DETAILED ACTION
Claims 26, 35, 39, 41-45 are pending in the instant application.
2. 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 26, 35, 39, 41-45 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Miller et al., WO 2020/091862. Miller et al. discloses viloxazine and trazodone (page 2) to treat sleep apnea (abstract). Therefore, the instant claims are anticipated by Miller et al.
Claims 26, 35, 39, 41-45 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Montemurro et al., WO 2020/163785. Montemurro et al. discloses viloxazine and trazodone (page 2) to treat sleep apnea and treating associated with pharyngeal airway muscle collapse (abstract). Therefore, the instant claims are anticipated by Montemurro et al.
Claims 26, 35, 39, 41-45 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Rapiy et al., WO 2006069030. Rapiy et al. discloses viloxazine and trazodone (page 16) to treat sleep apnea and treating associated with pharyngeal airway muscle collapse (page 1). Therefore, the instant claims are anticipated by Rapiy et al.
Claims 26, 35, 39, 41-45 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Maddaford et al., US 7,375,219. Maddaford et al. discloses viloxazine and trazodone (page 7) to treat sleep apnea and treating associated with pharyngeal airway muscle collapse (abstract). Therefore, the instant claims are anticipated by Maddaford et al.
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Niloofar Rahmani whose telephone number is
571-272-4329. The examiner can normally be reached on Monday through Friday from 8:30 am to 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Renee Claytor, can be reached on 571-272-8394. The fax phone number for the organization where this application or proceeding is assigned is 703-872-9306.
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/NILOOFAR RAHMANI/
05/28/2026
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