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 .
Response to Arguments
Applicant’s arguments, see Page 1, filed 10/20/2025, with respect to the rejection(s) of claim(s) 1-9 and 20 under Douguet et al. (US 20080086907) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Yamamoto et al. Boron-10 carriers for NCT. A new synthetic method via condensation with aldehydes having boronic moiety, October 1989, Pages 7191-7194.
Yamamoto teaches boron-10 nucleoside derivates compounds that reads to the compounds of claimed invention.
Applicant has added claims 30-31. No new matter was added. Claims 1-22 and 30-31 are now pending. Claims 1-22 and 30-31 is now evaluated on its merits.
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.
Claims 1-6, 8-9 and 20 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Yamamoto et al. Boron-10 carriers for NCT. A new synthetic method via condensation with aldehydes having boronic moiety, October 1989, Pages 7191-7194.
Regarding claims 1-6, 8-9 and 20, Yamamoto teaches compounds that are boron- 10 containing nucleoside derivatives for neutron capture therapy. Of the compounds Yamamoto teaches
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and
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and an acceptable carrier (relevant to claims 1-6, 8-9 and 20) (Fig.1 and Fig.2). The above compounds read to claimed invention of Formula 102 wherein D being a pyrimidine prodrug moiety, at least one R1-R5 is B(ORa)ORb, Rc or Rd is hydrogen and the other is a substituted alkyl.
Allowable Subject Matter
Claims 7, 10-19 and 21-22 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 30-31 are free of the arts. Closest prior art is of Douguet et al. (US Patent No. 20080096907) which teaches
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(para. 0038). The teachings of Douguet differs from claimed invention of the structure of D.
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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MIKHAIL O'DONNEL. ROBINSON
Examiner
Art Unit 1627
/MIKHAIL O'DONNEL ROBINSON/Examiner, Art Unit 1627
/SARAH PIHONAK/Primary Examiner, Art Unit 1627
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