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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 6 and 10-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen, Ying-Ying, et al. "Dapagliflozin prevents NOX-and SGLT2-dependent oxidative stress in lens cells exposed to fructose-induced diabetes mellitus." International Journal of Molecular Sciences 20.18 (2019): 4357 (Chen).
Chen teaches that cataracts in patients with diabetes mellitus (DM) are a major cause of blindness in developed and developing countries (Abstract). Chen teaches that SGLT2 inhibitors such as dapagliflozin represent a new therapeutic option for the treatment of cataracts in type 2 DM patients (Conclusion). The beneficial effects of dapagliflozin on the LECs may be mediated by inhibition of GLUT expression, downregulation of factors such as the RAGE and NADPH oxidases, and the prevention of ROS accumulation. These findings suggest that the SGLT2 inhibitor dapagliflozin may be a candidate for the pharmacological prevention of cataracts in patients with diabetes mellitus.
Thus, Chen teaches or reasonably suggests the treatment of cataracts in type 2 DM patients comprising the administration of dapagliflozin. The administration of dapagliflozin to a type 2 DM patient having cataracts is embraced by the instantly claimed method. Thus, claims 6 and 10-12 are anticipated.
Conclusion
Claims 6-7 and 10-13 are pending. Claims 6 and 10-12 are rejected. Claims 7 and 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. No claims are allowed.
Contacts
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK T LEWIS whose telephone number is (571)272-0655. The examiner can normally be reached Monday to Friday, 10 AM to 4 PM EST (Maxi Flex).
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/PATRICK T LEWIS/Primary Examiner, Art Unit 1691
/PL/
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