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
This is a response to Applicant’s communication filed on June 3, 2026. Application No. 18/016,625, is a 371 of PCT/EP21/70026, filed July 16, 2021, and claims foreign priority to European Patent application No. EP 20305825.0, filed July 17, 2020. In a preliminary amendment filed January 17, 2023, Applicant cancelled claims 3, 4, 6-8, 11-13, 20 and 21. In an amendment filed July 3, 2026, Applicant cancelled claim 30. Claim 15 is currently withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species. Claims 1, 2, 5, 9, 10, 14, 16-19, and 22-29 are examined below.
Rejections Withdrawn
The rejection of claims 1, 2, 9, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rongved et al., US2019/0284167 A1, is withdrawn in view of Applicant’s June 3, 2026, Amendment & Remarks.
The rejection of claims 1, 2, 5, 9, 10, 14-19, and 22-29 under 35 U.S.C. 112(b) as failing to set forth the subject matter which the inventor or a joint inventor regards as the invention over the phrase: * represents a single bond linking said radical of formula I), directly or not¸ to one C10- to C55 lipophilic or hydrophobic tail-group”; and, in claim 5, over the limitation "p is 0 or 1", is/are withdrawn in view of Applicant’s June 3, 2026, Amendment & Remarks.
The rejection of claim 30 under 35 U.S.C. 112(a) because the specification, while being enabling for a composition for use in a therapeutic method for treating a disease, the specification does not reasonably provide enablement for preventing any disease, is withdrawn in view of Applicant’s June 3, 2026, Amendment & Remarks.
New Rejection Necessitated by Applicant’s June 3, 2026, Amendment
Claim Rejections - 35 USC § 102(a)(1)
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.
Claim 1, 2, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Easton, N., U.S. Patent No. 2,973,367. The CAS Abstract for Easton discloses the following lipidic compound:
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(Easton, citing the CAS Abstract for the lipidic compounds disclosed above.) These compounds read on the terminal radicals of formula (I), where in formula (I) A is a substituted 5-membered aromatic heteroaromatic ring radical; n is 0; X is O; and the radical is bonded directly or indirectly to one C10-C55 lipophilic or hydrophobic tail-group.
Conclusion
Claims 1, 2, and 9 are not allowed.
Claims 5, 10, 14, 16-19, and 22-29 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY R ROZOF whose telephone number is (571)270-5992. The examiner can normally be reached on Monday - Friday, 9:00 a.m. -5:00 p.m..
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew Kosar can be reached on (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 an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TIMOTHY R ROZOF/
Primary Examiner, Art Unit 1625
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