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 .
Priority
This application was filed 10/10/2022 and is a CIP of 16/760815 (04/330/2020) now US Pat 11466010 which is a 371 of PCT/US18/58286 (10/30/2018) which claims priority to PRO 62/579015 (10/30/2017). RCE papers were filed 12/19/2025 with an amendment and argument. Claims 1-24 are before the Examiner.
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.
The rejection of claims 1, 2, 4 and 8 under 35 U.S.C. 102(a)(1) as being anticipated by Zhang, as stated in paper dated 09/30/2025, is upheld. Specifically on page 62
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second compound where R=OH anticipates the instant claims. This compound fully anticipate the instant claims.
Applicant argues in paper dated 12/19/2025 that the amendments to claim 1 overcome the rejection of record. However, that is not the case. The two compounds taught by Zhang where the above pictured R is OH anticipates the instant claims. For the instant claims 1, 2, 4 and 8…X=C, X’=N, R1is OH, R2, R3 and R5=H and R4=OH. The proviso in claim 1 reads…when R1is either H or alkoxy then R4 is alkoxy. However, R1=OH is not within the scope of the proviso since R1 is neither H or alkoxy. Due to this, the rejection is upheld.
Claim Rejections - 35 USC § 112
The rejection of claim 1 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as stated I paper dated 09/30/2025, is withdrawn in view of applicants amendments in paper dated 12/19/2025.
Claim Objections
Claims 3, 5-7 and 9-12 are objected to because of the following informalities: These claims depend from a rejected base claim but would be allowable if rewritten in independent form free of the above cited rejections. Appropriate correction is required.
Allowable Subject Matter
Claims 13-24 are free of prior art and are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to D MARGARET M SEAMAN whose telephone number is (571)272-0694. The examiner can normally be reached M-F 8am-4pm Eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew Kosar can be reached at 571-272-0913. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/D MARGARET M SEAMAN/Primary Examiner, Art Unit 1625
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