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 Application
1. Receipt of the Request for Continued Examination (RCE) under 37 C.F.R. 1.114, the Amendment and Applicants’ Arguments/Remarks, all filed 2 September 2026 are acknowledged.
Claims 1-3, 7, 15, and 17-25 are currently pending. Claims 4-6, 8-14, and 16 have been cancelled. Claims 1, 7, 15, and 17 have been amended. Claims 24-25 are newly added. Claims 1-3, 7, 15, and 17-25 are examined on the merits within.
Continued Examination Under 37 C.F.R. 1.114
2. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2 September 2026 has been entered.
Withdrawn Rejections
3. Applicants’ arguments, filed 2 September 2026, with respect to the 35 U.S.C. 102(a)(1) Rejections have been fully considered and are persuasive. The 35 U.S.C. 102(a)(1) Rejections of claims 1-3, 7, 15, and 17-23 have been withdrawn in view of the claim amendments. The 35 U.S.C. 103 Rejections of claim 1-3, 7-15, and 17-19 have been withdrawn in view of the claim amendments. However, upon further consideration, a new rejection is made in view of Boulanger et al. (U.S. Patent Application Publication No. 2007/0145328).
New Rejections
Claim Rejections – 35 U.S.C. 102/103
4. 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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
5. Claim(s) 1-3, 7, 15, and 17-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Boulanger et al. (U.S. Patent Application Publication No. 2007/0145328).
Regarding instant claims 1-3, 7, 15, 17-18, Boulanger et al. disclose an aqueous formulation comprising an aqueous solvent, chlorite, and a pH adjusting agent. See claim 1. The composition is used to treat ovarian epithelial cancer. See paragraph [0136].
Regarding instant claims 19 and 24-25, the chlorite is sodium chlorite. See Examples 1-3.
Regarding instant claims 20 and 22, the concentration of chlorite is between about 50 mM to about 100 mM (4522 ppm to 6330 ppm). See claim 14.
Regarding instant claims 21 and 23, the concentration of chlorite is between about 50 mM to about 100 mM (4.52 mg/ml to 9 mg/ml). See claim 14.
Thus the instant claims are anticipated by Boulanger et al. and, in the alternative, it would have been well within the purview of the skilled artisan, as of the effective filing date of the invention, to modify the amount of chlorite within known effective parameters to achieve the desired therapeutic effect.
Correspondence
6. No claims are allowed at this time.
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA WORSHAM whose telephone number is (571)270-7434. The examiner can normally be reached Monday-Friday (8-5).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Wax can be reached at 571-272-0623. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JESSICA WORSHAM/Primary Examiner, Art Unit 1615
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