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
Claims 1-22 are pending. Claims 1-22 are examined on the merits.
Claim Rejections –35 USC § 112, 2nd
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 12, 13, 17, 20, and 21 are rejected under 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
Claims 12 (at line 4) and 13 (at line 3) recite, “in particular of brainstem”.
Claim 17 recites “such as” at line 5”.
Claim 20 recites “preferably” at line 5.
The phrase "such as", “preferably” or “in particular” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Therefore, the metes and bounds of claims are rendered vague and indefinite. The lack of clarity renders the claims very confusing and ambiguous since the resulting claims do not clearly set forth the metes and bounds of the patent protection desired.
All other cited claims depend directly or indirectly from rejected claims and are, therefore, also, rejected under U.S.C. 112, second paragraph for the reasons set forth above.
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 1-22 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Chang et al (WO 2017211274 A1).
Chang et al teach the compounds of formula (I), in particular tripentadecanoin contained in ophioglossum (see claims 23-26) (thus claim 8 is met), for the treatment and/ or prevention of neurodegenerative diseases (thus claims 17 is met), retinal or optic nerve degenerative diseases, demyelinating diseases, neuromuscular disorders and muscular dystrophy (thus muscle weakness, thus claims 14 and 15 are met), brain (thus claims 12 and 13 are met) or spinal cord nerve injury, cranial nerve disorders, or seizures (thus claim 16 is met), amyloid deposit related diseases, chronic diseases selected from the group consisting of kidney diseases, diabetes and asthma (thus claim 13 is met), and for the use of anti-aging or life-span prolongation and improving brain function (see claim 7), like encephalitis caused by or related to Zika virus (see claim 10) (thus claim 9 is met, thus claim 19 is met). The dosage of the compound is from 1 µg (microgram)/day to 50 mg/day (see claim 21) (thus claims 1-5 are met, thus claim 22 is met).
Chang et al teach a metabolite or prodrug of the compound of formula (I) according to claim 4, wherein the metabolite or prodrug is HOC(O)C12-alkyl, HOC(O)C-14-alkyl (thus claims, HOC(O)C-16-alkyl, HOC(O)C18-alkyl or HOC(O)C20-alkyl for the manufacture of a medicament for humans and/or animals (see claim 6).
Chang et al teach the use of the compound of the formula (I) according to any one of claims 1 to 6 for the manufacture of a medicament for the treatment and/or prevention of neurodegenerative diseases, retinal or optic nerve degenerative diseases, demyelinating diseases, neuromuscular disorders and muscular dystrophy, brain or spinal cord nerve injury, cranial nerve disorders, or seizures, amyloid deposit related diseases, chronic diseases selected from the group consisting of kidney diseases, diabetes and asthma, and for the use of antiaging or life-span prolongation and improving brain function (see claim 7) (thus claim 6 is met).
Chang et al teach a pharmaceutical composition for the use in the treatment and/or prevention of the diseases and conditions of claims 7 to 14, wherein the composition contains the compound of claims 1 to 6 and a pharmaceutically acceptable carrier (see claim 16) (thus claim 7 is met).
Regarding claims 20 and 21, since the claimed compound is being administered to the claimed subject at the claimed dosage, it is the inherent mechanism that the compound of formula I is going to perform the claimed designated function, which is to upregulate expression of neuroglobin, and inhibit apoptosis of neuron cells (thus claims 20 and 21 are met).
Regarding claims 10, 11, and 19, since the claimed compound is being administered to the claimed subject at the claimed dosage, it is inherent that the compound of formula I is going to perform the claimed designated function, which is to prevent the viral infection disease claimed by SARS-CoV-2, and prevent the cardiorespiratory failure (thus claims 10, 11, and 19 are met).
Therefore, the reference is deemed to anticipate the instant claim above.
Conclusion
No claim is allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QIUWEN MI whose telephone number is (571)272-5984. The examiner can normally be reached on Monday-Friday 9:00 am to 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terry McKelvey can be reached on 571-272-0775. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Qiuwen Mi/
Primary Examiner, Art Unit 1655