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 .
Information Disclosure Statement
Applicant have not filed an IDS.
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tabuteau
(US 20190307884). The reference teaches a combination of meloxicam and rizatriptan to treat migraine (see, for example, claim 1).
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tabuteau
(US 20190336510). The reference teaches a combination of meloxicam and rizatriptan to treat migraine (see, Example 2).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over Tabuteau (US 20190307884) or (US 20190336510). The references independently teach a pharmaceutical composition comprising meloxicam and rizatriptan (see anticipation rejection). The claims differ by adding additional excipients and process of preparing the composition. However, these are common and routine ingredients/process to one skilled in the art. The skilled artisan would be motivated to modify any known pharmaceutically composition by adding a known pharmaceutical excipient composition because the skilled artisan knows that properties, such as, stability or availability are altered depending on the excipient. Thus, the additional excipients and process of making the composition would be routine to the skilled artisan rendering the claims obvious.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRUCK KIFLE whose telephone number is (571)272-0668. The examiner can normally be reached 8 AM - 6 PM, M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey H. Murray can be reached at 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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May 30, 2026
/BRUCK KIFLE/Primary Examiner, Art Unit 1624
