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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/28/26 was filed after the mailing date of the Notice of Allowance on 4/3/26. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Examiner’s Note
The Examiner notes that upon review of the previously allowed claims, the following claim objections and 112b rejections need to be addressed. A new search included the instantly considered IDS, the claimed subject matter is still free of the prior art.
Claim Objections
Claims 19-21 and 23 are objected to because of the following informalities:
Claims 19-20 recite “…wherein administration….”. Since claims 19-20 depend from claim 17 and claim 17 has an administration step, the Examiner suggests adding the article “the” before “administration” to indicate proper antecedent basis.
Claim 21 recites “the carrier”. The Examiner suggests amending such phrase to “the pharmaceutically acceptable carrier” to be consistent with the language throughout the claims.
Claim 23 recites “the pharmaceutical composition”. The Examiner suggests amending such phrase to “the antifungal liquid pharmaceutical composition” to be consistent with the language throughout the claims.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 17 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “ordinary” in claim 17 is a relative term which renders the claim indefinite. The term “ordinary” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Allowable Subject Matter
Claims 17-36 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GENEVIEVE S ALLEY whose telephone number is (571)270-1111. The examiner can normally be reached Monday-Friday 8:00-5:00.
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/GENEVIEVE S ALLEY/ Primary Examiner, Art Unit 1617
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