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
This office action is in response to applicant's request for continued examination filed on December 17, 2025.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 and amendments filed on April 6, 2009, have been entered.
Status of Claims
Amendment of claims 21, 25-31, 33 and 39 is acknowledged.
Claims 21-40 are currently pending and are the subject of this office action.
Claims 21-40 are presently under examination.
Priority
PNG
media_image1.png
44
402
media_image1.png
Greyscale
Rejections and/or Objections and Response to Arguments
Rejections and/or objections not reiterated from previous office actions are hereby withdrawn. The following rejections and/or objections are either reiterated (Maintained Rejections and/or Objections) or newly applied (New Rejections and/or Objections, Necessitated by Amendment or New Rejections and/or Objections not Necessitated by Amendment). They constitute the complete set presently being applied to the instant application.
Responses to Applicant’s arguments have been addressed immediately after the corresponding rejections, or in the section: Withdrawn Rejections and/or Objections, if the rejection was withdrawn.
Double Patenting (Maintained Rejection)
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention, so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 21, 22, 23, 24, 26, 34, 35, 36, 37, 38 and 39 stand rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1, 2, 3, 4, 7, 8, 10, 13, 15, 16 and 19 respectively of prior U.S. Patent No. 11,813,239.
This is a statutory double patenting rejection.
Response to Applicant’s arguments related to the above rejection
Applicant's arguments have been fully considered but are not persuasive.
Applicant argues that:
This rejection has been obviated with the amendment to claim 1 to recite administering the succinate dehydrogenase inhibitor to the subject over a period of time after a cardiac event, wherein the period of time comprises a point in time at least 90 minutes after the cardiac event. As outlined in the specification p.13, lines 1-7:
The administering can comprise administering the succinate dehydrogenase inhibitor to the subject over a period of time after a cardiac event, such as any cardiac ischemia-reperfusion. By definition, the period of time commences with the first administration of the succinate dehydrogenase inhibitor after the cardiac event. This definition does not preclude administering the succinate dehydrogenase inhibitor during or before the cardiac event, but such administration during or before the cardiac event is not considered to be included within the period of time after the cardiac event.
Examiner’s response:
The above last paragraph from Applicant also applies to claims: 1, 2, 3, 4, 7, 8, 10, 13, 15, 16 and 19 of US 11,813,239
While the wording of the claims is slightly different, the claims prima facie encompasses the same method. By using the word “comprising” in claim 1 of the US 11,813,239, claim 1 also “does not preclude administering the succinate dehydrogenase inhibitor during or before the cardiac event”. In other words, claim 1 of US. 11,813,239 requires that one of the SDHI administrations starts at least 90 minutes after the cardiac event but does not prevent (due to the use of the word comprising) the administration of SDHI at different points in time (during or before the cardiac event).
Claim Objections
Claims 25, 27-33 and 40 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
No claims are allowed.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCOS L SZNAIDMAN whose telephone number is
(571) 270-3498. The examiner can normally be reached Flexing M-F 7 AM-7 PM.
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, Amy L. Clark can be reached on 571 272-1310. 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.
/MARCOS L SZNAIDMAN/
Primary Examiner, Art Unit 1628
January 7, 2026.
Prosecution Insights