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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on August 4, 2026, has been entered.
Claims 33-40 and 42-56 are now pending in this application.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 33-40 and 42-56 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 a treatment of COVID 19 corona virus infection (see page 6). The claims differ by requiring purity or dosage/routes of administration requirements. The basis of this rejection is the same as given in the previous office actions and is incorporated herein fully by reference.
The claims have now been amended to a method of treatment of a COVID-19 infection, wherein the method comprises suppression of hypercytokinemia caused by the COVID-19 infection. However, the claims are still drawn to a method of treating COVID-19 infection which have been rejected as being obvious by the teachings of the prior art. The suppression of hypercytokinemia caused by COVID-19 is still a method of treating the COVID-19 infection (which embraces treating symptoms and effects of the viral infection). Thus, the compound is known and the use of the compound for treating the viral infection is also known. Additional effects of the compound as employed in the treatment of COVID-19 infection does not change this knowledge of the art.
As discussed in the previous office action, purer forms a compound and determining effective dosage and administration routes are effective for the use of a compound to treat diseases.
Therefore, one skilled in the art would be motivated to use 1,8-cineole for treating COVID-19 infection and arrive at the instant claims because the skilled artisan knows how to arrive at dosage forms and compositions of the compound which has been taught as having activity against COVID-19 infection.
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.
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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.
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September 19, 2026
/BRUCK KIFLE/Primary Examiner, Art Unit 1624
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