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 1-9 are presented for examination. Claims 1 and 4 are the independent claims.
Claim Rejections - 35 USC § 112
Claims 1-9 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 broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claims 1 and 4 recite the broad recitation of the structural formula of the beta carboline alkaloid and phenolic acid, and the claim also recites the compounds 1-methyl-9H-pyrido[3,4-b]indol-7-ol and 4-hydroxy-3,5-dimethoxybenzoic acid which are the narrower species of the genus of the limitation. The claims are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: Subject matter directed to compositions comprising 1-methyl-9H-pyrido[3,4-b]indol-7-ol and 4-hydroxy-3,5-dimethoxybenzoic acid or a salt thereof would be allowable.
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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September 24, 2026
/BRUCK KIFLE/Primary Examiner, Art Unit 1624
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