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 .
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.
Current Status of 18/007,724
This Office Action is responsive to the amended claims of 11 September 2025.
Claims 1-20 have been examined on the merits. Claims 1-2, 4, 8, 9-10, 12, 14, and 16 are currently amended. Claims 3, 5-7, 11, 13, 15, and 17-20 are original.
Priority
The effective filing date is 2 June 2020.
Specification
The title of the invention is not descriptive since it contains “Novel”. See MPEP 606. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: -- [[Novel]] Seleno-NSAID Analogs and Uses Thereof. --
Response to Arguments
The Examiner acknowledges receipt of and has reviewed Applicants’ claim amendments and Reply of 11 September 2025.
Response to Arguments
The Examiner acknowledges receipt of and has reviewed Applicants’ claim amendments and Reply of 11 September 2025.
Applicants revised claims 8-10, 12, 14, and 16 to render moot the indefiniteness rejection made within paragraphs 7-9 of the Non-Final Office Action 11 June 2025.
Applicants revised claim 10 to render moot the indefiniteness rejection made within paragraph 10 of the Non-Final Office Action mailed 11 June 2025.
Applicants disclaimed the ACS compounds that were subject to various anticipatory prior art rejections made within paragraphs 11-31 of the Non-Final Office Action mailed 11 June 2025.
Response to Amendment
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 1-2 and 6-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by:
ACS (American Chemical Society. Chemical Abstract Service. RN 82737-88-0. Entered into STN: 16 November 1984).
The prior art reference ACS teaches the compound:
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(see enclosed ACS reference), which constitutes “a compound of genus formula (I)” of instant claim 1, wherein: R2 is a phenyl (aryl) further substituted by RA, wherein RA is chlorine (halo); R1 is n-butyl. This anticipates instant claims 1-2 and 6-7.
This rejection is properly made FINAL as it is due to Applicants’ claim amendments.
Conclusion
Claims 3-5 and 8-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 1-2 and 6-7 are not presently allowable as written.
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 JOHN S KENYON whose telephone number is (571)270-1567. The examiner can normally be reached Monday-Friday 10a-6p.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew D 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOHN S KENYON/Primary Patent Examiner, Art Unit 1625
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