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 .
Response to Amendment
The 2025 December 19 amendment containing newly amended claims 17-35 and 38-40 is acknowledged. The 35 U.S.C. 102 and 103 rejections are overcome because claims 36 and 37 are cancelled.
Claim Objections
Claims 17-35 and 38-40 are objected to because of the following informalities: the specified claims contain structures that are gray and are consequently difficult to interpret.
For example, a compound of formula (I) would be more legible if it we written as the following:
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244
1011
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.
A compound of formula (M-3) would be more legible if it appeared as the following:
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255
593
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.
This same issue applies to each gray image in the claims.
Appropriate 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 18, 23, and 34 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. In claim 18, a compound of formula (RM-2), the octet of the terminal nitrogen is not filled and no third group is attached to the nitrogen. In claim 23 step 2, what group is attached to the NH group of (RM-2)? In claim 25 step 2-a, what group is attached to the NH group of (RM-2-a)? In claim 26, step 2-a, what group is attached to the NH group of (RM-2-a’)?
Allowable Subject Matter
Claims 17-35 and 38-40 are not allowed.
The following is a statement of reasons for the indication of allowable subject matter: Durrenberger (WO 2017/068090, filed 2017 April 27) describes general scheme 7. This representative process does not anticipate or render obvious a synthetic process of claim 17 because the reactants are different due to the functional groups attached are different. For example, an aldehyde group is attached to a thiazole ring. Additionally, an unsubstituted amine is attached to a benzimidazole ring.
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308
880
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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 NOBLE E JARRELL whose telephone number is (571)272-9077. The examiner can normally be reached 9:00 AM to 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fereydoun Sajjadi can be reached at 571-272-3311. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NOBLE E JARRELL/Primary Examiner, Art Unit 1699
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