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 .
Claims 1-25 are pending in this application.
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 2 and 17-25 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. The following reasons apply:
Claim 2 is vague and indefinite in that it is not known what is meant by “R1-R4” in the second to last line on page 2, which is a range which does not particularly point out and distinctly claim the subject matter which applicants regard as the invention, i.e., it fails to indicate that which is embraced by the range. The definitions of each individual variable must be clearly set forth herein.
Claim 17 recites the limitation "Zollinger-Ellison syndrome" in the limitation of pathological hypersecretory condition. There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation "iodiopathic gastric acid hypersecretion" in the limitation of pathological hypersecretory condition. There is insufficient antecedent basis for this limitation in the claim.
Claim 19 recites the limitation "hypergastrinemia" in the limitation of pathological hypersecretory condition. There is insufficient antecedent basis for this limitation in the claim.
Claims 20-25 provide for the use of the compound of formula (I), but, since the claim does not set forth any steps involved in the method/process, it is unclear what method/process applicant is intending to encompass. A claim is indefinite where it merely recites a use without any active, positive steps delimiting how this use is actually practiced.
Claim 20 and claims dependent thereon are vague and indefinite in that it is not known what is meant by “a compound of compound of formula (I).
Claims 20 and 21 are vague and indefinite in that it is not known what is meant by “medicament” which does not clarify whether the claim is limited to a compound, composition, or even complex composition.
Claim 23 recites the limitation "Zollinger-Ellison syndrome" in the limitation of pathological hypersecretory condition. There is insufficient antecedent basis for this limitation in the claim.
Claim 24 recites the limitation "iodiopathic gastric acid hypersecretion" in the limitation of pathological hypersecretory condition. There is insufficient antecedent basis for this limitation in the claim.
Claim 25 recites the limitation "hypergastrinemia" in the limitation of pathological hypersecretory condition. There is insufficient antecedent basis for this limitation in the claim.
Claim Objections
Claims 1, 2, 13 and 19 and claims dependent thereon (claims 3-12 ,14-18 and 20-25) are objected to because of the following informalities: the structural formula in each claim is not legible. Appropriate correction is required.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENDA L COLEMAN whose telephone number is (571)272-0665. The examiner can normally be reached Mon-Fri 10-6 (flex).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey H. 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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/BRENDA L COLEMAN/Primary Examiner, Art Unit 1624
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