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 . Claims 1, 6, 8-18, and 20-21 are pending in this application.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/19/2026 has been entered.
Response to Amendment
Applicant’s amendment filed 05/19/2026 in response to the previous Office Action (12/22/2025) is acknowledged. Rejection of claims 1 and 9 under 35 U.S.C. 103 (item 6) has been maintained. Applicants did not overcome the prior art rejection raised in the previous Office Action. In the previous Office Action, claim 5 should have been included in the 102 (a)(1) rejection. In order to expedite prosecution and to correct the problem, the examiner did not make this Office Action Final.
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 10/08/2024 is acknowledged.
The examiner attempted to search applicant’s elected invention of Group I, but the search could not go to completion. During a telephone call with Mr. Caleb Bates on 10/30/2024, applicants elect a generic species wherein W = S; L1 = L2 = absent; and X1 – X4 = halo and as a single disclosed species applicants elect a first species in claim 8 to initiate the search.
PNG
media_image1.png
107
195
media_image1.png
Greyscale
Previously on 11/04/2024, 02/03/2025 and 12/22/2025, the examiner searched the elected species and expanded the search.
Claim Rejections - 35 USC § 102
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.
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 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kawada et al. Bokin Bobai (1988), 16(4), 171-5. Cited reference teaches the following antibacterial compounds that are the same as applicants when applicant’s Formula (I) has the following substituents: X1 = X3 = alkyl; and X2 = X4 = F.
PNG
media_image2.png
438
1154
media_image2.png
Greyscale
PNG
media_image3.png
428
1111
media_image3.png
Greyscale
Since said compounds are the same s applicants, a 102(a)(1) rejection is proper.
Note that applicant’s amendment of claim 1 (see below), did not overcome the prior art rejection raised in the previous Office Action.
PNG
media_image4.png
226
678
media_image4.png
Greyscale
In order to overcome this rejection and place this case in condition for allowance, it is recommended that applicants delete the definition of X1 and X3 = C1-6alkyl.
Objection
Claims 6 and 8 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.
Conclusion
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kahsay Habte Ph.D. whose telephone number is (571)272-0667. The examiner can normally be reached on 8:30 - 5:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JEFFREY MURRAY can be reached on 571-272-9023. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Kahsay Habte/
Primary Examiner, Art Unit 1624
May 20, 2026
Prosecution Insights