DETAILED ACTION
Claims 1, 2, 4, 7-14, 16, 20, 22-27 and 32 are currently pending in the instant application. Claims 1, 4, 7-14, 16, 24, 25, and 32 are allowed. Claims 2, 20, 22, 23, and 26 are objected. Claims 20 and 27 are rejected.
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 .
Election/Restrictions
Applicant’s election of Group I and the species of example 7A:
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in the reply filed on 16 October 2025 has been previously acknowledged.
According to MPEP 803.02, the examiner has determined whether the elected species is allowable. Applicants’ elected species appears allowable. Therefore, the search and examination has been previously extended to the compounds of claims 6, 7, 14, and 28-31 which were allowable over the prior art of record. The entirety of Group I of the pending claims has now been searched and examined and are allowable over the prior art.
Claims 1, 2, 4, 7-14, 16, 24-26 and 32 are directed to an allowable product. Pursuant to the procedures set forth in MPEP § 821.04(B), claims 20, 22, 23, and 27 directed to the process of making or using an allowable product, previously withdrawn from consideration as a result of a restriction requirement, are hereby rejoined and fully examined for patentability under 37 CFR 1.104.
Because all claims previously withdrawn from consideration under 37 CFR 1.142 have been rejoined, the restriction requirement as set forth in the Office action mailed on 21 August 2025 is hereby withdrawn. In view of the withdrawal of the restriction requirement as to the rejoined inventions, applicant(s) are advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application. Once the restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
Response to Amendment and Arguments
Applicant's amendment and arguments filed 10 February 2026 have been fully considered and entered into the instant application. Applicant’s amendment has overcome the objection to claims 6, 7, and 28-31 as claims 6 and 28-31 have been canceled. Claim 7 has been amended as is not allowed. The nonstatutory double patenting rejection as being unpatentable over copending Application No. 17/912,645 is withdrawn as claim 1 of the instant application has been amended to include the limitations of now canceled claim 6. The amendment to claim 14 has overcome the 35 USC 112(d) rejection of claim 14. The 35 USC 103(a) rejection as being unpatentable over Wan et al. in view of Vicor Pharma AB is overcome as claim 1 of the instant application has been amended to include the limitations of now canceled claim 6.
Claim Objections
Claim 2 is objected to because of the following informalities: As claim 2 is dependent upon claim 1, the “A” at the beginning of the claim should be changed to “The” for sake of clarity. Appropriate correction is required.
Claim 20 is objected to because of the following informalities: An “a” should be added before “disease” on line 1 for sake of clarity. Appropriate correction is required.
Claim 22 is objected to because of the following informalities: Claim 22 should be written in the same manner as parent claim 20 for the sake of clarity, such as:
“The method of treatment as claimed in Claim 20, wherein the disease, disorder and/or condition is idiopathic pulmonary fibrosis or sarcoidosis.”
Appropriate correction is required.
Claim 23 is objected to because of the following informalities: Should be written in the same manner as parent claim 20 for sake of clarity, such as:
“The method of treatment as claimed in Claim 20, wherein the disease, disorder and/or condition is selected from the group consisting of heart failure, chronic kidney disease, rheumatoid arthritis and virally-induced pneumonia.”
Appropriate correction is required.
Claim 26 is objected to because of the following informalities: As claim 26 is dependent upon claim 24, the “A” at the beginning of the claim should be changed to “The” for sake of clarity. 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.
Claims 20 and 27 are 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.
Regarding claims 20 and 27 the multiple instances of the phrase "such as" renders the claims indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 27 the phrase "e.g." renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Conclusion
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 REBECCA L ANDERSON whose telephone number is (571)272-0696. The examiner can normally be reached Monday-Friday from 6am-2pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew Kosar can be reached at 571-272-0913. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/REBECCA L ANDERSON/Primary Examiner, Art Unit 1626 ____________________ 28 April 2026
Rebecca Anderson
Primary Examiner
Art Unit 1626, Group 1620
Technology Center 1600
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