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 .
DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/1/2026 has been entered.
Status of Claims
Claims 5-7,9,14-16, and 19-22 are pending in the instant application. Claims 21-22 are new claims and drawn to nonelected subject matter. Thus claims 6, 7, 15, 16, and 19-22 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.
An action on the merits of claims 5, 9, and 14 is contained herein.
Previous Objections/Rejections
Any rejections or objections stated of record in the office action mailed on 1/30/2026 that are not explicitly addressed herein below, are hereby withdrawn in light of applicant's arguments and/or amendments filed 4/1/2026.
New Objections and Rejections
Claim Objections
Claims 5, 9, and 14 are objected to because the instant claims possess non-elected subject matter. Applicant elected group I without traverse, drawn to compounds of the general formula I. However as stated in the previous office action, the claims embrace species and subject matter not represented by the originally presented subject matter. Recall that Applicant elected the following chemical formula for formula I:
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802
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The latter may consist of compounds wherein n = 1 (a monomer) or 2 (a symmetrical dimer where there is a constant repeat of a monomer). The examiner assumes that variable “B” is the linking moiety. Applicant’s elected species appears to be representative of the subject matter wherein n = 2:
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164
400
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However the species in claim 9 for example have a different scaffold when n = 2 and are not symmetrical wherein the species have an extra linking moiety or lacks the other moiety as required by formula I:
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. Additionally these species are not embraced by formula I wherein n = 1 as well.
Again the examiner assumes that the linking moiety used to connect to the other monomer is variable “B” (appears to be situated outside the parenthesis). Thus these species appear to not be embraced by the originally presented formula I. Note that variable B is defined as one singular cyclic moiety with varying carbon sizes. Additionally there is no guidance in the specification to suggest that these definitions may differ from that recognized in the art as well. Thus the examiner has to use the most reasonable interpretation where these species are not embraced by the formula I presented initially.
Furthermore the language in amended claim 5 is not commensurate with what was presented in the original formula. The examiner compares the amended definition for variable Ar1 for example which may be a substituted or unsubstituted C3-C30 aliphatic ring. When comparing with variable B in what was described previously in the original claims the cycloalkyl group was stated to be unsubstituted. Thus the scope is broader now in the instant claims. See variable R1 now in the instant claims which corresponds to Ar1 in the original claims. Variable R1 may be selected from C2-C28 heteroarylene now which is broader than Ar1 in the original formula (C6-C60 heteroaryl).
Lastly, the amended claims specify that R1 is connected to the fused ring (imidazopyridine) where the original claims do not provide this possibility based on the “substitution” definition (lacks any heteroaryl as a potential substituent). Thus the examiner objects to this language and suggests amending the claims to be representative of the originally presented subject matter. 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.
Claims 5 and 14 are 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 pre-AIA the applicant regards as the invention.
In claim 5, the language “one or more carbon atoms in heteroalkylene” is considered indefinite since there is no prior recitation of “heteroalkylene” in any of the variable definitions in this claim. Thus the scope of the claim and claims dependent on it are indefinite. Correction is required.
Conclusion
Claims 5 and 14 are rejected. Claim 9 is objected to.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN E MCDOWELL whose telephone number is (571)270-5755. The examiner can normally be reached on 8:30-6 MF.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Murray can be reached at 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 http://pair-direct.uspto.gov. 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.
/BRIAN MCDOWELL/
Primary Examiner, Art Unit 1624
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