) to include monitoring of side effects, such as Parkinsonian symptoms, and a comparison with TMZ, which is known to produce Parkinsonian symptoms in some patients (Maso et al.). Since prior art Murai teaches administration of
PNG
media_image1.png
200
400
media_image1.png
Greyscale
to a patient, the side effect, in this case, Parkinsonian symptoms, inherently occurs upon administration of said compound to the patient.
Since prior art Murai teaches administration of
PNG
media_image1.png
200
400
media_image1.png
Greyscale
to a patient, the brain-to-plasma ratio of trimetazidine achieved is the result of/inherently occurs upon/ administration of said compound to the patient. The ability of a compound to cross the brain blood barrier is an inherent property of the compound.
While Murai does not explicitly teach that the administration of
PNG
media_image1.png
200
400
media_image1.png
Greyscale
“results in a lower brain-to-plasma ratio [of trimetazidine] than from administration of an equivalent amount of trimetazidine, whereby the method results in fewer Parkinsonian symptoms in the subject than from the administration of an equivalent amount of trimetazidine”, the claimed limitation appears to be a result or property of the administration of the effective amount of the
PNG
media_image1.png
200
400
media_image1.png
Greyscale
. As such, the claimed limitations appear to be met by the prior art. Applicants are reminded that the office does not have the facilities and resources to provide the factual evidence needed in order to establish that the product of the prior art does not possess the same material, structural and functional characteristics of the claimed method. In the absence of evidence to the contrary, the burden is on the applicant to prove that the function of the product is different from those taught by the prior art and to establish patentable differences. See In re Best 562F.2d 1252, 195 USPQ 430 (CCPA 1977) and Ex parte Gray 10 USPQ 2d 1922 (PTO Bd. Pat. App. & Int. 1989).
As such, claims 33, 41, 43-44 are rejected as prima facie obvious.
Claims 33, 41, 43-44 are rejected under 35 U.S.C. 103 as being unpatentable over Morita et al. (US 4,574,156 of 4 March 1986, cited in PTO-892 of 6 April 2022) and Aoyanagi et al. (JP 57131777, published 14 August 1982, cited in PTO-892 of 23 January 2020; human translation in PTO-892 of 10 March 2021), in view of Steggall et al. (Diseases 2017, 5 (14), pages 1-18, published 10 May 2017, cited in IDS), in further view of Masso et al. (Therapies 2005, 60 (4), 419-422, cited in PTO-892 of 25 October 2024).
Morita (US 4,574,156) teaches that compound n2-TMZ (column 11, lines 13-15) below
PNG
media_image8.png
212
636
media_image8.png
Greyscale
where R is methoxy and n = 2,
is superior to trimetazidine TMZ
PNG
media_image9.png
172
288
media_image9.png
Greyscale
as being excreted over a long period of time (Figure 1, also column 11, lines 5-22),
and is superior to TMZ as a long-acting vasodilator having both peripheral blood vessel vasodilator action (Figure 2, column 11, lines 23-42) and coronary artery vasodilator action (column 11, lines 43-65).
Morita administers n2-TMZ as a pharmaceutical composition, as in instant claim 41, intravenously, at a dose of 13.3 mg/kg in rats (column 11, lines 23-37) or 20 mg/kg in dogs (column 11, lines 43-55).
Morita teaches that trimetazidine TMZ is a coronary vasodilator (column 1, lines 19-23) and the compounds of the invention specifically n2-TMZ have excellent drug efficacy (column 1, lines 39-43) and improve the duration in blood of TMZ administered (column 1, lines 23-26) without losing its action as coronary vasodilator.
Morita specifically teaches (Figure 2, also column 11, lines 35-38) that n2-TMZ, which is compound (IX) in the instant claims, even at a dose of 13.3 mg/kg, is more effective than a similar dose (10 mg/kg) of TMZ in mice.
PNG
media_image10.png
255
389
media_image10.png
Greyscale
Thus, Morita clearly teaches that compound n2-TMZ (which is the very compound (IX) in the instant claims, is superior to trimetazidine (TMZ) as coronary and peripheral vasodilator (Morita, column 11); further, compound n2-TMZ is superior to TMZ in terms of PK (Fig. 1, Morita), being excreted more slowly over a long period of time.
Morita does not specifically teach that the compound n2-TMZ above, or a pharmaceutical composition thereof, is effective to treat heart failure, as in the instant claims.
Morita does not specifically teach tablets comprising the compound above, as pharmaceutical compositions for oral administration, as in instant claims, administered at a dosage of 1 mg/kg/day to 10 mg/kg/day, as in instant claim 44.
Morita does not teach that compound n2-TMZ induces Parkinsonian symptoms in the subject upon administration.
Aoyanagi teaches the following compound (Examples 1, Z is –CH2CH2OH)
PNG
media_image1.png
200
400
media_image1.png
Greyscale
which is compound (IX) of instant claim 33.
Aoyanagi teaches (Table 1, Z is –CH2CH2OH) that, at a concentration of 10-4 g/ml (thus in a pharmaceutical composition, as in instant claim 41), the compound above is effective to reduce coronary perfusion pressure by 4.4%, and is effective to reduce heart movements amplitude and to reduce heart rate by 10.7%.
Aoyanagi teaches (page 2, second paragraph, human translation) that the compounds of the invention have pharmaceutical action on the coronary circulatory system such as coronary vasodilatory action. Thus, Aoyanagi teaches that the compound above is a coronary vasodilator.
Aoyanagi teaches (page 2, third paragraph, human translation attached) that, when the compounds of the invention are administered to humans, it is preferably to be administered orally, as in instant claims, at a recommended dose 10 to 500 mg/day for oral administration, which overlaps with the dose in instant claim 44 (1 mg/kg/day to 10 mg/kg/day, which, for a human weighing 70 kg, corresponds to 70 mg/day to 700 mg/day).
Aoyanagi does not specifically teach that the compound above, or a pharmaceutical composition thereof, is effective to treat heart failure, as in the instant claims.
Aoyanagi does not specifically teach tablets comprising the compound above, as pharmaceutical compositions for oral administration, as in instant claim 43, administered at a dosage of 1 mg/kg/day to 10 mg/kg/day, as in instant claim 44.
Aoyanagi does not teach that
PNG
media_image1.png
200
400
media_image1.png
Greyscale
induces Parkinsonian symptoms upon administration to a patient.
Steggall (Diseases 2017, 5 (14), pages 1-18, published 10 May 2017) teaches (pages 4-6, Table 1) that trimetazidine is effective to treat heart failure, when administered at twice daily dosing of 35 mg tablets (page 4, under 3.1, first 4 lines), which is consistent with oral administration, as in instant claims, as tablet, as in instant claim 43, at daily dose of 1 mg/kg/day (for a human subject weighing 70 kg), which is within the daily dose in instant claim 44.
Steggall (Table 1) that trimetazidine is effective to treat heart failure: treatment with trimetazidine in patients with heart failure resulted in improvement in LVEF left ventricular ejection fraction (page 5, Table 1, Results for studies by Zhou, Zhang and Gao). Thus, Steggall teaches that trimetazidine is effective to improve cardiac function, and specifically the ejection fraction, in a subject suffering from heart failure.
Steggall does not teach a method of improving cardiac function in a patient suffering from heart failure with a compound of formula (IX).
Masso et al. (Therapies 2005, 60 (4), 419-422) teaches (Abstract) that trimetazidine induces Parkinsonism in some of the patients.
It would have been obvious to administer
PNG
media_image1.png
200
400
media_image1.png
Greyscale
in a method of treating heart failure, because Aoyanagi teaches that the compound above has excellent coronary artery vasodilative action, Morita teaches that compound n2-TMZ and trimetazidine (TMZ) are coronary vasodilators, and Morita teaches that n2-TMZ is superior to TMZ as a long-acting vasodilator; and Steggall teaches that TMZ (taught by Morita to be a coronary vasodilator) is effective to treat heart failure and to improve cardiac function, and specifically the ejection fraction, in a subject suffering from heart failure.
Since coronary vasodilator (Morita) trimetazidine (TMZ) is taught by Steggall to be effective to treat heart failure and improve cardiac function in patients with heart failure, the person of ordinary skill in the art would have administered
PNG
media_image1.png
200
400
media_image1.png
Greyscale
, a compound structurally similar to TMZ, to a patient suffering from heart failure, with the expectation that the compound above, which is taught by Aoyanagi to be a coronary vasodilator, is effective to treat heart failure and improve cardiac function in heart failure. Since it is known that compound n2-TMZ is more effective than TMZ as coronary vasodilator, and has better PK compared to TMZ, a person of ordinary skill in the art would have reasonably expected that
PNG
media_image1.png
200
400
media_image1.png
Greyscale
has better vasodilator properties and better PK properties than TMZ and will be more effective than TMZ in treating heart failure.
Further, the person of ordinary skill in the art would have administered the compound above orally as a tablet, as in instant claims 41, 43, because formulating a therapeutic agent as a tablet for oral administration in the method of treatment is well within the skill of the artisan. The person of ordinary skill in the art would have further determined the therapeutic dose of compound in the method of treatment, as in instant claim 44, because such exploration of different therapeutic amounts/day, with the aim of optimizing the therapeutic effect achieved in a method of treatment is routine, well within the skill of the artisan.
Regarding the limitation “wherein the method results in fewer Parkinsonian symptoms in the subject than from the administration of an equivalent amount of trimetazidine”,
it would be obvious to modify the method of treating heart failure with
PNG
media_image1.png
200
400
media_image1.png
Greyscale
(based on the combined teachings of Morita, Aoyanagi and Steggall) to include monitoring of side effects, such as Parkinsonian symptoms, and a comparison with TMZ, which is known to produce Parkinsonian symptoms in some patients (Maso et al.). Since prior art Aoyanagi teaches administration of
PNG
media_image1.png
200
400
media_image1.png
Greyscale
to a patient, the side effect, in this case, Parkinsonian symptoms, inherently occurs upon administration of said compound to the patient.
Further, since prior art Aoyanagi teaches administration of
PNG
media_image1.png
200
400
media_image1.png
Greyscale
to a patient, the brain-to-plasma ratio of trimetazidine achieved is the result of/inherently occurs upon/ administration of said compound to the patient. The ability of a compound to cross the brain blood barrier is an inherent property of the compound.
While Aoyanagi does not explicitly teach that the administration of
PNG
media_image1.png
200
400
media_image1.png
Greyscale
“results in a lower brain-to-plasma ratio [of trimetazidine] than from administration of an equivalent amount of trimetazidine, whereby the method results in fewer Parkinsonian symptoms in the subject than from the administration of an equivalent amount of trimetazidine”, the claimed limitation appears to be a result or property of the administration of the effective amount of the
PNG
media_image1.png
200
400
media_image1.png
Greyscale
. As such, the claimed limitations appear to be met by the prior art. Applicants are reminded that the office does not have the facilities and resources to provide the factual evidence needed in order to establish that the product of the prior art does not possess the same material, structural and functional characteristics of the claimed method. In the absence of evidence to the contrary, the burden is on the applicant to prove that the function of the product is different from those taught by the prior art and to establish patentable differences. See In re Best 562F.2d 1252, 195 USPQ 430 (CCPA 1977) and Ex parte Gray 10 USPQ 2d 1922 (PTO Bd. Pat. App. & Int. 1989).
As such, claims 33, 41, 43-44 is rejected as prima facie obvious.
Conclusion
Claims 33, 41, 43-44 are rejected.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IRINA NEAGU whose telephone number is (571)270-5908. The examiner can normally be reached Mon-Fri 8-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JEFFREY S. LUNDGREN can be reached on (571) 272-5541. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/IRINA NEAGU/Primary Examiner, Art Unit 1629