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
Status of Claims
Claims 1-18, 20-26, 28-30, and 32-62 are pending. Claims 59-62 are new claims and drawn to the elected group. However the examiner has put forth prior art (see new 102 rejection drawn to a nonelected species) that is not embraced by the new claims. See MPEP 803.02 “If the examiner determines that the elected species is allowable over the prior art, the examination of the Markush claim will be extended. If prior art is then found that anticipates or renders obvious the Markush claim with respect to a nonelected species, the Markush claim shall be rejected; claims to the nonelected species would still be held withdrawn from further consideration. The prior art search will not be extended unnecessarily to cover all nonelected species, and need not be extended beyond a proper Markush grouping. See subsection III.C.2, below, for additional guidance.”
Thus, claims 3,8,11,13, 20,22,24,29, 30, 32, 33, 38, 39, 43-54, and 59-62 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.
An action on the merits of claims 1-2,4-7,9-10,12,14-18,21,23,25, 26, 28,34-37, 40-42, and 55-58 is contained herein.
Information Disclosure Statement
The examiner has considered the information disclosure statement filed most recently of record.
Previous Objections/Rejections
Any rejections or objections stated of record in the office action mailed on 11/28/2025 that are not explicitly addressed herein below, are hereby withdrawn in light of applicant's arguments and/or amendments filed 6/17/2026.
Status of Rejections
Double Patenting
The rejection of claims 1-2,4-7,9-10,12,14-16,21,23,25, 28,34, 36, 37, and 55-56 is maintained with respect to copending Application No. 18/982452.
Applicant’s arguments, see Remarks, filed 6/17/2026 with respect to the rejection set forth in the Non-Final Office Action mailed 11/28/2025, have been fully considered and the rejection will be held in abeyance.
New Rejections
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2,4-7,9,10,12,14-18,21,23, 25, 28, and 34-37 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Publication 2018/0021326-mentioned previously of record.
The above document teaches the following compound and compositions thereof (see page 8, claim 18, right column,4-Acetoxy-N,N-diisopropyltryptamine and [0016] in analogs that may be used for psilocin, see left column for compositions and claim 16 for amounts that can be administered:
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. This compound corresponds to applicant’s instant invention wherein R1 is hydrogen; R2 is hydrogen; R3-R6 are hydrogen; R7 and R8 are alkyl; R9-R11 are hydrogen; Y is X-A; X is O; and A is -C(O)methyl. Thus the claims are anticipated.
Conclusion
Claims 1-2,4-7,9-10,12,14-18,21,23,25, 28,34-37, and 55-56 are rejected. Claims 40-42 are allowable. Claim 26 is objected to as being dependent upon a rejected or objected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claims 57-58 are objected to. However the full patentability of these claims have not been searched due to the prior art cited of record and the election of species requirement (see above and MPEP 803.02).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN E MCDOWELL whose telephone number is (571)270-5755. The examiner can normally be reached on 8:30-6 MF.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Murray can be reached at 571-272-9023. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRIAN E MCDOWELL/Primary Examiner, Art Unit 1624
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