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.
Election/Restrictions
All previous rejections and objections have been withdrawn in this office action.
Applicant added new independent claim 18.
Examiner did not fine prior art for the full scope of independent claim 1, 11 and 18. Therefore election of species requirements has been withdrawn.
Examiner is making this office action non-final because of missed objection to claims 1,3-7 and 11 in the previous non-final office action.
Claims 1-9, 12, and 14-17 previously withdrawn have been rejoined in this office action.
Claims 1-9, and 11-18 are examined in this office action.
Priority
The effective filing date is 08/20/2020 because application find support on PCT /IB2020/057831.
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Current Status of 17/632,648
This Office Action is in response to the amended claims of 09/16/2025.
Claims 11 are currently amended; claim 13 was previously presented: claim 1-9, 12-17 was withdrawn (now rejoined); and claim 18 is new.
Claims 1-9, and 11-18 are examined in this office action.
Response to Arguments
Examiner acknowledges the receipt of applicant’s claim amendment and remarks of 09/16/2025.Examiner have reviewed these remarks and amendments.
Regarding 102 rejection: applicant amended claim 11 to by reciting a proviso applicant if X and Y are C then R4 is different from H; or
if X and Y are C then R4 is H and R5 is
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rendering moot 102 rejection. Therefore 102 rejection of claims 11 and 13 are withdrawn.
Claim Objections (New)
Claims 1,3-7, 11 and 18 are objected for having superscripts to all the variables instead of subscript as depicted in the formula I. For example, as shown below
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Correction is required to advance to allowance. The claim narratives of all (including dependent) claims must correspond (subscript or superscript) to the variables in the illustrations. Thus, dependent claims are similarly objected to as these claims refer back to claims 1, 11, and 18 but do not remedy the rationale underpinning the basis for the objection.
Conclusion
All claims are objected to for informalities (see, above).
Independent claims 1, 11, and 18 are free of the prior art.
Bastos et. al. (Microbiological Research 159 (2004) 317-322)) discloses
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(where R1 =R2 =H; X=Y=C; and R3 =R4 = R5= H (figure 2, page 320) have activity against staphylococcus bacteria (summary, page 317). Compound
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does not have R5 is
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when R4 is H. A person skilled in the art would not be able envision the difference between compound of formula I of independent claims 1 and 2. Therefore Bastos et.al is a close art for independent claims 1 and 2 but not a prior art.
Bastos et.al. discloses
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(where R1 =R2 =H; X=Y=C; and R3 =R4 = R5= H (figure 2, page 320) same as formula I of the independent claim 18 and have activity against staphylococcus bacteria (summary, page 317). Bastos does not teach a method of treating or preventing malaria in a subject with compound
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(not part of compound of formula I). Therefore Bastos et.al is a close art of independent claim 18 but not a prior art.
Examiner did not make 101 rejections. Gansen et. al. (J. Org. Chem. 2000, 65, 1022-1030) discloses natural compounds as follows
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(page 1022, figure 1) where X and Y are C and R4 and R5 are both H, but the compounds of formula I does not support these limitation.
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/R.I./Examiner, Art Unit 1625
/JOHN S KENYON/Primary Patent Examiner, Art Unit 1625