DETAILED ACTION
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/03/2026, have been received and entered into the instant application. As reflected by the attached, completed copies of form PTO-1449, the Examiner has considered the cited reference to the extent that they comply with the provisions of 37 C.F.R. §1.97, §1.98, and MPEP §609.
Status of the Claims
Claims 19-49 are pending.
Applicants’ arguments, filed 06/03/2026, have been fully considered. Rejections and/or objections not reiterated from previous Office actions are hereby withdrawn. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set of rejections and/or objections presently being applied to the instant application.
Applicants’ amendments, filed on 06/03/2026, have each been entered into the record. Applicants have amended claims 19, 24 and 26. Applicants have newly added claim 44-49. Therefore, claims 19-49 are subject of the Office action below.
Withdrawn Rejections:
The rejection of claims 19-43 under 35 U.S.C. 103 as being unpatentable over:
1) Gastaut of record (J. Autism and Developmental Disorders, 1987) in view of Ceulemans of record (Epilepsia, 2012); and
2) Gastaut, Ceulemans and further in view of: 1) Al-Baradie of record (Neuroscience, 2013); and 2) Conry of record (Epilepsia, 2009),
is overcome by the Applicants’ arguments and is, hereby, withdrawn. For example, Applicants argue on the grounds that case 6 & 7 patients of Gastaut that were referred for LGS, were diagnosed with Rett's syndrome. Applicants cite Table 1 of Gastaut in support of the Applicants' position. Please see pages 6-19 of Remarks filed on 06/03/2026.
The rejection of 19-43 on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. patent No. 12,144,787 in view of: 1) Gastaut of Record; and 2) Ceulemans of Record, is withdrawn because the Applicants argue on the grounds that the ‘787 patent claims a method for treating Rhett syndrome, whereas, the instant application claims a method for treating LGS, and the ‘787 patent specification fails to disclose use of FFA for treating LGS (see pages 19-20 of Remarks).
Non-Statutory Double Patenting Rejection-Maintained
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The rejection of claims 19-43 is maintained and newly added claims 44-49 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. patent Nos: 1) 11,406,606; 2) 10,950,331; 3) 11,571,397; 4) 11,759,440; 5) 11,786,487; and 6) 11,634,377, for the reasons of record set forth in the previous Office action.
Response to Applicants’ Arguments/Remarks
Applicants’ Remarks filed on 06/03/2026, did not addressed the specific grounds of rejections as discussed in the previous Office action setting.
Response
The rejections will be maintained until a terminal disclaimer is filed or the claims are amended to obviate the rejections.
For the reasons made of record in the previous Office action, the rejections are maintained.
Conclusion
No claim is allowable.
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.
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
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IBRAHIM D BORI whose telephone number is (571)270-7020. The examiner can normally be reached on Monday through Friday 8:00AM-5:00PM(EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JEFFREY S LUNDGREN can be reached on 571-272-5541. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/IBRAHIM D BORI/
Examiner, Art Unit 1629
/JEFFREY S LUNDGREN/Supervisory Patent Examiner, Art Unit 1629
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