throbber
DOC Code: TRACK1.REQ
`Document Description: TrackOne Request
`
`PTO/AlA/424 (04—14)
`
`CERTIFICATION AND REQUEST FOR PRIORITIZED EXAMINATION
`
`UNDER 37 CFR 1.102(e) (Page 1 of 1)
`
`—
`METHODS OF THERAPEUTIC MONITORING OF NITROGEN SCAVENGING DRUGS
`APPLICANT HEREBY CERTIFIES THE FOLLOWING AND REQUESTS PRIORITIZED EXAMINATION FOR
`THE ABOVE-IDENTIFIED APPLICATION.
`
`LUPIN EX. 1022
`
`A request for continued examination has been filed with, or prior to, this form.
`If the application iS a utility application, this certification and request iS being filed via EFS—Web.
`The application is an original nonprovisional utility application filed under 35 U.S.C. 111(a), or is
`a national stage entry under 35 U.S.C. 371.
`. This certification and request is being filed prior to the mailing of a first Office action responsive
`to the request for continued examination.
`No prior request for continued examination has been granted prioritized examination status
`under 37 CFR1.102(e)(2).
`
`1. The processing fee set forth in 37 CFR 1.17(i)(1) and the prioritized examination fee set forth in
`37 CFR 1.17(c) have been filed with the request. The publication fee requirement is met
`because that fee. set forth in 37 CFR 1.18(d), is currently $0. The basic filing fee, search fee,
`and examination fee are filed with the request or have been already been paid.
`I understand
`that any required excess Claims fees or application Size fee must be paid for the application.
`
`I understand that the application may not contain, or be amended to contain, more than four
`independent claims, more than thirty total claims, or any multiple dependent Claims, and that
`any request for an extension of time will cause an outstanding Track | request to be dismissed.
`
`3. The applicable box is checked below:
`
`Ori
`
`inal A lication Track One - Prioritized Examination under ~ 1.102 e 1
`
`i.
`
`(a) The application is an original nonprovisional utility application filed under 35 U.S.C. 111(a).
`ThiS certification and request is being filed with the utility application via EFS-Web.
`___OR___
`
`(b) The application is an original nonprovisional plant application filed under 35 U.S.C. 111(a).
`ThiS certification and request is being filed with the plant application in paper.
`
`ii. An executed inventor’s oath or declaration under 37 CFR 1.63 or 37 CFR 1.64 for each
`
`inventor. g the application data sheet meeting the conditions Specified in 37 CFR 1.53(f)(3)(i) is
`filed with the application.
`
`Re uest for Continued Examination - Prioritized Examination under
`
`.
`
`'
`
`Date
`Signature/Lauren L. STEVENS/
`7-31-2015
`
`Name
`Print/T ed
`
`Lauren L. Stevens
`
`Practitioner
`Re istration Number
`
`36691
`
`This form must be signed in accordance with 37 CFR 1.33. See 37 CFR 1.4(d) for signature requirements and certifications.
`Note:
`Submit multile forms if more than one si nature is reuired. *
`
`D *Total of
`
`forms are submitted.
`
`1 of 206
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`

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`The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your
`submission of the attached form related to a patent application or patent. Accordingly, pursuant to the requirements of
`the Act, please be advised that: (1) the general authority for the collection of this information is 35 U.S.C. 2(b)(2); (2)
`furnishing of the information solicited is voluntary; and (3) the principal purpose for which the information is used by the
`US. Patent and Trademark Office is to process and/or examine your submission related to a patent application or
`patent.
`If you do not furnish the requested information, the US. Patent and Trademark Office may not be able to
`process and/or examine your submission, which may result in termination of proceedings or abandonment of the
`application or expiration of the patent.
`
`The information provided by you in this form will be subject to the following routine uses:
`
`Privacy Act Statement
`
`1. The information on this form will be treated confidentially to the extent allowed under the Freedom of
`Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from this system of records may
`be disclosed to the Department of Justice to determine whether disclosure of these records is required by the
`Freedom of Information Act.
`A record from this system of records may be disclosed, as a routine use, in the course of presenting evidence
`to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel in the course of
`settlement negotiations.
`A record in this system of records may be disclosed, as a routine use, to a Member of Congress submitting a
`request involving an individual, to whom the record pertains, when the individual has requested assistance from
`the Member with respect to the subject matter of the record.
`A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency having
`need for the information in order to perform a contract. Recipients of information shall be required to comply
`with the requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m).
`A record related to an International Application filed under the Patent Cooperation Treaty in this system of
`records may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property
`Organization, pursuant to the Patent Cooperation Treaty.
`A record in this system of records may be disclosed, as a routine use, to another federal agency for purposes
`of National Security review (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act (42 U.S.C.
`218(0)).
`A record from this system of records may be disclosed, as a routine use, to the Administrator, General
`Services, or his/her designee, during an inspection of records conducted by GSA as part of that agency’s
`responsibility to recommend improvements in records management practices and programs, under authority of
`44 U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with the GSA regulations governing
`inspection of records for this purpose, and any other relevant (i.e., GSA or Commerce) directive. Such
`disclosure shall not be used to make determinations about individuals.
`A record from this system of records may be disclosed, as a routine use, to the public after either publication of
`the application pursuant to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C. 151. Further, a
`record may be disclosed, subject to the limitations of 37 CFR 1.14, as a routine use, to the public if the record
`was filed in an application which became abandoned or in which the proceedings were terminated and which
`application is referenced by either a published application, an application open to public inspection or an issued
`patent.
`A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law
`
`enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or regulation.
`
`2 of 206
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`

`

`PTO/AINM (12-13)
`Approved for use through 01131/2014. OMB 0651-0032
`US. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number.
`
`.
`.
`Application Data Sheet 37 CFR 1.76
`Application Number
`
`
`Title of Invention
`
`METHODS OF THERAPEUTIC MONITORING OF NITROGEN SCAVENGING DRUGS
`
`The application data sheet is part of the provisional or nonprovisional application for which it is being submitted. The following form contains the
`bibliographic data arranged in a format specified by the United States Patent and Trademark Office as outlined in 37 CFR 1.76.
`This document may be completed electronically and submitted to the Office in electronic format using the Electronic Filing System (EFS) or the
`
`document may be printed and included in a paper filed application.
`
`
`Secrecy Order 37 CFR 5.2
`
`D Portions or all of the application associated with this Application Data Sheet may fall under a Secrecy Order pursuant to
`37 CFR 5.2 (Paper filers only. Applications that fall under Secrecy Order may not be filed electronically.)
`
`Inventor Information:
`
`
`
`Inventor
`Legal Name
`
`1
`
`_
`
`Prefix Given Name
`
`Middle Name
`
`Family Name
`
`Residence Information (Select One) 6) US Residency 0 Non US Residency 0 Active US Military Service
`
`San Francisco I US StatelProvince CA Country of Residence i
`
`
`
`
`Mailing Address of Inventor:
`
`
`Address 1
`45 St. Francis Boulevard
`
`Address 2
`
`Inventor
`Legal Name
`
`2
`
`Mokhtarani
`Masoud
`
`
`Residence Information (Select One) @ US Residency 0 Non US Residency 0 Active US Military Service
`
`EFS Web 2.2.11
`
`
`
`
`
`StatelProvince
`
`Country of Residence i
`
`Walnut Creek
`
`Mailing Address of Inventor:
`Address 1
`725 Castle Rock Road
`
`Address 2
`
`Walnut Creek
`
`I StateIProvince
`City
`I Country i
`I US
`I 94598
`Postal Code
`Inventor Information blocks may be
`All
`Inventors Must Be Listed — Additional
`generated within this form by selecting the Add button.
`
`I CA
`
`Correspondence Information:
`
`Enter either Customer Number or complete the Correspondence Information section below.
`For further information see 37 CFR 1.33(a).
`
`3 of 206
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`

`PTO/AlAl14 (12—13)
`Approved for use through 01131/2014. OMB 0651-0032
`US Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number.
`
`Attorney Docket Number HOR0026—201—C1US
`
`Application Data Sheet 37 CFR 1.76
`_
`_
`Application Number
`
`Title Of Invention
`
`METHODS OF THERAPEUTIC MONITORING OF NITROGEN SCAVENGING DRUGS
`
`D An Address is being provided for the correspondence Information of this application.
`Customer Number
`101325
`
`Email Address
`
`admin@globalpatentgroupcom
`
`Application Information:
`
`Title of the Invention
`
`METHODS OF THERAPEUTIC MONITORING OF NITROGEN SCAVENGING DRUGS
`
`Attorney Docket Number HOR0026-201-C1US
`
`Small Entity Status Claimed
`
`|:|
`
`Application Type
`
`Nonprovisional
`
`Subject Matter
`
`Utility
`
`
`
`EFS Web 2.2.11
`
`Total Number of Drawing Sheets (if any)
`
`Suggested Figure for Publication (if any)
`
`Filing By Reference:
`
`Only complete this section when filing an application by reference under 35 U.S.C. 111(c) and 37 CFR1.57(a). Do not complete this section if
`application papers including a specification and any drawings are being filed. Any domestic benefit or foreign priority information must be
`provided in the appropriate section(s) below (i.e., "Domestic Benefit/National Stage Information" and "Foreign Priority Information").
`
`For the purposes of a filing date under 37 CFR1.53(b), the description and any drawings of the present application are replaced by this
`reference to the previously filed application, subject to conditions and requirements of 37 CFR 1.57(a).
`
`Application number of the previously
`
`Filing date (YYYY-MM-DD)
`
`filed application
`
`Intellectual Property Authority or Country i
`
`
`Publication Information:
`
`
`
`Request Early Publication (Fee required at time of Request 37 CFR 1.219)
`
`
`
`Request Not to Publish. I hereby request that the attached application not be published under
`35 U.S.C. 122(b) and certify that the invention disclosed in the attached application has not and will not be the
`subject of an application filed in another country, or under a multilateral international agreement, that requires
`publication at eighteen months after filing.
`
`Representative Information:
`
`Representative information should be provided for all practitioners having a power of attorney in the application. Providing
`this information in the Application Data Sheet does not constitute a power of attorney in the application (see 37 CFR 1.32).
`Either enter Customer Number or complete the Representative Name section below.
`If both sections are completed the customer
`Number will be used for the Representative Information during processing.
`
`
`I 0 US Patent Practitioner 0 Limited Recognition (37 CFR 11.9)6) Customer NumberPlease Select One:
`
`
`
`101325
`Customer Number
`
`
`4 of 206
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`

`

`PTO/AINM (12-13)
`Approved for use through 01131/2014. OMB 0651-0032
`US. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995. no persons are required to respond to a collection of information unless it contains a valid OMB control number.
`
`Application Data Sheet 37 CFR 1.76
`
`Attorney Docket Number
`_
`_
`Application Number
`
`HOR0026—201—C1US
`
`Title of Invention
`
`METHODS OF THERAPEUTIC MONITORING OF NITROGEN SCAVENGING DRUGS
`
`Domestic BenefitINational Stage Information:
`This section allows for the applicant to either claim benefit under 35 U.S.C.119(e),120,121, or 365(c) or indicate National Stage
`entry from a PCT application. Providing this information in the application data sheet constitutes the specific reference required
`by 35 U.S.C. 119(e) or 120, and 37 CFR 1.78.
`When referring to the current application, please leave the application number blank.
`
`Prior Application Status
`
`Pending
`
`Application Number
`
`Continuity Type
`Continuation of
`
`Prior Application Status
`Application
`Number
`13775000
`
`Patented
`.
`.
`ContinUIty Type
`Continuation of
`
`Prior Application Status
`
`Expired
`
`Prior Application Number
`13775000
`
`Filing Date (YYYY-MM-DD)
`2013—02—22
`
`
`
`Prior Application
`Number
`13417137
`
`Filing Date
`(YYYYMMDD)
`2012-03-09
`
`Patent Number
`8404215
`
`Issue Date
`(YWYMMDD)
`2013-03-26
`
`EFS Web 2.2.11
`
`constitutes the claim for priority as required by 35 U.S.C. 119(b) and 37 CFR 1.55(d). When priority is claimed to a foreign application
`that is eligible for retrieval under the priority document exchange program (PDX) 'the information will be used by the Office to
`automatically attempt retrieval pursuant to 37 CFR 1.55(h)(1) and (2). Under the PDX program, applicant bears the ultimate
`responsibility for ensuring that a copy of the foreign application is received by the Office from the participating foreign intellectual
`property office, or a certified copy of the foreign priority application is filed, within the time period specified in 37 CFR 1.55(g)(1).
`
`Application Number
`
`Continuity Type
`
`13417137
`
`Claims benefit of provisional
`
`Prior Application Status
`
`Application Number
`
`Continuity Type
`
`13417137
`
`Claims benefit of provisional
`
`
`
`Prior Application Number
`
`Filing Date (YYYY-MM-DD)
`
`61542100
`
`2011—09—30
`
`Prior Application Number
`
`Filing Date (YYYY-MM-DD)
`
`61564668
`
`2011-11-29
`
`Additional Domestic Benefit/National Stage Data may be generated within this form
`by selecting the Add button.
`
`Foreign Priority Information:
`
`This section allows for the applicant to claim priority to a foreign application. Providing this information in the application data sheet
`
`
`
`Application Number
`
`Country I
`
`Filing Date (YYYY-MM-DD)
`
`Additional Foreign Priority Data may be generated within this form by selecting the
`Add button.
`
`—
`Access Codei (if applicable)
`
`5 of 206
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`

`

`PTO/AlAl14 (12-13)
`Approved for use through 01131/2014. OMB 0651-0032
`US. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number.
`
`
`Attorney Docket Number
`_
`_
`HOR0026—201—C1US
`Application Data Sheet 37 CFR 1.76
`Application Number
`
`Title Of Invention
`
`METHODS OF THERAPEUTIC MONITORING OF NITROGEN SCAVENGING DRUGS
`
`Statement under 37 CFR 1.55 or 1.78 for AIA (First Inventor to File) Transition
`
`Applications
`
`
`This application (1) claims priority to or the benefit of an application filed before March 16, 2013 and (2) also
`contains, or contained at any time, a claim to a claimed invention that has an effective filing date on or after March
`16, 2013.
`NOTE: By providing this statement under 37 CFR 1.55 or 1.78, this application, with a filing date on or after March
`16, 2013, will be examined under the first inventor to file provisions of the AIA.
`
`
`
`
`
`EFS Web 2.2.11
`
`If checked, the undersigned hereby grants the USPTO authority to provide the European Patent Office (EPO),
`the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), the World Intellectual Property Office (WIPO),
`and any other intellectual property offices in which a foreign application claiming priority to the instant patent application
`is filed access to the instant patent application. See 37 CFR 1.14(c) and (h). This box should not be checked ifthe applicant
`does not wish the EPO, JPO, KIPO, WIPO, or other intellectual property office in which a foreign application claiming priority
`to the instant patent application is filed to have access to the instant patent application.
`
`Authorization to Permit Access:
`
`D Authorization to Permit Access to the Instant Application by the Participating Offices
`
`In accordance with 37 CFR 1.14(h)(3), access will be provided to a copy ofthe instant patent application with respect
`to: 1) the instant patent application-as-filed; 2) any foreign application to which the instant patent application
`claims priority under 35 U.S.C. 119(a)—(d) if a copy of the foreign application that satisfies the certified copy requirement of
`37 CFR 1.55 has been filed in the instant patent application; and 3) any US. application-as-filed from which benefit is
`sought in the instant patent application.
`
`In accordance with 37 CFR 1.14(c), access may be provided to information concerning the date of filing this Authorization.
`
`Applicant Information:
`
`Providing assignment information in this section does not substitute for compliance with any requirement of part 3 of Title 37 of CFR
`to have an assignment recorded by the Office.
`
`6 of 206
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`

`

`PTO/AlAl14 (12-13)
`Approved for use through 01131/2014. OMB 0651-0032
`US. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995. no persons are required to respond to a collection of information unless it contains a valid OMB control number.
`
`
`_
`_
`Attorney Docket Number
`HOR0026—201—C1US
`Application Data Sheet 37 CFR 1.76
`Application Number
`
`Title Of Invention
`
`METHODS OF THERAPEUTIC MONITORING OF NITROGEN SCAVENGING DRUGS
`
`1
`Applicant
`lfthe applicant is the inventor (or the remaining joint inventor or inventors under 37 CFR 1.45), this section should not be completed.
`The information to be provided in this section is the name and address of the legal representative who is the applicant under 37 CFR
`1.43; or the name and address of the assignee, person to whom the inventor is under an obligation to assign the invention, or person
`who otherwise shows sufficient proprietary interest in the matter who is the applicant under 37 CFR 1.46. If the applicant is an
`applicant under 37 CFR 1.46 (assignee, person to whom the inventor is obligated to assign, or person who otherwise shows sufficient
`proprietary interest) together with one or more joint inventors, then the joint inventor or inventors who are also the applicant should be
`identified in this section.
`
`
`@ Assignee
`
`O Legal Representative under 35 U.S.C. 117
`
`0 Joint Inventor
`
`
`
`0 Person to whom the inventor is obligated to assign. 0 Person who shows sufficient proprietary interest
`
`If applicant is the legal representative, indicate the authority to file the patent application, the inventor is:
`
`
`
`Name of the Deceased or Legally Incapacitated Inventor :
`
`If the Applicant is an Organization check here.
`
`orgamzat'on Name
`
`Horizon Therapeutics, Inc.
`
`Mailing Address Information:
`Address 1
`520 Lake Cook Road
`
`Address 2
`
`City
`
`EFS Web 2.2.11
`
`
`
`
`Suite 520
`
`Deerfield
`
`StatelProvince
`
`IL
`
`Email Address
`
`Additional Applicant Data may be generated within this form by selecting the Add button.
`
`Assignee Information including Non-Applicant Assignee Information:
`
`
`Providing assignment information in this section does not subsitute for compliance with any requirement of part 3 of Title 37 of CFR to
`have an assignment recorded by the Office.
`
`
`
`Assignee 1
`Complete this section if assignee information, including non—applicant assignee information, is desired to be included on the patent
`application publication . An assignee—applicant identified in the "Applicant Information" section will appear on the patent application
`publication as an applicant. For an assignee—applicant, complete this section only if identification as an assignee is also desired on the
`patent application publication.
`
`If the Assignee or Non-Applicant Assignee is an Organization check here.
`
`D
`
`7 of 206
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`

`

`PTO/AIN‘M (12—13)
`Approved for use through 01131/2014. OMB 0651-0032
`US. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number.
`
`Application Data Sheet 37 CFR 1.76
`Application Number
`
`
`Attorney Docket Number
`HOR0026—201—C1US
`
`Title Of Invention
`
`METHODS OF THERAPEUTIC MONITORING OF NITROGEN SCAVENGING DRUGS
`
`
`
`Family Name
`
`Middle Name
`
`EFS Web 2.2.11
`
`
`
`Given Name
`
`Mailing Address Information For Assignee including Non-Applicant Assignee:
`
`Address 1
`
`Address 2
`
`Phone Number
`
`Fax Number
`
`Email Address
`
`Additional Assignee or Non-Applicant Assignee Data may be generated within this form by
`selecting the Add button.
`
`
`Signature:
`
`NOTE: This form must be signed in accordance with 37 CFR 1.33. See 37 CFR 1.4 for signature requirements and
`certifications
`
`Signature
`
`[Lauren L. STEVENS!
`
`Date (YYYY-MM-DD)
`
`2015-07-31
`
`
`
`Last NameFirst Name Registration Number
`
`
`
`Additional Signature may be generated within this form by selecting the Add button.
`
`
`This collection of information is required by 37 CFR 1.76. The information is required to obtain or retain a benefit by the public which
`is to file (and by the USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This
`collection is estimated to take 23 minutes to complete, including gathering, preparing, and submitting the completed application data
`sheet form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount oftime you require to
`complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, US. Patent and
`Trademark Office, US. Department of Commerce, PO. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR
`COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
`
`8 of 206
`
`

`

`Privacy Act Statement
`
`The information provided by you in this form will be subject to the following routine uses:
`
`1.
`
`The information on this form will be treated confidentially to the extent allowed under the Freedom of Information Act (5 U.S.C. 552)
`and the Privacy Act (5 U.S.C. 552a). Records from this system of records may be disclosed to the Department of Justice to determine
`whether the Freedom of Information Act requires disclosure of these records.
`
`A record from this system of records may be disclosed, as a routine use, in the course of presenting evidence to a court, magistrate, or
`administrative tribunal, including disclosures to opposing counsel in the course of settlement negotiations.
`
`A record in this system of records may be disclosed, as a routine use, to a Member of Congress submitting a request involving an
`individual, to whom the record pertains, when the individual has requested assistance from the Member with respect to the subject matter of
`the record.
`
`The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your submission of the attached form related to
`a patent application or patent. Accordingly, pursuant to the requirements of the Act, please be advised that:
`(1) the general authority for the collection
`of this information is 35 U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary; and (3) the principal purpose for which the information is
`used by the U.S. Patent and Trademark Office is to process andlor examine your submission related to a patent application or patent.
`If you do not
`furnish the requested information, the US Patent and Trademark Office may not be able to process and/or examine your submission, which may
`result in termination of proceedings or abandonment of the application or expiration of the patent.
`
`EFS Web 2.2.11
`
`A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency having need for the information in
`order to perform a contract. Recipients of information shall be required to comply with the requirements ofthe Privacy Act of 1974, as
`amended, pursuant to 5 U.S.C. 552a(m).
`
`A record related to an International Application filed under the Patent Cooperation Treaty in this system of records may be disclosed,
`as a routine use, to the International Bureau of the World Intellectual Property Organization, pursuant to the Patent Cooperation Treaty.
`
`A record in this system of records may be disclosed, as a routine use, to another federal agency for purposes of National Security
`review (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act (42 U.S.C. 218(c)).
`
`A record from this system of records may be disclosed, as a routine use, to the Administrator, General Services, or hislher designee,
`during an inspection of records conducted by GSA as part of that agency's responsibility to recommend improvements in records
`management practices and programs, under authority of 44 U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with the
`GSA regulations governing inspection of records for this purpose, and any other relevant (i.e., GSA or Commerce) directive. Such
`disclosure shall not be used to make determinations about individuals.
`
`A record from this system of records may be disclosed, as a routine use, to the public after either publication of the application pursuan
`to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C. 151. Further, a record may be disclosed, subject to the limitations of 37
`CFR 1.14, as a routine use, to the public if the record was filed in an application which became abandoned or in which the proceedings were
`terminated and which application is referenced by either a published application, an application open to public inspections or an issued
`patent.
`
`A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law enforcement agency, if the
`USPTO becomes aware of a violation or potential violation of law or regulation.
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`
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`9 of 206
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`Attorney Ref. HOR0026-201C1-US
`
`METHODS OF THERAPEUTIC MONITORING OF NITROGEN SCAVENGING
`
`DRUGS
`
`RELATED APPLICATIONS
`
`[0001] The present application is a divisional of US. Patent Application No. 13/417,137, filed
`
`March 9, 2012 and now pending, which claims the benefit of US. Provisional Application No.
`
`61/564,668, filed November 29, 2011, and US. Provisional Application No. 61/542,100, filed
`
`September 30, 2011, the disclosures of which are incorporated by reference herein in their
`
`entirety, including drawings.
`
`BACKGROUND
`
`[0002] Nitrogen retention disorders associated with elevated ammonia levels include urea cycle
`
`believed to result from hyperammonemia, which frequently occur in subjects with cirrhosis or
`
`disorders (UCDs) and hepatic encephalopathy (HE).
`
`[0003] UCDs include several inherited deficiencies of enzymes or transporters necessary for
`
`the synthesis of urea from ammonia, including enzymes involved in the urea cycle. The urea
`
`cycle is depicted in Figure 1, which also illustrates how certain ammonia-scavenging drugs act to
`
`assist in elimination of excessive ammonia. With reference to Figure l, N-acetyl glutamine
`
`synthetase (NAGS)-derived N—acetylglutamate binds to carbamyl phosphate synthetase (CPS),
`
`which activates CPS and results in the conversion of ammonia and bicarbonate to carbamyl
`
`phosphate.
`
`In turn, carbamyl phosphate reacts with omithine to produce citrulline in a reaction
`
`mediated by omithine transcarbamylase (OTC). A second molecule of waste nitrogen is
`
`incorporated into the urea cycle in the next reaction, mediated by arginosuccinate synthetase
`
`(ASS), in which citiulline is condensed with aspartic acid to form argininosuccinic acid.
`
`Argininosuccinic acid is cleaved by argininosuccinic lyase (AS L) to produce arginine and
`
`fumarate. In the final reaction of the urea cycle, arginase (ARG) cleaves arginine to produce
`
`omithine and urea. Of the two atoms of nitrogen incorporated into urea, one originates from free
`
`ammonia (NH4+) and the other from aspartate. UCD individuals born with no meaningful
`
`residual urea synthetic capacity typically present in the first few days of life (neonatal
`
`presentation). Individuals with residual function typically present later in childhood or even in
`
`adulthood, and symptoms may be precipitated by increased dietary protein or physiological
`
`stress (e.g., intercurrent illness).
`
`[0004] Hepatic encephalopathy (HE) refers to a spectrum of neurologic signs and symptoms
`
`10 of 206
`
`

`

`Attorney Ref. HOR0026-201C1-US
`
`certain other types of liver disease. Subjects with l-lE typically show altered mental status
`
`ranging from subtle changes to coma, features similar to subjects with UCDs.
`
`[0005] Subjects with nitrogen retention disorders whose ammonia levels and/or symptoms are
`
`not adequately controlled by dietary restriction of protein and/or dietary supplements are
`
`generally treated with nitrogen scavenging agents such as sodium phenylbutyrate (NaPBA,
`
`benzoate. These are often referred to as alternate pathway drugs because they provide the body
`
`with an alternate pathway to urea for excretion of waste nitrogen (Brusilow 1980; Blusilow
`
`1991). NaPBA is a phenylacetic acid (PAA) prodrug. Another nitrogen scavenging drug
`
`currently in development for the treatment of nitrogen retention disorders is glyceryl tri-[4—
`
`phenylbutyrate](HPN-lOO), which is described in US. Patent No. 5,968,979. HPN-lOO, which is
`
`commonly referred to as GT4P 0r glycerol PBA, is a prodrug of PBA and a pre—prodrug of PAA.
`
`[0006] HPN—l 00 and NaPBA share the same general mechanism of action: PBA is converted
`
`to PAA Via beta oxidation, and FAA is conjugated enzymatically with glutamine to form
`
`phenylacetylglutamine (PAGN), which is excreted in the urine. The structures of PBA, FAA,
`
`and PAGN are set forth below.
`
`approved in the United States as BUPHENYL® and in Europe as AMMONAPS®) or sodium
`
`excretion and/or to reduce the need for urea synthesis (Brusilow 1991; Brusilow 1993). Because
`
`ptzesnwiautwata
`
`l f
`we!“
`
`.
`
`Phemd'acettc acid
`
`v,,.i”.[“7“ii,‘-P\E
`{3‘
`H
`
`Phawéasemgmtamina
`
`[0007] The clinical benefit of NaPBA and HPN-lOO with regard to nitrogen retention disorders
`
`derives from the ability of PAGN to effectively replace urea as a vehicle for waste nitrogen
`
`11 of 206
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`

`

`Attorney Ref. HOR0026-201C1-US
`
`each glutamine contains two molecules of nitrogen, the body rids itself of two waste nitrogen
`
`atoms for every molecule of PAGN excreted in the urine. Therefore, two equivalents of nitrogen
`
`are removed for each mole of PAA converted to PAGN. PAGN represents the predominant
`
`terminal metabolite, and one that is stoichiometrically related to waste nitrogen removal, a
`
`measure of efficacy in the case of nitrogen retention states. The difference between HPN-lOO
`
`and NaPBA with respect to metabolism is that HPN—lOO is a triglyceride and requires digestion,
`
`presumably by pancreatic lipases, to release PBA (McGuire 2010).
`
`[0008]
`
`In contrast to NaPBA or HPN-lOO, sodium benzoate acts when benzoic acid is
`
`combined enzymatically with glycine to form hippuric acid. For each molecule of hippuric acid
`
`excreted in the urine, the body rids itself of one waste nitrogen atom.
`
`[0009] Methods of determining an effective dosage of PAA prodrugs such as NaPBA or HPN-
`
`100 for a subject in need of treatment for a nitrogen retention disorder are described in
`
`WOO9/l 134460 and W0] 0/025303. Daily ammonia levels, however, may vary greatly in a
`
`subject. This can lead to overestimation by the physician of the average daily ammonia levels,
`
`which may result in overtreatment. Thus, there is a need in the art for improved methods for
`
`PAA prodru g dose determination and adjustment based on ammonia levels in subjects with
`
`wherein a determination is made to administer an increased dosage of nitrogen scavenging drug
`
`increase a dosage of a nitrogen scavenging drug in a subject with a nitrogen retention disorder by
`
`nitrogen retention disorders such as UCDs or HE.
`
`W
`
`[0010] Provided herein in certain embodiments are methods for determining whether to
`
`measuring a fasting blood ammonia level and comparing the fasting blood ammonia level to the
`
`upper limit of normal (ULN

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