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 THE CLAIMS: Claims 1-13 are pending in this application.
Election/Restrictions
Applicant's election of species in the reply filed on September 4, 2025 is acknowledged. All claims were examined.
Claim Rejections - 35 USC § 112, 2nd paragraph
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-13 (including all claims dependent thereon) are 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. Claim 1 recites “ROCK1/2 inhibitor”. Examples of ROCK 1/2 inhibitors include Y-27632, Fasudil, Netarsudil, Ripasuil, RKI-1447 and AR-13325 to name a few. Are all ROCK1/2 inhibitors intended?
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 1-28 (including claims dependent thereon or relate back to other claims) are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Payman et al. (WO2019/221959).
Applicant claims the following:
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104
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This reference discloses methods for treating or reducing PVR or ERM with ROCK 1/2 inhibitors on pages 3-45, 57-70 and 88-92 in paragraphs [0023], [0029], [0080], [0153], [0194], [0237]-[0238], [0259], [0328], [0377], [0384], [0458], [0465] and [0477]. (See Abstract and entire document). These methods read on the instant claim. Since this reference teaches the exact methods, Applicant’s claims are anticipated, and thus, rejected under 35 U.S.C. 102.
Conclusion
Claims 1-28 are pending. Claims 1-28 are rejected. No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL V WARD whose telephone number is (571)272-2909. The examiner can normally be reached M-F 9am to 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James Alstrum-Acevedo can be reached at 571-272-5548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL V WARD/Primary Examiner, Art Unit 1622
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