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 .
Priority
This application is a CON of PCT/JP2022/020975 (05/20/2022)
and claims foreign priority to JAPAN 2021-086454 (05/21/2021).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3, 5, 7, 12, 16, 17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 3, 5, 7, 12, 16, 17 have what appears to be typographical errors or inconsistent language that renders the claim unclear, for example: claims 3,5,7,12: “serin[e]”; claim 10: “nee[d]”; claim 16,17: “slat thereof”. One of skill in the art would be uncertain whether the claim language is referring to something other than an assumed typo.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Iwamoto et al. (JP04-091034, (1992), citations to English translation).
Iwamoto teaches the nerve protective agent (FPF-1070, aka Cerebrolysin) comprising 1.50 mg of glycine, 0.30 mg of serine and 4.30 mg of glutamic acid, and indicates that the agent is used as an agent for preventing and treating dementia (p. 199-200). Iwamoto’s composition corresponds to a glycine/serine ratio of 1.5/0.3 = 5. Regarding claims 6-7, Iwamoto teaches oral administration (p. 199). Thus Iwamoto anticipates the composition claims 1-9.
Regarding claim 10 to a method for improving cognitive function by administering the composition, Iwamoto teaches that the composition is CNS protective and prevents dementia (i.e., claims 1 and 5). Thus, as with claims 1-9, claims 10-19 are anticipated.
Conclusion
No claims allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT H HAVLIN whose telephone number is (571)272-9066. The examiner can normally be reached 9am - 6pm.
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/ROBERT H HAVLIN/Primary Patent Examiner, Art Unit 1626
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