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 .
Claims 1-12 are pending in this application.
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ono et al., JP 2000143523. Ono teaches the pharmaceutical composition comprising cepharantine and chloroquine RN 269719-03-1.
Claim Objections
Claims 5, 6, 8, 11 and 12 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. None of the prior art of record nor a search in the pertinent art area teaches the pharmaceutical composition or method of treating a viral infection comprising cepharantine with at least one substance selected from a second group of substances selected from ademetionine, albendazole, atovaquone, celastrol, cycloheximide, diethylstilbestrol, gemcitabine, homoharringtonine, hydroxy progesterone, imatinib, imipramine, indomethacin, ivermectin, niclosamide, raloxifene, sorafenib, or tipifarnib.
Allowable Subject Matter
Claims 1, 3, 4, 7, 9 and 10 are allowed. None of the prior art of record nor a search in the pertinent art area teaches the pharmaceutical composition or method of treating a viral infection comprising atovaquone with at least one substance selected from a second group of substances as claimed herein.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENDA L COLEMAN whose telephone number is (571)272-0665. The examiner can normally be reached Mon-Fri 10-6 (flex).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey H. Murray can be reached on 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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/BRENDA L COLEMAN/Primary Examiner, Art Unit 1624
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