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 .
DETAILED ACTION
This is a response to Applicant’s communication filed on June 5, 2026. Application No. 18/552,305, is a 371 of PCT/US2022/021791, filed March 24, 2022, and claims the benefit of U.S. Provisional application No. 63/165,542, filed March 24, 2021. In a preliminary amendment filed March 7, 2026, Applicant cancelled claims 8-19, 26, 28, and 30; and added new claims 33-35. Claims 1-7, 20-25, 27, 29, and 31-35 are pending.
Rejections Withdrawn
The rejection of claims 1-7, 20-25, 27, 29, and 31-35 under 35 U.S.C. 112(a) as failing to comply with the enablement requirement, is withdrawn in view of Applicant’s June 5, 2026, Amendment & Remarks.
The rejection of claims 1-4, 33 and 35 under 35 U.S.C. 102(a)(1) as being anticipated by Missling, U.S. Patent No. 10,195,192, is withdrawn in view of Applicant’s June 5, 2026, Amendment & Remarks.
Rejection Maintained
Claim Rejections - 35 USC § 102(a)(1)
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.
The rejection of claims 5-7, 20-25, 27, 29, 31, 32, and 34, under 35 U.S.C. 102(a)(1) as being anticipated by Missling, U.S. Patent No. 10,195,192, is maintained for reasons made of record. Applicant argues that the prior art does not expressly disclose any coronavirus-related treatment method. Applicant’s argument is fully considered and is not persuasive.
Independent claim 5 is drawn to a method of treating a coronavirus disease; and independent claim 20 is drawn to a method of alleviating or ameliorating symptoms related to a coronavirus disease. Missling discloses AV1066 as therapeutic treatment for visceral and neuropathic pain. Missling discloses treating visceral pain that includes visceral pain resulting from inflammation caused by an infection. Id., Col. 2, lns. 3-11. According, at least with respect to treating pain associated with coronavirus disease; and alleviating or ameliorating persistent pain (see claim 21), Missling reads on the claims of the present invention.
Conclusion
Claims 1-4, 33, and 35 are allowed.
Claims 5-7, 20-25, 27, 29, 31, 32, and 34 are not allowed.
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY R ROZOF whose telephone number is (571)270-5992. The examiner can normally be reached Monday - Friday, 9:00 a.m. -5:00 p.m..
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew Kosar can be reached at (571) 272-0913. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY R ROZOF/Primary Examiner, Art Unit 1625
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