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 .
Response to Amendment and Status of the Claims
The amendments filed on August 19, 2026 have been entered. Claims 1, 9, 17, 18, 22, 27, 28, and 32 are pending in this application. Claims 2-8, 10-16, 19-21, 23-26, 29-31, and 33-36 have been cancelled.
Status of Priority
The present application claims the benefits of priority to U.S. Provisional Application No. 63/428,690, filed on November 29, 2022.
Withdrawn Rejections/Objections
Applicant is notified that any outstanding rejection/objection that is not expressly maintained in this office action has been withdrawn or rendered moot in view of applicant's amendments and/or remarks.
Election/Restriction
Examiner previously required a restriction of the claimed inventions. The requirement filed on February 12, 2026 was withdrawn in the first non-final rejection (filed May 19, 2026).
Specification - Disclosure
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
----------------------------------- Added Rejections -----------------------------------
Claim Rejections - 35 USC § 112(b)
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.
Claim 32 is 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.
Instant claim 32 recites:
“A method for treating Huntington’s Disease comprising administering to a subject in need thereof an effective amount of a compound, or a pharmaceutically acceptable salt, isotopically enriched analog, stereoisomer, or a mixture of stereoisomers thereof, selected from” the table disclosed in instant claim 32.
In the table recited in instant claim 32, compounds 1, 2, 4, 5, 7-10, 18, 20, and 22 are not encompassed by instant claim 1. Furthermore, compounds 1, 2, 4, 5, 7-10, 18, 20, and 22 are explicitly excluded from Formula I as disclosed in para. 0007 of the instant specification (herein, when referring to the instant specification, Examiner is referring to the clean copy filed on 08/19/2026). Even though the instant specification discloses the section, “3. Methods,” starting in para. 0139, the method being claimed (as recited in instant claim 32) is encompassing compounds that was explicitly excluded earlier in the instant specification in para. 0007. In other words, the scope of compounds encompassed by instant claim 32 is broader than the scope of compounds recited in para. 0007 of the instant specification. Moreover, it is unclear how Applicant can claim a method of using certain compounds that were explicitly excluded or not encompassed by the definition of Formula I in para. 0007 of the instant specification.
Therefore, the scope of instant claim 32 is unclear and instant claim 32 is rendered indefinite.
Conclusion
Claims 1, 9, 17, 18, 22, 27, and 28 are allowed. Claim 32 is rejected. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTEN ROMERO whose telephone number is (571)272-6478. The examiner can normally be reached M-F 9:30 AM - 6:00 PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JEFFREY H. MURRAY can be reached at (571) 272-9023. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KRISTEN W ROMERO/Examiner, Art Unit 1624
/JEFFREY H MURRAY/Supervisory Patent Examiner, Art Unit 1624
