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 .
DETAILED ACTION
Priority and Status of Claims
1. This application is a 371 of PCT/EP2021/084588 12/07/2021, which claims benefit of the foreign application EPO EP20212799.9 with a filing date 12/09/2020.
2. Amendment of claims 1, 5-6, 9-11, and 13-14, cancelation of claims 2-4 and 15, and addition of claims 16-24 in the amendment filed on 2/6/2026 is acknowledged. Claims 1, 5-14 and 16-24 are pending in the application. No new matter has been found. Since the newly added claims 16-24 are commensurate within the scope of invention, claims 1, 5-14 and 16-24 are prosecuted in the case.
Responses to Amendments/Arguments
3. The rejection of claims 1 and 5-14 under 35 U.S.C. 112 (a) has been overcome in the amendment filed on 2/6/2026. Since claims 2-4 have been canceled, therefore the rejection of claims 2-4 under 35 U.S.C. 112 (a) has been obviated herein. Since claim 3 has been canceled, therefore the rejection of claim 3 under 35 U.S.C. 112 (b) has been obviated herein.
4. Since De Luca et al. and Thiruvengadam et al. ‘636 do not disclose the instant methods of use, therefore they are distinct from the instant invention. The rejection of claims 1 and 5-10 under 35 U.S.C. 103 (a) has been overcome in the amendment filed on 2/06/2025. Since claims 2-3 have bee canceled, therefore the rejection of claims 2-3
under 35 U.S.C. 103 (a) has been obviated herein.
5. Since a terminal disclaimer against Feige et al. ‘914 has been filed to the Office, therefore the rejection of claims 1, 11 and 14 under the obviousness-type double patenting over Feige et al. ‘914 is maintained. Applicants are requested to file a terminal disclaimer to the Office.
Claim Objections
6. Claims 5-10, 12-13 and 16-24 are objected to as being dependent on rejected claim 1.
7. 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 extension fee 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REI TSANG SHIAO whose telephone number is (571)272-0707. The examiner can normally be reached on 8:30 am-5:00 pm.
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/REI TSANG SHIAO/
Rei-tsang Shiao, Ph.D.Primary Examiner, Art Unit 1691
March 09, 2026