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 DETAILED ACTION Claim s 1-2, 14-18, 22-27, 29-31, 42 and 47, are pending Claim s 1-2, 14-18, 22-27, 29-31 are withdrawn from examination as being drawn to a nonelected specie. Claims 42 and 47 are under consideration in the instant office action. Election/Restrictions Applicant’s election with traverse of group III (Claim 42) and the following species in their response dated 11/18/2025 is acknowledged. Specie 1: Applicants elect as species of Group III, the compounds related to RO4929097 recited in Table 1. Applicants argument in traversal of the restriction is not clear. Even if they have amended their withdrawn claims to be dependent on claim 42, they are still drawn to a different statuette (method of treatment) and as such will still have the search burden associated with the examination. Upon further consideration, claim 47, drawn to the pharmaceutical composition will be rejoined. Examination of the claims are conducted to the extent they read on the elected invention . Claim s 1-2, 14-18, 22-27, 29-31 are withdrawn from examination as being drawn to a nonelected invention. Claims 42 and 47 are under examination and the requirement for restriction is made final. Information Disclosure Statement The information disclosure statement (IDS) submitted on 01/20/2023 and 11/01/2024 complies with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609. Accordingly, it has been placed in the application file and the information therein has been considered as to the merits. See attached copy of the PTO-1449. Priority This present patent application claims the priority benefit of U.S. Provisional Patent Application Serial No. 63/055,410, filed July 23, 2020, 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 42 and 47 are rejected under 35 U.S.C. 102 (a) (1) and under 35 U.S.C 102(a)(2) as being anticipated by Flohr et al. (US 2005/0054633, cited in instant IDS dated 11/01/2024) Instant claims are drawn to a y-secretase inhibitor (GSI), or a derivative, prodrug, or pharmaceutically acceptable salt thereof, which increases expression of uncoupling protein-1 (UCP-1) and which is a malonamide derivative of Formula I below: wherein, R 1 is one is wherein, R 2 is lower alkyl, lower alkinyl , -(CH2)~-O-lower alkyl, -(CH 2 ) n -S-lower alkyl, -(CH 2 ),, -CN, - (CR'R"),,-CF 3 , -(CR'R"),,-CHF 2 , -(CR'R")~-CH 2 F, -(CH 2 )~-C(O)O-lower alkyl, -(CH 2 )n- halogen, or -(CH2) n -cycloalkyl, optionally substituted by one or more substituents selected from the group consisting of phenyl, halogen, and CF 3 ; R' and R" are, independently from n and from each other, hydrogen, lower alkyl, lower alkoxy, halogen , or hydroxy; R 3 and R 4 are, independently from each other, hydrogen, lower alkyl, lower alkoxy, phenyl, or halogen; R 5 is hydrogen, lower alkyl, -(CH 2 ) n -CF 3 , or -(CH2) n -cycloalkyl; R 6 is hydrogen or halogen; and n is 0, 1, 2, 3 or 4; including pharmaceutically suitable acid addition salts, optically pure enantiomers, racemates, and diastereomeric mixtures thereof and pharmaceutical compositions comprising these compounds. Flohr et al. discloses compounds of formula I and pharmaceutically acceptable acid addition salts of compounds of formula I, as well as methods for manufacturing such compounds and further provides all forms of optically pure enantiomers, racemates or diastereomeric mixtures for compounds of formula I Wherein R 1 is R 2 is lower alkinyl , -(CH2)~-O-lower alkyl, -(CH 2 ) n -S-lower alkyl, -(CH 2 ),, -CN, - (CR'R"),,-CF 3 , -(CR'R"),,-CHF 2 , -(CR'R")~-CH 2 F, -(CH 2 )~-C(O)O-lower alkyl, -(CH 2 )n- halogen, or -(CH2) n -cycloalkyl, optionally substituted by one or more substituents selected from the group consisting of phenyl, halogen, and CF 3 ; R',R" are each independently hydrogen, lower alkyl, lower alkoxy, halogen or hydroxy; R 3 and R 4 are each independently hydrogen, lower alkyl, lower alkoxy, phenyl or halogen; R 5 is hydrogen, lower alkyl, -(CH 2 ) n -CF 3 , or -(CH2) n -cycloalkyl R 6 is hydrogen or halogen; n is 0, 1, 2, 3 or 4 or a pharmaceutically acceptable acid addition salt, optically pure enantiomer, racemate or diastereomeric mixture thereof (claims 1-2, [0015-0025] and [0029-0030]). They disclose that their compounds are -secretase inhibitors [0017] . They further disclose pharmaceutical compositions comprising their inventive compounds of formula I (claim 22, [0147-0153] ) It is noted that Flohr et al. does not recite that these compounds increase the expression of uncoupling protein-1 (UCP-1). However this is the functional limitation of the compounds of Formula (I) and will be inherent to the same compounds taught by Flohr et al. It is noted that In re Best (195 USPQ 430) and In re Fitzgerald (205 USPQ 594) discuss the support of rejections wherein the prior art discloses subject matter which there is reason to believe inherently includes functions that are newly cited or is identical to a product instantly claimed. In such a situation the burden is shifted to the applicants to "prove that subject matter shown to be in the prior art does not possess characteristic relied on" (205 USPQ 594, second column, first full paragraph). It is also noted that, "[T]he discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art's functioning, does not render the old composition patentably new to the discoverer." Atlas Powder Co. v. Ireco Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999). Thus the claiming of a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable. In re Best, 562 F.2d 1252, 1254, 195 USPQ 430,433 (CCPA 1977). See also MPEP § 2112.01 with regard to inherency and product-by-process claims. In addition, it is also noted that “Products of identical chemical composition cannot have mutually exclusive properties.” A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). As such the instantly claimed mechanistic functions . would be present in these identical compounds taught by Flohr et al. absence of evidence to the contrary. Therefore the compounds and composition disclosed by Flohr et al. fully anticipates instant claims 42 and 47 . Conclusion Claims 42 and 47 are rejected. No claims are allowed Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAVITHA RAO whose telephone number is (571)270-5315. The examiner can normally be reached on Mon-Fri 7 am to 4 pm.. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dierdre (Renee) Claytor can be reached on (571) 272-8394 . 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. /SAVITHA M RAO/ Primary Examiner, Art Unit 1691