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. The restriction requirement dated May 4, 2026 is withdrawn.
Priority
3. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
4. The information disclosure statements (dated May 4, 2026 and June 26, 2024 and December 20, 2022) 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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
5. Claim(s) 1, 2 and 11-25 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by WO 2021242806. The reference has an earliest date of May 28, 2020 based on priority claim to US 63,030,942. The reference antedates the present claims having an effective filing date of May 26, 2021 based on disclosure in the priority application (see reference to this priority document below). Priority claim to foreign application dated May 28, 2020 is acknowledged. However, the earlier date cannot be granted because Applicants have not submitted an English translation showing that the presently claimed genus is fully supported under 35 USC 112 by the priority document.
The reference teaches reacting
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124
288
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with
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214
666
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Greyscale
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116
270
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. The reference further teaches the hydrolysis of compound 13 to give
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122
292
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Greyscale
, reacting 14 with S-phenylpropylamino and a reducing agent to give
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118
248
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. This process anticipates claim 1.
The reference teaches reacting 15 with formaldehyde to give
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120
264
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Greyscale
and forming an alkali metal or earth alkali metal salt, reacting this salt with
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130
180
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to give
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148
342
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, and reacting 10 with hydrochloric acid to produce the HCl salt
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164
338
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Greyscale
This process anticipates claim 2. The specific reagents/reactants in claim 1-25 are taught by the reference on pages 7-9.
Conclusion
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/SUN JAE YOO/Primary Examiner, Art Unit 1621
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