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 remarks filed November 24, 2025 have been received and reviewed. Claims 33-56 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 33-56 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 basis of this rejection is the same as given in the previous office action and is incorporated herein fully by reference.
Applicants’ arguments have been fully considered but not found persuasive. Applicants argue that
“The 1,8-cineole is applied as a systemic dosage form which is resistant to
gastric juice but soluble in the small intestine;
The 1,8-cineole utilized is present as a pure substance, wherein the 1,8 -
cineole is present with a purity of at least 95 wt.% based on the 1,8- cineole,
The 1,8-cineole is free of other terpenes, and
(for claim 53) at least one further active ingredient selected from the group
consisting of (i) anti-inflammatory active ingredients, (ii) blood-thinning and
anticoagulant active ingredients, (iii) antiviral active ingredients, (iv)
cardiovascular active ingredients, and combinations thereof...”
However, all of these features are standard optimizations which are routinely performed by one skilled in the art given that the reference teaches the use of Eucalyptol as inhibitor of COVID 19 corona virus infection. The skilled artisan knows how to prepare efficient compositions using conventional methods and ingredients of common knowledge in the art. Arriving at effective doses and routes of administration is routine experimentation in the pharmaceutical arts.
Therefore, one skilled in the art would be motivated to modify the 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.
THIS ACTION IS MADE FINAL. 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 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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April 30, 2026
/BRUCK KIFLE/Primary Examiner, Art Unit 1624
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