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 .
Detailed Action
This office action is a response to applicant’s communication submitted June 23, 2026 wherein claims 1 and 30 are amended. This application is a national stage application of PCT/EP2021/063463, filed May 20, 2021, which claims benefit of foreign application EP20175820.8, filed May 20, 2020.
Claims 1-9, 12, 16, 24, 25, 28, 30, 31, and 34-45 are pending in this application.
Claims 1-9, 12, 16, 24, 25, 28, 30, 31, and 34-45 as amended are examined on the merits herein.
Withdrawn Rejections
Applicant’s amendment, submitted June 23, 2026, with respect to the rejection of claims 30, 34, 38, 40, and 45 under 35 USC 102 for being anticipated by Engelhardt et al., has been fully considered and found to be persuasive to remove the rejection as base claim 30 has been amended to no longer allow for R3 to be a heterocycle. Therefore the rejection is withdrawn.
Applicant’s amendment, submitted June 23, 2026, with respect to the rejection of claims 39 and 44 under 35 USC 103 for being obvious over Engelhardt et al., has been fully considered and found to be persuasive to remove the rejection as base claim 30 has been amended to no longer allow for R3 to be a heterocycle. Therefore the rejection is withdrawn.
Applicant’s amendment, submitted June 23, 2026, with respect to the rejection of claims 1-4, 6-8, 28, and 35-37 under 35 USC 103 for being obvious over Engelhardt et al. in view of Gabel et al., has been fully considered and found to be persuasive to remove the rejection as base claim 1 has been amended to no longer allow for R3 to be a heterocycle. Therefore the rejection is withdrawn.
Applicant’s amendment, submitted June 23, 2026, with respect to the rejection of claims 30, 34, and 38-44 under 35 USC 103 for being obvious over Christensen et al., has been fully considered and found to be persuasive to remove the rejection as base claim 30 has been amended to no longer allow for R6 to be a hydroxyl. Therefore the rejection is withdrawn.
Applicant’s amendment necessitates the following new grounds of rejection:
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.
Claims 30, 38, 40, 41, 43, and 45 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Duguet et al. (Reference included with PTO-892)
Claim 30 is directed to a compound having a particular formula (Ia). Duguet et al. discloses a number of synthetic intermediates (p. 3859 figure 2) of which 13 and 14 anticipate this formula Ia in claim 30, as well as the further structural limitations of claims 38, 40, 41, 43, and 45.
Claims 30, 40, 41, 43, and 45 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhao et al. (Reference included with PTO-892)
Claim 30 is directed to a compound having a particular formula (Ia). Zhao et al. discloses a number of allylated compounds (p. 2028 Table 2) of which 3b anticipates this formula Ia in claim 30, as well as the further structural limitations of claims 40, 41, 43, and 45.
Conclusion
Claims 30, 38, 40, 41, 43, and 45 are amended. Claims 1-9, 12, 16, 24, 25, 28, 31, 36, and 37 are seen to be allowable. Claims 34, 35, 38, 42, and 44 are objected to for depending from a rejected base claim but would be allowable if rewritten in independent form incorporating all the limitations of the rejected base claim and any intervening claims. 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 ANDREA OLSON whose telephone number is (571)272-9051. The examiner can normally be reached M-F 6am-3:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Scarlett Y Goon can be reached at 571-270-5241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREA OLSON/ Primary Examiner, Art Unit 1693 8/17/2026
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