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 .
Response to Arguments
Applicant's arguments filed 09/09/2025 have been fully considered but they are not persuasive.
First, applicant’s assertion that it is nonobvious to combine the compounds described by Raaben and Chen (compounds of formula I) with an anti-cancer agent is acknowledged. However, it remains obvious to combine two products known for the same purpose. See 06/11/2025 Non-Final Rejection at pp. 7-8 and MPEP 2144.06(I).
Second, applicant relies on allegations of unexpected results. While the data presented in the declaration under 1.132 and the arguments therein have been considered, they are not persuasive. The data is insufficient to establish a synergistic relationship between the combinations tested. It is unclear whether the improved results are merely additive or synergistic. Applicant is reminded that the burden to explain proffered data is on Applicant. It is not readily clear from the data provided or associated explanations that there is any synergistic effect present. Moreover, even if there were evidence of synergy, the claims are not commensurate in scope with the results provided as the claims are drawn to methods for treating all cancers and the administration of numerous compounds of formula (I) with numerous anti-cancer agents. The results disclosed cannot be extended to such a broad scope. There arguments apply in equal or greater force to the double patenting rejection. While the claims have been amended, they have only been amended to incorporate limitations which have already been addressed in the previous rejection. Accordingly, the arguments therein apply in equal or greater force to the claims under examination. Accordingly, the rejection of claims 1-6, 8-15, 17 and 18 under 35 U.S.C. 103 and for nonstatutory double patenting are MAINTAINED.
Conclusion
Claims 1-6, 8-15 and 17-18 are rejected.
Claims 19-25 remain withdrawn.
THIS ACTION IS MADE FINAL. 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 JED A KUCHARCZK whose telephone number is (571)270-5206. The examiner can normally be reached Mon-Fri 7:30 to 5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Adam Milligan can be reached at (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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/JED A KUCHARCZK/Examiner, Art Unit 1623
/ADAM C MILLIGAN/Supervisory Patent Examiner, Art Unit 1623