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 .
Final Rejection
The Status of Claims:
Claims 1-9 are pending.
Claims 1-9 are rejected.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Objections
The objection of Claim 8 is withdrawn due to the modification of Claim 8.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
The rejection of Claims 1-7 under 35 U.S.C. 101 is still maintained due to failure to modify the claims
Claim Rejections - 35 USC § 112
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.
The rejection of Claims 1-7 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, is still maintained due to the incomplete modification of the claims
Furthermore, in view of the revised claims 1 and 8-9, another 112 second paragraph rejection seem necessary in the following:
Claims 1, 3-9 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 pre-AIA the applicant regards as the invention.
In claims 1 and 8-9, the terms” aristolochic acid Iva” are recited.
The claims do not define what kind of the chemical formula for ” aristolochic acid Iva”” is for the claims. The claims referring to the specification are improper. The claims should be complete by themselves. The examiner recommends to put the the specific chemical structure for the terms” aristolochic acid Iva” in the claims.
Claim Rejections - 35 USC § 102
Applicants have filed the amendment on 1/13/26, some of them are persuasive , while others are not.
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 rejection of Claim 9 is rejected under 35 U.S.C. 102(a)(1) as being anticipated clearly by Liu et al (Hindawi Journal of Analytical Methods in Chemistry, Volume 2020, 19 November 2020, pages 1-7) is withdrawn due to the modification of claim.
Claim Rejections - 35 USC § 103
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.
The rejection of Claim 8 under 35 U.S.C. 103 as being unpatentable over Wikipedia (Antihistamines, November 2021, p. 1-11) in view of Liu et al (Hindawi Journal of Analytical Methods in Chemistry, Volume 2020, 19 November 2020, pages 1-7) ) is withdrawn due to the modification of claim.
Applicants argue the following issues:
Claim 1 is amended to involve a step "comprising using aristolochic acid IVa or a medically acceptable salt thereof as an active ingredient of the antihistamine or the drug". As such, the rejection is respectfully traversed.
Claim 9 is rejected under 35 U.S.C. 102(a)(1) as being anticipated clearly by Liu et al (Hindawi Journal of Analytical Methods in Chemistry, Volume 2020, 19 November 2020, pages 1-7).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Wikipedia (Antihistamines, November 2021, p. 1-11) in view of Liu et al (Hindawi Journal of Analytical Methods in Chemistry, Volume 2020, 19 November 2020, pages 1-7).
Regarding the the first argument, Applicants’ arguments have been noted. However, as indicated in the above, another 112 second paragraph rejection seems necessary. Also, the usage of the term “ An application of an aristolochic acid IVa “ in the beginning of the claims are not proper in US practice. The examiner recommends to change it into different forms ; for example , applicants may change it into the method claim or compound claim or some other types of the claims.
Regarding the second and the third arguments, they are persuasive. But as
indicated in the above, another 112 second paragraph rejection seems necessary.
Therefore, applicants’ arguments are not completely persuasive.
Conclusion
Claims 1-9 are rejected.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAYLOR V OH whose telephone number is (571)272-0689. The examiner can normally be reached 8:00-5:00.
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/TAYLOR V OH/Primary Examiner, Art Unit 1625 2/7/26