DETAILED ACTION
Claims 1-2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, 30, 35, 51, 55, and 65, submitted 18 September 2025, are pending in the application. Claims 1-2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, and 51 are under examination in the instant Office Action. Claims 30, 35, 55, and 65 are withdrawn.
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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, and 51, and the elected species of compound,
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, in the reply filed on 15 December 2025 is acknowledged.
Claims 30, 35, 55, and 65 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 15 December 2025.
The Examiner did not find prior art on the elected species. In the search of the claimed species, prior art which reads on the genus and subsequent compounds of the claimed invention was found. Thus, the species election was expanded to include species identified in the below prior art rejection. As detailed in the following art rejection, the generic claim encompassing the elected species was not found patentable.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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)(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.
Claims 1-2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, and 51 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Takahashi et al. (USPN 9,783,522).
Takahashi discloses a genus, shown below, similar to that of the Applicant. Takahashi also exemplifies a compound, shown below, which reads on the limitations of the instantly claimed genus, also shown below. This reference teaches a compound which reads on the limitations of the genus when Z1, Z2, and Z3 = carbon; R1 = -OCF3; R2 and R3 both = hydrogen; Z4 = carbon; R4 = hydrogen (Col 4, Lines 15-29); A = a heteroaryl,
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(Col. 13, Line 55); L1 = -X2-, wherein X2 = single bond; and R5 and R6 = -X1-R7a, wherein X1 = single bond and R7a = hydrogen (Col. 4, Lines 30-47).
Genus taught by Takahashi
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(Col. 4, Lines 5-13)
Compound taught by Takahashi
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(Col 85, Example 8)
Genus taught by Applicant
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By comparison, instant claim 1 teaches an identical compound when R2 = -OCF3; Y = unbranched C1 alkyl; R1 = NH; Q = CH; L = a bond; and X =
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, wherein R4 = COOH.
Claims 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, and 51 are rejected as they are dependent claims stemming from the rejected independent claim 1.
Conclusion
No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN CHRISTOPHER SANCHEZ whose telephone number is (703)756-5336. The examiner can normally be reached Monday -Friday (0730-1700).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James H Alstrum-Acevedo can be reached at 571-272-5548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JUSTIN CHRISTOPHER SANCHEZ
Examiner
Art Unit 1622
/J.C.S./Examiner, Art Unit 1622
/JAMES H ALSTRUM-ACEVEDO/Supervisory Patent Examiner, Art Unit 1622