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 . Claims 1-4 and 6-11 are pending in this application.
Election/Restrictions
Applicant’s election without traverse of Group II in the reply filed on 10/01/2026 is acknowledged. Upon further review of the case and search result, it is deemed necessary to withdraw the Restriction Requirement dated 08/10/2026.
Claim Rejections - 35 USC § 112
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 1-4 and 6-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention:
a. Claim 1 and claims dependent thereon are rejected because the phrase “method of prevent and/or treat a disease” is indefinite. What is covered and what is not? The claim literally covers the treatment and prevention of any disease that is known now and may be discovered later. It is impossible to treat or prevent any disease with the therapeutically effective amount of compound of formula (I). Is this a typographical error? It is recommended that applicants recite the treatment (not the prevention) of a specific disease such as malaria. Note that if applicants recite the prevention of a specific disease, the examiner will raise an enablement issue.
b. Claims 1 and 7 and claims dependent thereon are rejected because the phrase “A is an anion” is indefinite. What is covered and what is not? How can one tell if a given anion is not covered by the claim? To overcome this rejection, the examiner recommends that applicants recite specific anions.
c. In claim 11, the phrase “symptoms, complications and/or sequela” is indefinite. What symptoms? How can one tell if a given symptom is not a symptom of malaria? What complications and sequela of malaria are covered and what are not? To overcome this rejection, the examiner recommends that applicants amend the claim as “A method of treating malaria in a subject in need thereof…”.
Information Disclosure Statement
5. Applicant’s Information Disclosure Statement, filed on 07/12/2024 has been acknowledged. Please refer to Applicant’s copies of the 1449 submitted herewith.
Conclusion
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kahsay Habte Ph.D. whose telephone number is (571)272-0667. The examiner can normally be reached on 8:30 - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JEFFREY MURRAY can be reached on 571-272-9023. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Kahsay Habte/
Primary Examiner, Art Unit 1624
October 13, 2026
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