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 .
Information Disclosure Statement
The lined-through reference of the 4/25/2025 IDS is a foreign patent. It should properly be listed in the foreign patent section of the IDS, not the non-patent literature section.
Specification
The use of the terms Tween-80 (page 6, [0023]) and Zorbax (page 14, [0045]), which are trade names or marks used in commerce, has been noted in this application. The terms should be accompanied by the generic terminology; furthermore the terms should be capitalized wherever they appear or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
The disclosure is, therefore, objected to because of the following informalities: the trademarks are not accompanied by the generic terminology.
Appropriate correction is required.
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.
(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 is rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by US 9,089,544 B2, cited in the IDS.
The reference teaches a kit comprising a pharmaceutical composition formulated for oral administration comprising a taxane and a CYP3A4 inhibitor, such as ritonavir (abstract; column 6, line 31; column 12, line 34). Docetaxel is a preferred taxane (column 10, line 60) and a pharmaceutical composition formulated for oral administration comprising docetaxel and ritonavir is exemplified (column 20, line 29).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN J DAVIS whose telephone number is (571)272-0638. The examiner can normally be reached M-F 8:30-5:00 PM EDT.
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/BRIAN J DAVIS/Primary Examiner, Art Unit 1614 9/23/2026
