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 .
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.
Response to Amendment
The amendment of 18 December 2025 has been entered.
Disposition of claims:
Claims 1 and 9 have been amended. Additionally, while not indicated as being amended, the compounds in claim 20 in the claims of 18 December 2025 appear to be different than the compounds in claim 20 in the claims of 5 September 2025.
Claims 13-14 and 16 are cancelled.
Claims 1-12, 15, and 17-20 are pending.
The amendments to claim 9 have overcome the rejections of claims 9-12, 15, and 17-19 under 35 U.S.C. 103 as being unpatentable over Kang et al. (US 2022/0144856 A1) (hereafter “Kang”) set forth in the last Office action. The rejections have been withdrawn.
The amendment to claim 1 has overcome the rejections of claims 1-5 under 35 U.S.C. 103 as being unpatentable over Kang et al. (US 2022/0144856 A1) (hereafter “Kang”) set forth in the last Office action; the rejections of claim 6 under 35 U.S.C. 103 as being unpatentable over Kang et al. (US 2022/0144856 A1) (hereafter “Kang”), and further in view of Mishima et al. (US 2005/0202278 A1) (hereafter “Mishima”) set forth in the last Office action; the rejection of claim 7 under 35 U.S.C. 103 as being unpatentable over Kang et al. (US 2022/0144856 A1) (hereafter “Kang”), and further in view of Forrest et al. (US 2001/0000005 A1) (hereafter “Forrest”) set forth in the last Office action; and the rejection of claim 8 under 35 U.S.C. 103 as being unpatentable over Kang et al. (US 2022/0144856 A1) (hereafter “Kang”), and further in view of Kim (US 2002/0149710 A1) (hereinafter “Kim ‘710”) set forth in the last Office action. The rejections have been withdrawn.
Response to Arguments
Applicant’s arguments with respect to the rejections of claims 9-12, 15, and 17-19 under 35 U.S.C. 103 as being unpatentable over Kang et al. (US 2022/0144856 A1) (hereafter “Kang”) set forth in the last Office action have been considered but are moot because the rejections have been withdrawn.
Applicant’s arguments with respect to the rejections of claims 1-5 under 35 U.S.C. 103 as being unpatentable over Kang et al. (US 2022/0144856 A1) (hereafter “Kang”) set forth in the last Office action; the rejections of claim 6 under 35 U.S.C. 103 as being unpatentable over Kang et al. (US 2022/0144856 A1) (hereafter “Kang”), and further in view of Mishima et al. (US 2005/0202278 A1) (hereafter “Mishima”) set forth in the last Office action; the rejection of claim 7 under 35 U.S.C. 103 as being unpatentable over Kang et al. (US 2022/0144856 A1) (hereafter “Kang”), and further in view of Forrest et al. (US 2001/0000005 A1) (hereafter “Forrest”) set forth in the last Office action; and the rejection of claim 8 under 35 U.S.C. 103 as being unpatentable over Kang et al. (US 2022/0144856 A1) (hereafter “Kang”), and further in view of Kim (US 2002/0149710 A1) (hereinafter “Kim ‘710”) set forth in the last Office action have been considered but are moot because the rejections have been withdrawn.
Examiner’s Note
The compounds in claim 20 in the claims of 18 December 2025 appear to be different than the compounds in claim 20 in the claims of 5 September 2025. Specifically, compounds 112 to 119 are omitted from the claims of 18 December 2025. The claim has not been indicated as being amended.
Specification
The disclosure is objected to because of the following informalities: The compounds of Groups I and II in paragraph [0058] have poor resolution and are difficult to read.
Appropriate correction is required.
Claim Objections
Claim 20 is objected to because of the following informalities: The compounds of claim 20 have poor resolution and are difficult to read. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 20 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 20: The compounds in claim 20 in the claims of 18 December 2025 appear to be different than the compounds in claim 20 in the claims of 5 September 2025. Specifically, compounds 112 to 119 are omitted from the claims of 18 December 2025. The claim has not been indicated as being amended. Thus, it is unclear if compounds 112 to 119 are intended to be included in claim 20 or not.
Furthermore, there appears to be a partial chemical structure below compound 111 on p. 20 of the claims of 18 December 2025. It is unclear if this partial structure is meant to be part of a claimed compound or not.
Thus, the claim is indefinite.
For the purposes of examination, the claim is being interpreted such that compounds 112 to 119 of the claims of 5 September 2025 are meant to be included and that the partial chemical structure below compound 111 on p. 20 of the claims of 18 December 2025 is a typographical error.
Allowable Subject Matter
Claims 1-12, 15, and 17-19 are allowed.
The following is an examiner’s statement of reasons for allowance:
As described in the Office action of 19 December 2024, Yoon et al. (US 2021/0119147 A1) (hereafter “Yoon”) is a representation of the closest prior art. Yoon teaches similar compounds to those of the instant claims, but the group that can be equated with the instant *-(L21)a21-(R21)b21 is located at the instant R11 to R14. Given the electronic differences between the benzene ring to which the instant R11 to R14 are attached and the benzene ring to which the instant R15 to R18 are attached, it would not be obvious to make similar compounds to those of Yoon in which the group that can be equated with the instant *-(L21)a21-(R21)b21 is instead attached at the instant R16 or R17. The benzene rings would have differing electronics due to the differing heterocyclic rings to which the benzene rings are fused. Additionally, while Yoon teaches that the positions equivalent to the instant R16 or R17 can be substituted with groups such as biphenyl, replacing a hydrogen with a biphenyl would not be obvious. Hydrogen and biphenyl would differ significantly both in terms of sterics and electronics.
In sum, claims 1-12, 15, and 17-19 are allowable over the cited prior art.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Claim 20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: As outlined in the Office action of 29 October 2025, Kang et al. (US 2022/0144856 A1) (hereafter “Kang”) is a representation of the closest prior art. However, Kang does not teach the substituent patterns required for the compounds of the current claim 20. Furthermore, the prior art does not teach or motivate modifying the compounds of Kang to have the substituent patterns of the compounds of the current claim 20.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DYLAN CLAY KERSHNER whose telephone number is (303)297-4257. The examiner can normally be reached M-F, 9am-5pm (Mountain).
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/DYLAN C KERSHNER/ Primary Examiner, Art Unit 1786