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 .
Status of Claims
Claims 1-2, 10, 14-15, 23-25, 27 and 34-38 are pending in the instant application. Claims 1, 14, 23 and 25 are amended, claims 3-9, 11-13, 16-22, 26 and 28-33 are cancelled and claim 38 is added via the amendment filed April 16th, 2026.
Withdrawn Rejections
Applicant’s arguments and amendments, filed April 16th, 2026, with respect to the 35 U.S.C. 102 rejection of claims 1-2 and 37 have been fully considered and are persuasive. The 35 U.S.C. 102 rejection of claims 1-2 and 37 has been withdrawn.
Applicant has overcome this rejection by amending claim 1 to recite that R2 can only be a linear or branched alkyl and not a cycloalkyl.
Response to Remarks
Applicant’s arguments are moot as Applicant’s amendments have overcome the rejection presented in the previous Office action. However, Applicant’s amendments have necessitated a new grounds rejection.
Restriction/Election
The instant claims are being examined according to MPEP 803.02 where the search and examination has been extended to include the entire scope of claims 1-2, 14 and 37-38. Subject matter outside the scope of the elected species and expanded search and examination is withdrawn. As not all of the claims drawn to the elected species are allowable, the restriction requirement is maintained. As such, claims 10, 15, 23-25, 27 and 34-36 are withdrawn from consideration.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 38 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Applicant’s amendment has necessitated this rejection.
Claim 38 recites that R2 can be a cyclopentyl. However, claim 1, the claim from which claim 38 depends only allows for R2 to be a linear or branched alkyl.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Closest Prior Art
The closest prior art in terms of structural similarity to the instantly claimed compounds is Sintim et al (WO 2019/199496 A1). Sintim teaches the following compound (compound HSGN-133):
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However, the prior art compound has SO2CF3, where the prior art compound requires -SCF3 or -SF5. Further, the genus formula of the prior art does not allow for the necessary changes to be made to arrive at the instantly claimed compounds or provide motivation to make said changes.
As such, the compounds are novel and nonobvious.
Conclusion
Claims 1-2, 14 and 37 are allowed. Claim 38 is rejected.
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.G.K./Examiner, Art Unit 1626
/FEREYDOUN G SAJJADI/Supervisory Patent Examiner, Art Unit 1699
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