Patent progress - the statement regarding "imminent office action" from the USPTO caught my eye. I don't claim to know anything in particular about the patent process, but I went to the USPTO website (http://portal.uspto.gov/external/portal/pair) and looked up LWLG's patent application (no. 11/666320). This is what I took from some of the most recent documents.
On Sep. 29, 2008, the examiner issued a decision basically saying that LWLG (or more specifically, Fred Geotz, Sr., et. al.) would not be able to patent the range of molecules described in the original application (which I have not seen). He wants them to restrict their application to one molecule. This has to do with the concept of "unity of invention", or having the "same or corresponding technical features", which the examiner feels the whole range of molecules do not. He calls them "patentably distinct species". The applicant is required to elect a single species (molecule).
LWLG responded on 10/29/08, making the argument that the molecules are not distinct and share appropriate technical features. However, the examiner responded on 12/1/08 the this submittal was non-compliant, essentially rejecting LWLG's argument.
Another filing on 12/18/08 from LWLG is very conciliatory and summarizes a phone call with the examiner on 12/2, wherein LWLG concedes and select 1 species to be considered (I don't know the chemistry but I will guess it is Perkinamine NR).
On 2/6/09, the examiner issues a Non-Final Rejection, which instructs LWLG on how to re-work their documentation to be specific to the chosen species. He finds the molecule free of prior art.
The available document trail end there. It appears the examiner is encouraging LWLG to revise their documentation, expecting approval. Whatever imminent means, LWLG must feel that patent approval, at least for 1 molecule, is near at hand. Any comments are appreciated. |
