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 .
DETAILED ACTION
Response to Amendment
The amendment filed 10/24/2025 has been entered. Newly amended Claims 1-7 and 9-30 are pending in the application. Applicant’s amendments to the Claims have overcome every objection and rejection previously set forth in the Non-Final Office Action mailed 7/25/2025. Claims 10-30 are withdrawn. Claims 1-7 and 9 are examined on the merits herein.
Rejections and/or objections not reiterated from previous office actions are hereby withdrawn. The following rejections and/or objections are either reiterated or newly applied and constitute the complete set presently being applied to the instant application.
Claim Objections
Claims 1-4 and 6-7 are objected to because of the following informalities:
Hydrogen is referred to as both “H” and “hydrogen” throughout the cited claims. It is requested that the term used to refer to said group be standardized.
Appropriate correction is required.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bouchard (WO2009016516, published 2/05/2009).
Bouchard teaches the following dimeric compounds (Page 51, Scheme 3):
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310
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357
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,
in which the following definitions of Chem. I apply: R1 and R1’ are each =CH2; R2, R2’, R3, R3’, R5, R5’, R7, and R7’ are each hydrogen; R4 and R4’ are each methoxy; Y and Y’ are each -O-; and R6 is
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, wherein A is 1-propyl-3,5-dimethyl-phenyl, B1 is -O-, B2 is –((CH2)pV)q- wherein V is -O-, p is 2, and q is 4, and C is RqC(O)ORr, wherein Rq is C1 alkylene and Rr is C1alkyl or hydrogen.
Conclusion
No claim is allowable.
Claim 9 is 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.
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 extension fee 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.
Inquiries
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Richard G. Peckham whose telephone number is (703)756-4621. The examiner can normally be reached 7:30am - 4:30pm.
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/RICHARD GRANT PECKHAM/Examiner, Art Unit 1627
/Kortney L. Klinkel/Supervisory Patent Examiner, Art Unit 1627
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