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.
Election/Restrictions
Applicants’ claim amendments render moot the prior art rejection of record.
The Examiner extended the Markush search to the full scope of instant claim 25 but did not retrieve any prior art.
Therefore, the Election of Species Requirement of 6 August 2025, is withdrawn, as all claims are free of the prior art.
All claims have been examined on the merits.
Current Status of 18/030,634
This Office Action is responsive to the amended claims of 27 March 2026.
Claims 25, 27, 30, 33, 35, and 38-47 have been examined on the merits. Claims 25, 27, 30, 33, 35, and 38-40 are currently amended. Claims 41-47 are new.
Priority
The effective filing date is 9 October 2020.
Response to Arguments
The Examiner acknowledges receipt of and has reviewed Applicants’ claim amendments and Reply of 27 March 2026.
Applicants’ claim amendments render moot the prior art rejection of record.
Response to Amendment
Claim Objections
Claim 27 is objected to because the following compounds:
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254
406
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and
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204
204
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are structural duplicates.
The first three compounds of claim 47 also appear to be structural duplicates.
Please delete two of these occurrences and verify none of the other compounds within the claims are duplicates.
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 25, 27, 30, 33, 35, and 38-47 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.
Claim 25 recites the limitation "alkenyl” and “alkynyl” and “C1-10alkyl” and “’substituted’ aryl,…” as alternative embodiments of R10.
The Examiner has circled the exact occurrences for illustration:
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176
802
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300
792
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.
There is insufficient antecedent basis for these limitations in the claim.
These limitations render the metes and bounds of claim 25 undefined (hence rendering claim 25 indefinite under 35 USC 112(b)) since the artisan is not certain where these alternative embodiments of substituents are first introduced earlier within claim 25.
The claims 27, 30, 33, 35, and 38-47 are similarly rejected as indefinite since these claims refer back to claim 25 but do not remedy the rationale underpinning the basis for rejecting claim 25.
This rejection is properly made FINAL as it is due to Applicants’ claim amendments.
Conclusion
There are no presently allowable claims.
There is no known prior art reference that either teaches or anticipates a compound of claim 25.
The claim 25 is free of the prior art for the rationale stated within paragraph 19 of the previous Office Action.
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.
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/JOHN S KENYON/Primary Patent Examiner, Art Unit 1625
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