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 .
Response to Amendment
The Amendment filed July 31, 2026, in response to the Non-final rejection of May 5, 2026 is acknowledged and has been entered.
Claims 33, 35-36, 41-48, 51, and 54 were amended or previously presented. Claims 57-63 were newly added.
Claims 33, 35-36, 41-48, 51, 54 and 57-63 are currently under consideration.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office Action.
Rejections Withdrawn
The rejection of Claims 34 and 47 under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement is withdrawn in view of the cancellation of Claim 34 and amendment to Claim 47.
Rejections Maintained
Claims 33, 35-36, 41-46, 48, 51, and 54 remain rejected and amended claim 47 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 10478480 for the reasons of record. New claim 47 is similar to issued claim 5.
Claims 33, 35-36, 41-46, 48, 51, and 54 remain rejected and claims 47 as well as new claims 57-63 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12097249 for the reasons of record. As set forth previously, the portion of the specification of the reference that describes subject matter that falls within the scope of a reference claim may be relied upon to properly construe the scope of that claim. In particular, when ascertaining the scope of the reference’s claim(s) to a compound, the examiner should consider the reference’s specification, including all of the compound’s uses that are disclosed. See Sun Pharm. Indus., 611 F.3d at 1386-88, 95 USPQ2d at 1801-02. All of the cancers currently claimed are similarly taught by the patent (column 12, lines 36+).
Applicants did not argue the merits of the rejection(s) (Response, 07/31/2026, page 5) but stated that they will determine whether to file a terminal disclaimer or not once claims are otherwise found allowable. As no terminal disclaimers were filed, the rejections of record are maintained.
No claim is currently allowed.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY B NICKOL, Ph.D. whose telephone number is (571)272-0835. The examiner can normally be reached M-F 9AM-5:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Julie Wu can be reached at 571-272-5205. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GARY B NICKOL/Primary Examiner, Art Unit 1643
