DETAILED ACTION
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 .
Priority
The instant application is a continuation-in-part of PCT/US2021/040869, filed July 8, 2021, which claims priority to U.S. Provisional Application no. 63/166,202, filed March 25, 2021; 63/124,841, filed December 13, 2020, and 63/050,786, filed July 11, 2020.
Election/Restrictions
3. Applicant’s election without traverse of Group II, Claims 14-20, in the reply filed on August 26, 2025 is acknowledged.
4. In accordance with the MPEP 803.02, if upon examination of the elected species, no prior art is found that would anticipate or render obvious the instant invention based on the elected species, the search of the Markush-type claim will be extended (see MPEP 803.02). If prior art is then found that anticipates or renders obvious the non-elected species, the Markush-type claim will be rejected. It should be noted that the prior art search will not be extended unnecessarily to cover all non-elected species. Should Applicant overcome the rejection by amending the claim, the amended claim will be reexamined. Id. The prior art search will be extended to the extent necessary to determine patentability of the Markush-type claim. Id. In the event prior art is found during reexamination that renders obvious or anticipates the amended Markush-type claim, the claim will be rejected and the action made final. Id.
5. As per MPEP 803.02, the Examiner will determine whether the entire scope of the claims is patentable. Applicants' elected species,
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makes a contribution over the prior art of record. Therefore, according to MPEP 803.02: should the elected species appear allowable, the search of the Markush-type claim will be extended. Since art was found on a non-elected species, the Markush-type claim shall be rejected and claims to the nonelected invention held withdrawn from further consideration. It has been determined that the entire scope claimed is not patentable.
Status of Claims
6. Claims 1-2, 4-10, 12, 14-17, and 19-24 are pending in the instant application. Based on the elected invention Group II, and species, TPP moiety of (1-Decyl)triphenylphosphonium, bioactive moiety of 2,3-dimethoxy-5-methylcyclohexa-2,5-diene-1,4-dione, ApoA-I mimetic peptide of 4F, and Nrf2 agonist DMF, claims 1-2, 4-10, 12 are withdrawn as being drawn to a nonelected invention and claims 15-17 and 19-20 and 24 are withdrawn from further consideration as not reading on the elected TPP moiety of (1-Decyl)triphenylphosphonium, as being drawn to a nonelected species, pursuant to 37 CFR 1.142(b). Therefore, claims 14 and 21-23 read on an elected invention and species and are therefore under consideration in the instant application.
Claim Rejections - 35 USC § 102
7. 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.
8. 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.
9. Claim 14 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2012/139028.
WO 2012/139028 teaches compositions comprising mitoquinone (TPP compound) and quercetin (Nrf2 agonist).
10. Claims 14 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP2241305A2.
EP2241305A2 teaches compositions comprising antioxidant substances comprising TPP compounds and antioxidant substances comprising bioactive moieties comprising 2,3-dimethoxy-5-methyl-1,4-benzodihydroquinone radicals. See [0049]
11. Claims 14 and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2017/0367989.
US 2017/0367989 teaches nanoparticle compositions comprising stearyl-TPP and L-4F peptide. See [0152], [0176], and claims.
12. Claims 14 and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 104530131A.
CN 104530131A teaches compositions comprising triphenylphosphine (TPP compound) and Nrf2 agonist DMF. See Example 4 and comparative Example 1 as well as Table 1.
Conclusion
13. No claims allowed.
14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Samantha Shterengarts whose telephone number is (571)270-5316. The examiner can normally be reached on Monday thru Thursday 9-6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mr. Adam Milligan can be reached on 571-270-7674. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAMANTHA L SHTERENGARTS/Primary Examiner, Art Unit 1623