IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`First Named Inventor: Dennis Mark MCDAID|Confirmation No.: 5282
`
`Applicant: XEOLAS PHARMACEUTICALS$=|Art Unit: Zo Be Assigned
`LTD.
`
`Application No.: 18/182,797
`
`Examiner: 7o Be Assigned
`
`Filing Date: March 13, 2023
`
`Atty. Docket: 4384.0010005
`
`Title: PEDIATRIC SUSPENSION FORMULATION
`
`Information Disclosure Statement
`
`Mail Stop Amendment
`
`Commissionerfor Patents
`PO Box 1450
`Alexandria, VA 22313-1450
`
`Commissioner:
`
`Listed on the accompanying form equivalent to forms PTO/SB/08a and PTO/SB/08b are
`
`documents that may be considered material to the patentability of this application as defined in 37
`
`C.F.R. § 1.56. The documentsare being filed in compliance with the duty of disclosure
`
`requirements of 37 C.F.R. §§ 1.97 and 1.98.
`
`Applicant haslisted publication dates on the attached IDS Form based on information
`
`presently available to the undersigned. However, the listed publication dates should not be
`
`construed as an admission that the information wasactually published on the date indicated.
`
`Applicant reserves the right to establish the patentability of the claimed invention over any
`
`of the information provided herewith, and/or to prove that this information may notbe priorart,
`
`and/or to prove that this information may not be enabling for the teachings purportedly offered.
`
`

`

`-2-
`
`Dennis Mark MCDAID
`Application No.: 18/182,797
`
`This statement should not be construed as a representation that a search has been made, or
`
`that information more material to the examination of the present patent application does not exist.
`
`The Examineris specifically requested not to rely solely on the material submitted herewith.
`
`Filing under 37 C.F.R. § 1.97(b). This Information Disclosure Statementis being filed
`
`before the mailing date of a first Office Action on the merits. No statementor fee is required.
`
`A concise explanation of the relevance of the non-English language document appears
`
`below in accordance with 37 C.F.R. § 1.98(a)(3):
`
`Document FP1, ES 2283172 A1, is in a foreign language. An English languageabstractis
`
`appendedto the first page of Document FP1. In addition, an EPO machinetranslation of ES
`
`2283172 A1 is cited as document NPL2.
`
`Copies of documents NPL14-NPL16 are submitted.
`
`Copies of documents FP1-FP8 and NPL1-NPL13 werecited by or submitted to the Office
`
`in an IDS that complies with 37 C.F.R. § 1.98(a)-(c) in Application No. 17/061,630, filed October
`
`2, 2020, which is relied upon for an earlier filing date under 35 U.S.C. § 120. Thus, copies of these
`
`documents are not attached. 37 C.F.R. § 1.98(d). Additionally, in accordance with 37 C.F.R. §
`
`1.98(a)(2)(4i), no copies of documents US1-US15 are submitted.
`
`It is expected that the Examiner will review the prosecution andcited art in the parent
`
`Application No. 17/061,630, filed October 2, 2020, in accordance with MPEP 2001.06(b), and
`
`indicate in the next communication from the office that the art cited in the earlier prosecution
`
`history has been reviewed in connection with the present application.
`
`Atty. Dkt. No. 4384.0010005
`
`

`

`-3-
`
`Dennis Mark MCDAID
`Application No.: 18/182,797
`
`In accordance with the Federal Circuit decision in Dayco Prods., Inc. v. Total Containment,
`
`Inc. 329 F.3d 1358 (Fed. Cir. 2003), Applicant submits herewith Office Actions from the co-
`
`pending U.S. Patent Application No. 17/061,630, filed October 2, 2020 as documents NPL14 to
`
`NPL16. The identification of these Office Actions is not to be construed as a waiver of secrecy as to
`
`those applications now or upon issuance of the present application as a patent. The Examineris
`
`respectfully requested to consider the cited application and theart cited therein during examination.
`
`It is respectfully requested that the Examinerinitial and return a copy of the attached IDS
`
`Form, and indicate in the official file wrapper of this patent application that the documents have
`
`been considered.
`
`The U.S. Patent and Trademark Office is hereby authorized to charge any fee deficiency, or
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`credit any overpayment, to our Deposit Account No. 19-0036.
`
`Respectfully submitted,
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Matthew S. Bodenstein/
`
`Matthew S. Bodenstein
`Attorney for Applicant
`Registration No. 58,885
`
`Date:
`
`Sept. 12, 2023
`
`1101 K Street, NW
`10" Floor
`Washington, D.C. 20005
`Main: 202-371-2600
`Direct: 202-772-8787
`
`20917284.1
`
`Atty. Dkt. No. 4384.0010005
`
`

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