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 .
Election/Restrictions
Applicant’s election without traverse of Group I and the following election of species:
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in the reply filed on 1/29/2026 is acknowledged.
Notes and Comments
No prior art against the elected species was found. The search was therefore expanded to the next species, on which art was found. The presentation of art against the next species is not an indication that the full scope of the claims have been examined.
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 1, 3-4, 26, 36, 79, and 116 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. It’s unclear why the recitations ”(C less than or equal to 12))” are in parentheses and if the limitations contained within the parantheses are part of the claimed invention or are merely exemplary. The recitation “a moiety cleavable to hydrogen” is unclear. In the chemical and pharmaceutical arts, the phrase "a moiety cleavable to hydrogen" is not a single, rigid term, but rather a functional description. It means that an atom or chemical group (the moiety) is designed to be removed or replaced by a hydrogen atom under specific conditions (e.g., enzymatic cleavage, reduction, or hydrolysis). As the claims do not specify under what conditions the moiety is cleavable to hydrogen, it’s unclear what conditions are being claimed in the invention.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3-4, 26, 36, 79, and 116 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang (Excitation Wavelength Dependent Fluorescence of an ESIPT Triazole Derivative for Amine Sensing and Anti-Counterfeiting Applications, Angewandte Chemie, International Edition (2019), 58(26), 8773-8778). Zhang teaches the following compound
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(Scheme 1) which reads on applicant’s formula I or a pharmaceutically salt thereof where A and A’ are arenediyl, X1 is a covalent bond and Y1 is absent, R1 and R3 are hydrogen, and R2 is COOH (a moiety cleavable to hydrogen). The compound further reads on Formula III, wherein N is an arenediyl, X1 is a covalent bond and Y1 is absent, R1 and R3 are hydrogen, and R2 is COOH (a moiety cleavable to hydrogen). The compound is in a solution comprising excipients (page 8774, right column)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL W DICKINSON whose telephone number is (571)270-3499. The examiner can normally be reached on M-F 9 AM to 7:30 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Hartley can be reached on 571-272-0616. 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.
/PAUL W DICKINSON/Primary Examiner, Art Unit 1618
May 26, 2026
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