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 .
Non-Final Rejection
The Status of Claims:
Claims 1-20 are pending.
Claims 1-16 and 19-20 are rejected.
Calims 17-18 are withdrawn from consideration.
DETAILED ACTION
1. Claims 1-16 and 19-20 are under consideration in this Office Action.
Priority
2. It is noted that this application a 371 of PCT/IB2021/061106 11/30/2021 , which has a foreign priority document, ITALY IT102020000029225 12/01/2020 .
Drawings
3. The drawings filed on 5/30/23 are accepted by the examiner.
IDS
4. The IDS filed on 5/30/23 are reviewed by the examiner.
Election/Restriction
Applicant’s election without traverse of Group I (claims 1-16 and 19-20 ) on 4/21/26 is acknowledged. Claims 17-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected group II, there being no allowable generic or linking claim.
The elected compound below:
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is found to be not allowable.
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 1-16 and 19-20 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 pre-AIA the applicant regards as the invention.
In claim 1 , the term” derivative” of the synthetic derivative of flavones” is recited.
This expression can be vague and indefinite because the claim does not define what is meant by the term “derivative ” in the claim. The examiner recommends to remove” the term “derivative “ from the claim.
In claim 1, the term “ a radical “ of the limitation of “ R1 is a radical “ is recited.
This expression can be vague and indefinite because the claim does not define what is meant by the term “a radical” in the claim. The examiner recommends to put the chemical formula or a chemical name for the term “a radical “ in the claim.
In claim 6, the term “ a linker L ” is recited.
This expression can be vague and indefinite because the claim does not define what is meant by the term “a a linker L” in the claim. The examiner recommends to put the chemical formula or a chemical name for the term “a linker L “ in the claim.
In claims 8 ,10, 14, 16 and 19-20, the terms “ other drugs” and/or “ other organ” are recited.
These expressions can be vague and indefinite because the claim does not explain what is meant by the term “ other drugs” and/or “ other organ” in the claim. The examiner recommends to remove” the terms “ other drugs “and “ other organ” from the claim.
Regarding claims 8, 10, 15 and 19, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
In claims 8, 16 and 19-20, the phrase” diseases and disorders related to photosensitivity or photoaging” is recited . This expression can be vague and indefinite because the claim does not explain how diseases and disorders are related to photosensitivity or photoaging in the claim. An appropriate correction is recommended.
In claims 10 and 20, the phrase” other known drugs of the type “ is recited . This expression can be vague and indefinite because the claim does not explain what other known drugs of the type can be for the claim. An appropriate correction is recommended.
In claims 8, 10, 14-16, 19-20, the phrases , “ the senotherapeutic compound for the treatment of one or more of the following disorders” , “ the senotherapeutic compound ,,, for treatment of one or more of the following disorders “, “ a composition comprising the serotherapeutic compound …for eliminating senescent cells or suppressing the phenotype of senescent cells.. for treatment of one or more of the following disorders” are recited. These expressions can be confusing because these are hybrid claims of combining a compound claim or a composition claim and a method for the treatment claim. The examiner recommends to separate each into two different 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 6-9, 11-16 and 19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated clearly by Pitari et al (WO 2019/008537 A1).
Pitari et al discloses the following compound of formula (I):
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(see from page 7 , line 10 to page 8, line 8).
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a linker L (see page 64, line 16 to page 65, line 1)
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(see pages 65-81, compounds L1-L90)
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(see page 58, line 3)
Regardless of the intended uses for treatment of the various disorders, these are identical with the claims.
Claim(s) 1-3, 8-9, 14-16 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated clearly by Li et al (Emerging senolytic agents derived from natural products, Mechanisms of Ageing and Development (2019), 181, 1-6).
Li et al discloses the following compounds:
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(see page 5 , Fig. 2 ).
Regardless of the intended uses for treatment of the various disorders, this is identical with the claims.
Conclusion
Claims 1-16 and 19-20 are rejected.
`Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAYLOR V OH whose telephone number is (571)272-0689. The examiner can normally be reached 8:00-5:00.
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, Andrew Kosar can be reached at 571-272-0913. 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.
/TAYLOR V OH/Primary Examiner, Art Unit 1625 5/28/2026
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