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 1-30 are pending. Claims 1-30 are examined on the merits.
Claim Objections
Claim 5 recites “PG”, and Applicant is required to spell out the full chemical name of the PG. Claims 8, 9, 12, 13, 20, 23, 24, 27, and 28 are objected for the same reason; for failing to identify the abbreviated term. Claims 10, 11, 25, and 26 are objected for dependent upon the objected claims.
Claims 2-4, 6, 7, 14, 15, 17-19, 21, 22, 29, and 30 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.
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, and 16 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Caltabianos et al (WO 2012018773 A1).
Caltabianos et al teach NOVELTY - Combination comprises: (i) a beta-3 adrenergic receptor agonist and (ii) a muscarinic receptor antagonist (thus claim 1 is met). DESCRIPTION - An INDEPENDENT CLAIM is also included for treating at least one symptom associated with overactive bladder in a mammal (thus a method of supporting bladder health, thus claim 1 is met; thus identifying a subject experiencing or likely to experience overactive bladder or at least one symptom associated therewith, thus claim 16 is met), comprising administering to the mammal the combination of (i) and (ii). USE - The combination is useful in the treatment of: at least one symptom associated with overactive bladder in a mammal, where the symptoms comprise frequency of urgency, nocturia or urinary incontinence (all claimed); gastrointestinal syndromes e.g. irritable bowel syndrome, inflammatory bowel disease and ulcerative colitis; and cardiovascular diseases (see Abstract). Caltabianos et al teach pharmaceutical formulations adapted for oral administration may be presented as discrete units such as capsules or tablets; powders or granules; solutions or suspensions in aqueous or non-aqueous liquids, etc. (page 15, lines 3-5).
Therefore, the reference is deemed to anticipate the instant claim above.
Conclusion
No claim is allowed.
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/Qiuwen Mi/
Primary Examiner, Art Unit 1655