IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`First Named Inventor: Dennis Mark MCDAID|Confirmation No.: 5282
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`Applicant: XEOLAS PHARMACEUTICALS$=|Art Unit: Zo Be Assigned
`LTD.
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`Application No.: 18/182,797
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`Examiner: 7o Be Assigned
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`Filing Date: March 13, 2023
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`Atty. Docket: 4384.0010005
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`Title: PEDIATRIC SUSPENSION FORMULATION
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`Information Disclosure Statement
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`Mail Stop Amendment
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`Commissionerfor Patents
`PO Box 1450
`Alexandria, VA 22313-1450
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`Commissioner:
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`Listed on the accompanying form equivalent to forms PTO/SB/08a and PTO/SB/08b are
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`documents that may be considered material to the patentability of this application as defined in 37
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`C.F.R. § 1.56. The documentsare being filed in compliance with the duty of disclosure
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`requirements of 37 C.F.R. §§ 1.97 and 1.98.
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`Applicant haslisted publication dates on the attached IDS Form based on information
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`presently available to the undersigned. However, the listed publication dates should not be
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`construed as an admission that the information wasactually published on the date indicated.
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`Applicant reserves the right to establish the patentability of the claimed invention over any
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`of the information provided herewith, and/or to prove that this information may notbe priorart,
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`and/or to prove that this information may not be enabling for the teachings purportedly offered.
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`-2-
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`Dennis Mark MCDAID
`Application No.: 18/182,797
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`This statement should not be construed as a representation that a search has been made, or
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`that information more material to the examination of the present patent application does not exist.
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`The Examineris specifically requested not to rely solely on the material submitted herewith.
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`Filing under 37 C.F.R. § 1.97(b). This Information Disclosure Statementis being filed
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`before the mailing date of a first Office Action on the merits. No statementor fee is required.
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`A concise explanation of the relevance of the non-English language document appears
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`below in accordance with 37 C.F.R. § 1.98(a)(3):
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`Document FP1, ES 2283172 A1, is in a foreign language. An English languageabstractis
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`appendedto the first page of Document FP1. In addition, an EPO machinetranslation of ES
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`2283172 A1 is cited as document NPL2.
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`Copies of documents NPL14-NPL16 are submitted.
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`Copies of documents FP1-FP8 and NPL1-NPL13 werecited by or submitted to the Office
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`in an IDS that complies with 37 C.F.R. § 1.98(a)-(c) in Application No. 17/061,630, filed October
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`2, 2020, which is relied upon for an earlier filing date under 35 U.S.C. § 120. Thus, copies of these
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`documents are not attached. 37 C.F.R. § 1.98(d). Additionally, in accordance with 37 C.F.R. §
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`1.98(a)(2)(4i), no copies of documents US1-US15 are submitted.
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`It is expected that the Examiner will review the prosecution andcited art in the parent
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`Application No. 17/061,630, filed October 2, 2020, in accordance with MPEP 2001.06(b), and
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`indicate in the next communication from the office that the art cited in the earlier prosecution
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`history has been reviewed in connection with the present application.
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`Atty. Dkt. No. 4384.0010005
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`-3-
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`Dennis Mark MCDAID
`Application No.: 18/182,797
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`In accordance with the Federal Circuit decision in Dayco Prods., Inc. v. Total Containment,
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`Inc. 329 F.3d 1358 (Fed. Cir. 2003), Applicant submits herewith Office Actions from the co-
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`pending U.S. Patent Application No. 17/061,630, filed October 2, 2020 as documents NPL14 to
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`NPL16. The identification of these Office Actions is not to be construed as a waiver of secrecy as to
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`those applications now or upon issuance of the present application as a patent. The Examineris
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`respectfully requested to consider the cited application and theart cited therein during examination.
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`It is respectfully requested that the Examinerinitial and return a copy of the attached IDS
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`Form, and indicate in the official file wrapper of this patent application that the documents have
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`been considered.
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`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.
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`Respectfully submitted,
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
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`/Matthew S. Bodenstein/
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`Matthew S. Bodenstein
`Attorney for Applicant
`Registration No. 58,885
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`Date:
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`Sept. 12, 2023
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`1101 K Street, NW
`10" Floor
`Washington, D.C. 20005
`Main: 202-371-2600
`Direct: 202-772-8787
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`20917284.1
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`Atty. Dkt. No. 4384.0010005
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