DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The claim listing filed April 28, 2026 is pending.
Claims 5 and 9 are canceled.
Claims 1-4, 6-8, and 10-51 are pending.
Claims 1-4, 31, 37, and 42 are independent claims.
Election/Restrictions
Applicant’s election of Group I (claims 1, 8, 10, 11, and 13-18, drawn to a method of reactivating a latent Epstein-Barr virus (EBV) in a cell infected with the EBV); and the species of (a) chidamide as the benzamide-based HDAC inhibitor as recited in claim 9, (b) epirubicin as the topoisomerase inhibitor as recited in claim 14, and (c) nutlin-3a as the Mdm2 inhibitor as recited in claim 17 in the reply filed on December 4, 2025 is acknowledged.
Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 2-4, 6, 7, 12, 19-24, 26, 27, and 28-51 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions.
Claims 1, 8, 10, 11, and 13-18 are currently under consideration.
In view of the Applicant’s amendment and remarks filed April 28, 2026, the previous objections and rejections as set forth in the Office Action mailed January 28, 2026 have been withdrawn and the following rejections are set forth.
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 (i.e., changing from AIA to pre-AIA ) 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 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.
This is a New Ground of Rejection necessitated by applicant's amendment. Claims 1, 8, 10, 11, and 13-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zentelis 2018 (Investigating mechanisms of Epstein-Barr virus reactivation in epithelial cells [PhD thesis]. University of Oxford, a reference of record).
Independent claim 1 is drawn to a method of reactivating a latent Epstein-Barr virus (EBV) in an EBV-positive epithelial cancer cell infected with the EBV, comprising contacting the cell with a benzamide-based histone deacetylase (HDAC) inhibitor selected from the group consisting of chidamide, CXD101, entinostat, mocetinostat, and combinations thereof, wherein the benzamide- based HDAC inhibitor increases a level of expression or activity of an EBV-associated protein in the EBV-positive epithelial cancer cell.
Dependent claim 8 limits the EBV-associated protein to transcription factor Zta.
Dependent claim 10 limits the benzamide-based HDAC inhibitor to chidamide.
Dependent claim 11 limits the method to that which further comprises contacting the cell with a second agent.
Dependent claim 13 limits the second agent to a topoisomerase inhibitor.
Dependent claim 14 limits the topoisomerase inhibitor to any one of epirubicin, doxorubicin, mitoxantrone, amonafide, teniposide, and combinations thereof.
Dependent claim 15 limits the topoisomerase inhibitor to epirubicin.
Dependent claim 16 limits the second agent to an Mdm2 inhibitor.
Dependent claim 17 limits the Mdm2 inhibitor to nutlin-3a, HDM201, or a combination thereof.
Dependent claim 18 limits the second agent to an anti-cancer agent.
Regarding claims 1, 8, and 10, Zentelis teaches a method of reactivating a latent EBV in an EBV-positive epithelial cancer cell infected with the EBV, comprising contacting the cell with chidamide or CXD101, wherein the chidamide or CXD101 increases a level of expression of Zebra, an EBV-associated protein and a key regulator of EBV reactivation (e.g. see Abstract), in the EBV-positive epithelial cancer cell (e.g. see page 104).
Regarding claims 11 and 13-18, Zentelis also teaches treating EBV-positive epithelial cancer cells with chidamide and epirubicin (a topoisomerase inhibitor and anti-cancer agent) or Nutlin-3a (an Mdm2 inhibitor and anti-cancer agent) to induce Zebra expression (e.g. see pages 135 and 136).
It is noted that Zta and Zebra are synonymous.
Conclusion
No claim is allowed.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Grace H. Lunde whose telephone number is (703)756-1851. The examiner can normally be reached Monday - Thursday 6:00 a.m. - 3:00 p.m. (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Misook Yu can be reached at (571) 272-0839. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GRACE H LUNDE/Examiner, Art Unit 1641
/MISOOK YU/Supervisory Patent Examiner, Art Unit 1641
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