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 1-16 and 18-29 are pending in the instant application. Claims 24-29 are new claims and drawn to methods of use employing the elected compound of claim 13.
Thus, claims 1-12 and 18-29 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 13-16 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stated of record in the office action mailed on 8/7/2025 that are not explicitly addressed herein below, are hereby withdrawn in light of applicant's arguments and/or amendments filed 11/4/2025.
New Objections
Claim Objections
Claim 15 is objected to because the subject matter described in claim 1 (preparation method) should be incorporated into claim 15 to have the claim complete in itself tailored to represent the process of preparing the elected crystalline form of formula I. Note that the preparation method of claim 1 is drawn to all forms of the formula I and not just the crystalline form. Thus the claim is objected to.
Conclusion
Claims 13, 14, and 16 are allowable. Claim 15 is objected to.
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.
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/BRIAN E MCDOWELL/Primary Examiner, Art Unit 1624