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 .
Claims 33-53 are presented for examination. Claims 33, 46, 49 and 53 are independent claims.
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 33-53 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sharma Arun Dev et al. (Preprints (www.preprints.org) Posted: 31 March 2020). The claims read on the use of Eucalyptol as inhibitor of COVID 19 corona virus infection (see page 6).
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.
Claims 33-53 are rejected under 35 U.S.C. 103 as being unpatentable over Sharma Arun Dev et al. (Preprints (www.preprints.org) Posted: 31 March 2020). The reference teaches the use of Eucalyptol as inhibitor of COVID 19 corona virus infection (see page 6). The claims differ by requiring purity or dosage/routes of administration requirements.
However, one skilled in the art knows that purer forms a compound and determining effective dosage and administration routes are effective for the use of a compound to treat diseases. However, purer forms of old products is considered obvious. Therefore, one skilled in the art would be motivated to purify 1,8-cineole and arrive at the instant claims because a purer form of a compound is desirable in the pharmaceutical arts. Arriving at effective doses and routes of administration is routine experimentation in the pharmaceutical arts
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRUCK KIFLE whose telephone number is (571)272-0668. The examiner can normally be reached 8 AM - 6 PM, M-F.
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 H. Murray can be reached at 571-272-9023. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
August 21, 2025
/BRUCK KIFLE/Primary Examiner, Art Unit 1624