DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. Applicant’s election of Group I, and species of IIc-007a, in the reply filed on June 16, 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
3. Examination followed guidelines provided by MPEP 803.02. The elected species appeared to be novel and nonobvious over the prior art. Therefore, the search and examination was extended. Prior art was found that anticipates the Markush claims with respect to nonelected species. The Markush claims were rejected and claims to nonelected species were withdrawn from further consideration. The claims were searched to the extent of the elected species, the full scope of claims 21 and 23 and additionally to the extent of the nonelected species shown in this office action.
4. Claims 18-20, 22 and 24-32 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected subject matter. Election was made without traverse in the reply filed on June 16, 2025.
Priority
5. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
6. The information disclosure statements (dated January 14, 2025 and March 9, 2023) were in compliance with the provisions of 37 CFR 1.97 and 37 CFR 1.98. The statements were considered. Signed copies of form 1449 are enclosed herewith.
Claim Objections
7. Claims 21 and 23 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim Rejections - 35 USC § 102
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.
8. Claim(s) 16, 17 and 33 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by RN 2604445-65-8 (
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). The reference has a date of March 5, 2021 which antedates the present claims having an effective filing date of March 8, 2021. Priority claim to foreign application dated March 11, 2020 is noted. However, the priority date cannot be granted because the present claims are not sufficiently supported by the foreign document under 35 USC 112.
The reference corresponds to the present claims in the following manner: Ra=Rb=H; R1=COO(R4=H); R2=H; R3=R5=R7 substituted with O(R4=H).
Conclusion
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/SUN JAE YOO/Primary Examiner, Art Unit 1621