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, 3-14 and 16-21 are currently pending. Applicants have amended claims 1, 3-13 and 16, canceled claims 2 and 15 and added new claims 16-21 in the amendment filed on August 28, 2024. The claim 3 is rejected and claims 1, 4-14, 16-21 are considered allowable.
I. Priority
The instant application is a 371 of PCT/EP2023/054766, filed on February 27m 2023 and claims benefit of Foreign Application EPO 22383269.5, filed on February 28, 2022.
II. Information Disclosure Statement
The information disclosure statement (IDS) submitted on August 28, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
III. Rejections
Claim Rejections - 35 USC § 112
The following is a quotation of the second paragraph of 35 U.S.C. 112:
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.
Claim 3 is 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. Specifically, claim 3 is dependent on canceled claim and it is unclear what Applicants are attempting to claim as the subject matter. Therefore, the claim is considered indefinite. Applicants are suggested to amend claim 3 so that it depends on claim 1 and not canceled claim 2 to overcome the rejection.
***closest prior art is WO 2016/120530 A1 which teaches crystalline forms of the compound darolutamide but does not teach crystalline forms with the X-ray diffraction peaks 10.2, 14.4 and 17.8 ± 0.2 degrees 2-theta as defined in claim 1. The nanocrystalline form of the instant claims are neither taught or suggested by the prior art.
IV. Conclusion
Telephone Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shawquia Jackson whose telephone number is (571)272-9043. The examiner can normally be reached on M-F 7AM-4PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Adam Milligan can be reached on (571) 270-7674. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the
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/SHAWQUIA JACKSON/Primary Examiner, Art Unit 1626
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