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
This is a response to Applicant’s communication filed on July 8, 2024. Application No. 18/633,760, is a U.S. Nonprovisional application, filed April 12, 2024, and claims the benefit of U.S. Provisional application No. 63/495,891, filed April 13, 2023. In a preliminary amendment filed July 8, 2024, Applicant cancelled claims 11, 15, 16, 21-026, 28, 29, 31-40, and 42-56. Claims 1-10, 12-14, 17-20, 27, 30, and 41 are pending.
Claim Rejections - 35 USC § 102(a)(1)
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.
Claims 1-10, 12-14, 17-20, 27, 30, and 41 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Batinic-Haberic et al., US2021/0361702 A1. Batinic-Haberic discloses a method of reducing an ischemia-reperfusion injury in a subject in need thereof, the method comprising: intra-arterially administering a redox active compound that comprises a metal to the subject, thereby reducing the ischemia-reperfusion injury in the subject. See Batinic-Haberic et al., US PG ‘702, p. 1, para. [0004], for the redox active compound BMX-001 (a.k.a. Mn2 or MnBuOE); see also Id., Fig. 1. For porphyrin derivatives of BMX-001 such as MnT-2-PyP+, MnTE-2-PyP5+, MnTnHex-2-PyP5+; see also p. 2, para. [0009], Formula I, for flouro-substituted (an electron-withdrawing or electron donating group substituted) porphyrin derivatives; see Id., p. 8, para. [0070]-[0071], for the uses of the porphyrin derivatives disclosed therein, including treating (reducing) an ischemia-reperfusion injury; see Id., p. 13-16, para. [0104]-[0146] for the route of administration and composition elements of the dependent claims.
Conclusion
No claims are allowed.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY R ROZOF whose telephone number is (571)270-5992. The examiner can normally be reached Monday - Friday, 9:00 a.m. -5:00 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew Kosar can be reached at (571) 272-0913. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY R ROZOF/Primary Examiner, Art Unit 1625
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