DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment and Rebuttal Arguments
2. The amendment to the claims filed on August 7, 2026 have been fully considered. The amendments are sufficient to overcome the 35 USC 112b rejection of claim 10.
3. The amendments are not sufficient to overcome the 35 USC 112b rejection of claims 12 and 14.
4. The amendments to the claims and rebuttal arguments are not sufficient to overcome the obviousness-type double patenting rejection over US 12,029,715. Applicants rebuttal arguments have been considered, however, they are not found to be persuasive. Below are responses to the arguments.
The claims were previously rejected as being unpatentable over claims of US 12,029,715. The claims of the patent are directed to methods for treatment of reducing the risk of a retinoid X receptor mediated signaling dysfunction (eg. vitamin A5 deficiency) comprising administering a compound of
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with specific embodiments that are the present elected species. It was determined that the claims of the patent suggest to the skilled artisan to practice the present invention, and that the present claims are prima facie obvious.
Applicants argue that the rejection does not identify particular claims as compared with the present claims. Moreover, Applicants argue that the rejection does not identify the difference and why that difference would have been obvious. These arguments have been considered, however, they are not found to be persuasive. The rejection does set forth and explain the content of claims 1-17 of the patent and how they make obvious claims 10-12 and 14-17 of the present application. See above. For this reason, it is maintained that the rejection is proper. Claims 10-12 and 14-17 remain rejected.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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/SUN JAE YOO/Primary Examiner, Art Unit 1621
