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 1-24 are pending in the instant application. Claims 11-20 and 22-24 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to non-elected subject matter. Claims 1-3, 8, 9, and 21 are rejected. Claims 4-7 and 10 are objected.
Response to Amendment and Arguments/Remarks
The amendment and arguments/remarks filed on December 12, 2025 have been fully considered and entered into the application. With regards to the 35 U.S.C. 102(a)(1) rejection as being anticipated by Levins et al., the grounds for rejection are moot in view of Applicant’s amendment and the rejection and objection have been withdrawn.
However, this amendment has necessitated new grounds of rejection under 35 U.S.C. 102(a)(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 1-3, 8, 9, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Northrup et al. (J. Org. Chem. 2017, 82, 13020-13033).
Northrup et al. discloses the compound 2, for example, and using it in a composition for the production of 5 (see Scheme 1 on page 13022). Therefore, a compound of the instant claims wherein R3 is hydrogen; R4 is alkyl; n and m are 1; R1 is a benzyloxycarbonyl protecting group (Cbz); and R2 is alkoxy and a composition thereof are anticipated by the reference.
Claim Objections
Claims 4-7 and 10 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTIN ANN VAJDA whose telephone number is (571)270-5232. The examiner can normally be reached Mon-Fri 6:00-4:00.
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/KRISTIN A VAJDA/Primary Examiner, Art Unit 1622
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