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 .
Claim Status
Claims 1, 5-11, and 21-26 are pending. Claims 6–10 and 21-24 are withdrawn. Claims 1, 5, 11 and 25-26 are rejected.
Response to Amendment/Arguments
Applicant’s amendments and the translation of the foreign priority document have overcome the previously presented rejections.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(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.
Claim(s) 1, 5 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CAS Registry No. 4007-22-1, entered on November 16th, 1984.
CAS Registry No. 4007-22-1 reads on claims 1, 5, and 11 where R21 is a halogen electron withdrawing group, m21 is 1, R22 is alkoxy, m22 is 2, one R23 is an alkoxycarbonyl electron withdrawing group and the other is hydroxy, and m23 is 0:
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The compound above has a CLogP of 10.448 calculated in ChemDraw (see OA appendix). Regarding the maximum wavelength limitations, the compound inherently possess this characteristic as it meets the limitations of the present claims.
Claims 1, 5, 11 and 25-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CAS Registry No. 97987-21-8, entered on September 16th, 1985, cited in the OA filed 02/01/2024.
CAS Registry No. 97987-21-8 is depicted below and reads on claims 1, 5, 11 and 25-26 where R21 and R23 are substituents where two of each are a halogen electron withdrawing group and one is an alkoxy group substituted by aralkyl (methoxy substituted by benzyl), m21 and m23 are 3, and m22 is 0:
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The compound above has a CLogP of 14.954 calculated in ChemDraw (see OA appendix). Regarding the maximum wavelength limitations, the compound inherently possess this characteristic as it meets the limitations of the present claims and is of similar structure to the compounds present in Examples I-1 to I-19, particularly I-1.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/A.A.C./Examiner, Art Unit 1626
/MATTHEW P COUGHLIN/Primary Examiner, Art Unit 1626