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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 2, 2026, has been entered.
Claim of Foreign Priority
As noted in the previous Office Actions, Applicant’s claim of foreign priority has not been perfected by filing an English translation of the foreign priority documents. As such, Applicant’s co-publication of March 30, 2021, qualifies as prior art.
Response to Arguments
In totality, the examiner finds Applicant’s arguments persuasive. The sole prior art reference cited below can be overcome by perfecting priority, as explained above.
Claim Objections
Claim 1 recites “a neurodegenerative diseases” wherein diseases is plural. This should state “a neurodegenerative disease.”
Further, the examiner recommends adding the phrase “to a subject in need thereof” after the word “administering” in claim 1. This will make clear that such method requires an existing condition.
Claim 3 should recite “wherein the drug is administered orally or by injection” rather than “is taken” after reciting “administering” in independent claim 1. This will make the claims more consistent.
Claim Rejections - 35 USC § 112
Claim 1 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. In particular, the claim refers to, in part, “L-phenylalanine” while the structure is not limited to the L enantiomer. Clarification is requested.
Claim Rejections - 35 USC § 102
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.
Claims 1 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xiao-Long et al., “Optimization of N-Phenylpropenoyl-L-amino Acids as Potent and Selective Inducible Nitric Oxide Synthase Inhibitors for Parkinson’s Disease,” J. Med. Chem. 2021, 64, 7760−7777.
Xiao-Long teaches the claimed compound to directly bind to iNOS and oral administration of 1 and 2 mg/kg exerted preventive effects on loss of dopaminergic neurons. See Abstract. The same dosage also show a reparative effect on dopaminergic neurons. It is a promising candidate for treating PD. As such, a POSA would immediately envisage orally administering the claimed compound to a subject with PD.
As such, claims 1 and 3 are anticipated by the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JARED D BARSKY whose telephone number is (571)272-2795. The examiner can normally be reached on 9-5 M-F.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Clark can be reached on 571-272-1310. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JARED BARSKY/Primary Examiner, Art Unit 1628