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 .
Status of the Claims
Claims 1-3, 5-7, 9-10, and 12-39 are pending. Claims 9, 12, 13, 19, 21-24, 30, 33, and 35-39 are withdrawn. Claims 1-3, 5-7, 10, 14-18, 20, 25-29, 31-32 and 34 are rejected.
Response to Amendments/Arguments
All previous rejections and objections have been overcome by Applicant’s 4/15/2026 amendments (particularly refining “A”, “B” and “C” of instant claim 1 and correcting objections from Examiner’s previous suggestions). Therefore, Applicant remarks from 4/15/2026 will not be addressed.
However, there are novel rejections presented below, as necessitated from Applicant’s 4/15/2026 amended claim set.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3, 5-7, 10, 14-18, 20, 25-29, 31-32 and 34 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 2, and 3 have definitions for R4 and R5. There are not corresponding variables of R4 or R5. It is unclear if Applicant intended for there to be R4 or R5 variables. Examiner recommends deleting the R4 and R5 definitions. Claims 5-7, 10, 14-18, 20, 25-29, 31 and 34 are additionally rejected for depending from claim 1 and failing to remedy its deficiencies.
Claim 32, p. 17, has blank boxes for Examples 15 and 16. It is unclear if Applicant intended to have compounds 15 and 16 be part of the examination and they have not been searched. Examiner recommends either inserting Examples 15 and 16, as appropriate, or deleting the labels on these boxes.
Closest Prior Art
The closest prior art to claims 1-3, 5-7, 10, 14-18, 20, 25-29, 31-32 and 34, as presented in the 4/15/2026 claim set, is CAS Registry No. 774229-31-1 (which entered the STN database on 11/3/2004).
CAS Registry No. 774229-31-1 is drawn to the following structure (arrow added by Examiner):
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146
341
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. The prior art compound differs from the instant claims in the location of the added arrow, which inserts an -NH- in between the B (
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79
78
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) and the C (
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90
109
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) ring. Therefore, the prior art does not provide motivation for, nor render obvious, the instant claims.
Conclusion
Applicant’s amendments necessitated the new ground(s) of rejection presented in this Office Action. Accordingly, THIS ACTION IS MADE FINAL. 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 extension fee 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 MEGHAN C HEASLEY whose telephone number is (571)270-0785. The examiner can normally be reached Monday - Friday 8:30-4:30 PM.
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/MEGHAN C HEASLEY/Examiner, Art Unit 1626
/KAMAL A SAEED/Primary Examiner, Art Unit 1626
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