DETAILED ACTION
Claims 1-7 are currently pending and are examined on the merits herein.
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 .
Application Priority
This application filed 11/21/2024 is a 371 of PCT/CZ2023/050029 filed on 05/29/2023 which claims foreign priority to CZECHIA PV 2022-227 filed on 05/30/2022.
Information Disclosure Statement
The information disclosure statement(s) (IDS) filed on 11/21/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS is being considered by the Examiner.
The following rejections are made:
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1- 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Szucova et al. (US 2008/0009508 Al).
Szucova et al. teaches compositions containing 6,9-disubstituted purine] derivatives contained in a carrier composition (abstract [0018]). Example 4 illustrates the preparation of 6-furfurylamino-9-(2-tetrahydrofuranyl)purine.
The recitations in claims 2-7 to the prevention and/or therapy of circadian rhythm diseases., the disease to be treated is selected from the group of hereditary advanced sleep phase syndrome - FASPS, advanced sleep phase disorder - ASPD, irregular sleep phase syndrome and free running sleep phase, abnormal circadian activity associated with neurodegeneration selected from the group consisting of mild cognitive impairment, Alzheimer's disease, and Smith-Magenis syndrome, subjects exhibiting abnormal circadian activity as a result of a shortened period of the circadian cycle and/or advanced phase of the circadian rhythm, the use is therapeutic or prophylactic, and the disease to be treated is selected from the group consisting of jet lag disorder, social jet lag, and shift-work disorder, use in synchronizing a patient's optimal circadian time and solar time for the application of therapy, in particular chemotherapy, radiotherapy or surgery, is not limiting because the body of the claim describes a complete invention and the language recited solely in the preamble does not provide any distinct definition of any of the claimed invention’s limitations. Thus, the preamble of the claim(s) is not considered a limitation and is of no significance to claim construction. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See MPEP § 2111.02.
Conclusion
No claims allowed.
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/LAYLA SOROUSH/ Primary Examiner, Art Unit 1622
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