DETAILED ACTION
1. Claims 26, 35, 39, 42-45 are pending in the instant application.
2. New Claim Rejections - 35 USC § 102 and 103
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S.
1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) 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.
Claims 26, 35, 39, 42-45 are rejected under 103(a) as being unpatentable over Miller et al., WO 2020/091862.
Determination of the scope and content of the prior art (MPEP §2141.01)
Miller et al. disclose viloxazine and trazodone (page 2) to treat sleep apnea (abstract). The specific dosage of viloxazine from 50 mg to 800 mg is inherently there.
Ascertainment of the difference between the prior art and the claims (MPEP §2141.02)
The difference between the instant claims 26, 35, 39, 42-45 and the prior art is the viloxazine dosage from 50 mg to 800 mg.
Finding of prima facia obviousness-rational and motivation (MPEP §2142.2143)
It is within skill in the art to find the dosage from 50 mg to 800 mg of the viloxazine in ‘862. This specific dosage is inherently in ‘862.
3. Claims 26, 35, 39, 42-45 are rejected under 103(a) as being unpatentable over Montemurro et al., WO 2020/163785.
Determination of the scope and content of the prior art (MPEP §2141.01)
Montemurro et al. disclose viloxazine and trazodone (page 2) to treat sleep apnea and treating associated with pharyngeal airway muscle collapse (abstract). The specific dosage of viloxazine from 50 mg to 800 mg is inherently there.
Ascertainment of the difference between the prior art and the claims (MPEP §2141.02)
The difference between the instant claims 26, 35, 39, 42-45 and the prior art is the viloxazine dosage from 50 mg to 800 mg.
Finding of prima facia obviousness-rational and motivation (MPEP §2142.2143)
It is within skill in the art to find the dosage from 50 mg to 800 mg of the viloxazine in ‘785. This specific dosage is inherently in ‘785.
4. Claims 26, 35, 39, 42-45 are rejected under 103(a) as being unpatentable over Rapiy et al., WO 2006069030.
Determination of the scope and content of the prior art (MPEP §2141.01)
Rapiy et al. disclose viloxazine and trazodone (page 16) to treat sleep apnea and treating associated with pharyngeal airway muscle collapse (page 1). The specific dosage of viloxazine from 50 mg to 800 mg is inherently there.
Ascertainment of the difference between the prior art and the claims (MPEP §2141.02)
The difference between the instant claims 26, 35, 39, 42-45 and the prior art is the viloxazine dosage from 50 mg to 800 mg.
Finding of prima facia obviousness-rational and motivation (MPEP §2142.2143)
It is within skill in the art to find the dosage from 50 mg to 800 mg of the viloxazine in ‘030. This specific dosage is inherently in ‘030.
5. Claims 26, 35, 39, 42-45 are rejected under 103(a) as being unpatentable over Maddaford et al., US 7,375,219.
Determination of the scope and content of the prior art (MPEP §2141.01)
Maddaford et al. disclose viloxazine and trazodone (page 7) to treat sleep apnea and treating associated with pharyngeal airway muscle collapse (abstract). The specific dosage of viloxazine from 50 mg to 800 mg is inherently there.
Ascertainment of the difference between the prior art and the claims (MPEP §2141.02)
The difference between the instant claims 26, 35, 39, 42-45 and the prior art is the viloxazine dosage from 50 mg to 800 mg.
Finding of prima facia obviousness-rational and motivation (MPEP §2142.2143)
It is within skill in the art to find the dosage from 50 mg to 800 mg of the viloxazine in ‘219. This specific dosage is inherently in ‘219.
Applicants’ amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for replying 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 extension fee 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 date of this final action.
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.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/NILOOFAR RAHMANI/ Primary Examiner, Art Unit 1691
09/14/2026
Prosecution Insights