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 1-4, 6, 7, 9-11, and 21-30 are pending in the instant application. Newly submitted claims 21-30 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: The aforementioned claims are drawn to methods of treatment using the elected compounds of claim 1 and said compounds may be used in vitro.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 21-30 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
An action on the merits of claims 1-4, 6, 7, and 9-11 is contained herein.
Previous Objections/Rejections
Any rejections or objections stated of record in the office action mailed on 9/5/2025 that are not explicitly addressed herein below, are hereby withdrawn in light of applicant's arguments and/or amendments filed 12/5/2025.
Status of Rejections
Double Patenting
The rejection of claims 1-4, 6, 7, and 9-11 is maintained.
Applicant’s amendments, see Remarks, filed 12/5/2025, with respect to the rejection set forth in the Non-Final Office Action mailed 9/5/2025, have been fully considered and the rejection will be held in abeyance (note that no arguments or amendments were made in respect to the elected species as the center point of this rejection).
New Objections
Claim Objections
Claims 2 and 9-10 are objected to because of the following informality: The text in claim 2, “Example 16” should be removed. Thus the claim and claims dependent on it are objected to. Correction is required.
Conclusion
No claims are allowed.
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 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