CLAIMS 1-20 ARE PRESENTED FOR EXAMINATION
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 .
Applicant’s Information Disclosure Statements filed July 28, 2023, November 15, 2023 and January 28, 2026 have been received and entered into the application. As reflected by the attached, completed copies of form PTO/SB/08, the cited references have been considered.
As per the Restriction Requirement issued November 17, 2025, Applicants have elected, without traverse, the invention of Group I, claims 1-10, directed to a cannabinoid composition comprising a cannabinoid derived from a deuterated fatty acid and a cannabinoid compound.
Applicant has further elected specific species for examination purposes. The Examiner has expanded the search of claims 1-10 to the broadest reasonable interpretation of the claimed subject matter, not having found the specific, elected subject matter.
The requirement for restriction is deemed to remain proper and is hereby made FINAL.
Claims 11-20 are withdrawn from consideration as being directed to subject matter not elected without traverse under 37 CFR 1.142(b).
Claims 1-10 are herein acted on the merits.
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.
Claims 1-10 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.
In claim 1, the poor print quality of the structure depicted therein gives rise to ambiguities as to bond interpretation and substituent identification.
In claim 4, since this claim fails to indicate that the prodrug is an additional component, i.e., “further includes”, it appears that the claim is only serving to rename the compound of claim 1 which does not further limit the subject matter thereof.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND J HENLEY III whose telephone number is (571)272-0575. The examiner can normally be reached M-F 6-2:30pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey S Lundgren can be reached at 571-272-5541. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RAYMOND J HENLEY III/Primary Examiner, Art Unit 1629 March 21, 2026
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