DETAILED ACTION
1. Claims 43-55, 58-61 are pending in the instant application.
2. The rejection of claims 43-55, 58-61 under Obviousness-type double patenting over the claims 1-20 of US 11,185,543 is maintained for reason of record.
Applicants argue that the Examiner must provide articulated reasoning as to why the claims would have been obvious to one ordinary skill in the art. The examiner broadly alleges that “all elements were known in the prior art, “but does not provide any reference filed before the instant application that describes all of the claimed elements, such as wherein the compound is administered “on days 1 to 21 of a 28-day cycle,” as recited in claim 43.
It is Examiner’s position that ‘543 claims analogues compound and method of using the compound in claims 1-20 as the instant claims 43-55, 58-61. ’543 patent on figure 4 shows the treatment starts on days 14 and on figure 24 shows the compound 2 administered on days 1-30. Therefore, the rejection is maintained.
3. The rejection of claims 43-55, 58-61 under Obviousness-type double patenting over the claims 11-26 of US 10,357,489 is maintained for reason of record.
Applicants argue that the Examiner must provide articulated reasoning as to why the claims would have been obvious to one ordinary skill in the art. The examiner broadly alleges that “all elements were known in the prior art, “but does not provide any reference filed before the instant application that describes all of the claimed elements, such as wherein the compound is administered “on days 1 to 21 of a 28-day cycle,” as recited in claim 43.
It is Examiner’s position that ‘489 claims analogues compound and method of using the compound in claims 11-26 as the instant claims 43-55, 58-61. ’489 patent on figure 4 shows the treatment starts on days 14 and on figure 24 shows the compound 2 administered on days 1-30. Therefore, the rejection is maintained.
THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicants are reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for replying 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 date of this final action.
4. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Niloofar Rahmani whose telephone number is
571-272-4329. The examiner can normally be reached on Monday through Friday from 8:30 am to 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Renee Claytor, can be reached on 571-272-8394. The fax phone number for the organization where this application or proceeding is assigned is 703-872-9306.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/NILOOFAR RAHMANI/ Primary Examiner, Art Unit 1691
08/25/2026
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