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 .
According to a preliminary amendment filed on Dec. 1, 2023, the applicants have amended claims 2-3 and 5-6 and furthermore, have added a new claim 7.
Claims 1-7 are pending in the application.
Claim Rejections - 35 USC § 102
(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.
Claim 1 is rejected under 35 U.S.C. 102(a) (1) as being anticipated by Forster (Environment. Sci. and Technol.).
Forster discloses multiple residue analysis of pesticides in urine of healthy adult companion dogs. The compound, fuberidazole (see compounds in the abstract) disclosed by Forster anticipates the instant claim when variables X, R and Y1-Y4 all represent H in the instant compounds of formula (I). It is of note that preamble (A canine filariasis agent) is intended use and therefore, does not carry any weight.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
6. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
7. Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Charizanova (Int. Congr. of Chemoth.) in view of Wizinger (U.S. Patent 3,211,748).
Charizanova discloses antinematodic activity of 2-substituted benzimidazoles. The antinematodic activity of compound 14 (see figure 1 on page 450) disclosed by Charizanova meets all the limitations of instant claim except that it does not teach treating fiariasis. However, Wizinger teaches high lethal action of compounds against nematodes and therefore, can be used for treating diseases caused by nematodes such as filariasis (see col. 2, lines 67-71). Therefore, it would have been obvious to one skilled in the art to treat filariasis by compound 14 disclosed by Charizanova with reasonable expectation of success.
Allowable Subject Matter
8. The following is a statement of reasons for the indication of allowable subject matter: Claims 3-7 are allowed since the instant compounds of claim 3 and method of treating filariasis using these compounds are neither disclosed nor obvious over the prior art.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARANJIT AULAKH whose telephone number is (571)272-0678. The examiner can normally be reached Monday-Friday 7:00-3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton A Brooks can be reached at 571-270-7682. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARANJIT AULAKH/ Primary Examiner, Art Unit 1621
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