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 .
According to paper filed on Nov. 20, 2025, the applicants have amended claims 1, 19 and 35.
Claims 1-15, 17-31, 33-49 and 51-52 are pending in the application.
Claim Objections
In claims 1, 19 and 35, depression and obesity are listed twice.
Response to Arguments
Applicant's arguments filed on Nov. 20, 2025 have been fully considered but they are not persuasive regarding enablement rejection of claims 1-15, 18-31, 34-49 and 52 and indefiniteness rejection of claims 1, 19 and 35. The applicants have amended claims as well as filed a declaration to overcome written description rejection. The applicants have also filed terminal disclaimer to overcome ODP rejections. Regarding enablement rejection, the applicants argue on page 28 that the declaration lists several references to address this rejection. The examiner does not agree with this. There is no mention in the declaration for treating depression, bipolar disorders, schizophrenia, major depressive disorder, Tourette syndrome, nervous tics, lethargy and neural insult with amphetamine. The declaration does address treating other diseases with amphetamines mentioned in claims 1, 19 and 35. The examiner also does not agree with applicant’s arguments regarding indefiniteness rejection of claims 1, 19 and 35. The applicants admit that increasing neurotransmitter concentration is a narrow limitation. However, in the same claim, broader limitation followed by narrow limitation renders the claim indefinite as stated in the last office action.
Conclusion
The enablement rejection of claims 1-15, 18-31, 34-49 and 52 under 35 U.S.C. 112, 1st paragraph is maintained.
The indefiniteness rejection of claims 1, 19 and 35 under 35 U.S.C. 112, 2nd paragraph is maintained.
Allowable Subject Matter
Claims 17, 33 and 51 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.
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.
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/CHARANJIT AULAKH/ Primary Examiner, Art Unit 1621