DETAILED ACTION
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 .
According to paper filed on Sep. 8, 2026, the applicants have canceled claims 1-26, 28, 30-39 and 41; amended claims 27, 29 and 40 and furthermore, have added new claims 42-48.
Claims 27, 29, 40 and 42-48 are pending in the application.
Response to Arguments
Applicants’ arguments filed Sep. 8, 2026 have been fully considered but they are not persuasive regarding enablement rejection of claims 40, 42-45 and 48. The applicants have amended claims to overcome all other rejections. Regarding enablement rejection, the applicants argue on page that the cited article by Miceli (Current Opinion in Pharmacol.) supports treating all the recited diseases by Kv7.2 potentiators in instant claim 40. The examiner does not agree with this. The examiner has gone through the reference by Miceli. According to this article, specifically based on data in table 1 on page 70, the instant compounds will have therapeutic utility for treating pain, epilepsy, neurodegenerative diseases and migraine only.
Conclusion
The enablement rejection of claims 40, 42-45 and 48 under 35 U.S.C. 112, 1st paragraph is maintained.
NEW GROUNDS OF REJECTION
6. 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 40 and 42-48 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.
In independent claim 40, it is not clear who is being treated and administered compounds of claim 27?
Allowable Subject Matter
Claims 27 and 29 are allowed.
Applicants’ amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicants’ is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARANJIT AULAKH whose telephone number is (571)272-0678. The examiner can normally be reached Monday-Friday 7:00-3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton A Brooks can be reached at 571-270-7682. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARANJIT AULAKH/ Primary Examiner, Art Unit 1621
