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 .
Response to Amendment and Rebuttal Arguments
2. The amendments to the claims filed on June 22, 2026 have been fully considered. The amendments are sufficient to overcome the 35 USC 102 rejection over RN 1058398-86-9. This ground of rejection is withdrawn.
3. Applicants’ rebuttal arguments for the obviousness-type double patenting rejection have been fully considered and are noted. However, the obviousness-type double patenting rejection is maintained because the present claims remain rejected.
4. Pursuant MPEP 803.02 the search and examination was extended. Prior art was found that anticipates the amended Markush claims. Therefore, the claims were rejected and claims to nonelected species were held withdrawn from further consideration. The amended Markush claims were further searched to the extent of the species shown below.
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.
5. Claim(s) 46,52, 59 and 63 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by RN 2371169-68-3 (
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242
464
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). The reference has a date of September 1, 2019 which antedates the present claims having an effective filing date of May 28, 2021 and priority claim to provisional application dated May 29, 2020. The compound corresponds to the present claims in the following manner: X1=S; R1=#3; R2=R3=R5=R6=H; R4=halo; m=0; R7=CO(Rb1=alkyl).
6. Claim(s) 46, 49 and 52 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by RN 2347459-81-6 (
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200
492
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). The reference has a date of June 27, 2019 which antedates the present claims having an effective filing date of May 28, 2021 and priority claim to provisional application dated May 29, 2020. The compound corresponds to the present claims in the following manner: X1=S; R1=#2; R2=R3=R5=H; R4=R6=halo; n=0; R7=CO(Rb1=alkyl).
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.
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/SUN JAE YOO/Primary Examiner, Art Unit 1621
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