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 .
Claims 1, 6-19, 24, 46, 47, and 59 are pending in the instant application. Claims 1, 6, 24, and 59 are rejected. Claims 7-19, 46 and 47 are objected.
Response to Amendment and Arguments/Remarks
The amendment and arguments/remarks filed on March 13, 2026 have been fully considered and entered into the application. With regards to the 35 U.S.C. 102(2)(1) rejection as being anticipated by Didierjean et al., the grounds for rejection are moot in view of Applicant’s amendment and the rejection has been withdrawn. With regards to the 35 U.S.C. 102(2)(1) rejection as being anticipated by Wang et al., Applicant argues that “Neither of these compounds is within the scope of any of the instant claims for at least the following reason. An ‘alkenyl’ moiety, cyclic or otherwise, being the name for an alkene when it is bonded to another moiety, is understood by persons skilled in the art to contain a carbon-carbon double bond…In contrast, the portion of the compounds the Office refers to as ‘cycloalkenyl’ is, in fact, a phenyl group, the name for benzene when in it bonded to another moiety. As is well known to persons skilled in the art, a phenyl group contains an aromatic ring, and an aromatic ring is a moiety in which the bonds between the ring atoms are neither sing nor double bonds. Rather, the ring atoms share pi electrons in a delocalized system…At least because neither compound 2a nor compound 2b has a group within the scope of R at the position corresponding to D when D is CR in the instant claims, Applicant respectfully submits that Wang does not anticipate claim 1.” This argument is found to be fully persuasive and the rejection and claim objections have been withdrawn.
However, the amendment has necessitated new grounds of rejection under 35 35 U.S.C. 102(2)(1), which are described below.
New 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, 6, 24, and 59 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoshitaka Shimizu (Sci. Rep. Tchoku Univ. Ser. IV (Biol.) 28: 143-180, 1962).
Yoshitaka Shimizu discloses the compounds
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72
220
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(see page 180) which anticipate compounds of the instant claims wherein X is oxygen; Ra, Rc, and Rd represent hydrogen and Rb represents aryloxy according to Formula IIa wherein A, B, E, and D are CH, and C is C-hydroxy or C-alkoxy, respectively.
Claim Objections
Claims 7-19, 46, and 47 are objected to for depending on a previous rejected claim.
Conclusion
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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/KRISTIN A VAJDA/Primary Examiner, Art Unit 1622