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 .
Applicant’s election without traverse of Group I, claims 18-28 in the reply filed on 01/05/2026 is acknowledged.
Claims 29-38 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/05/2026.
Claims 18-38 are pending. Claims 18-28 are being examined. Claims 29-38 are withdrawn from further consideration as being drawn to non-elected inventions.
Allowable Subject Matter
Claims 19-28 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.
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)(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.
Claim 18 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shirley et al. (Shirley et al., “Metalation of 14H-Dibenso[a,h]-,7H-Dibenzo[c,h]-, and 14H-Dibenzo[a,c]phenothiazine with n-Butyllithium”, The Journal of Organic Chemistry, Vol. 27, No. 12, 1 December 1962, pages 4421-4424).
Considering claim 18, Shirley teaches compounds with claimed formula (I) (Shirley, compounds III & XII).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANITA NASSIRI-MOTLAGH whose telephone number is (571)270-7588. The examiner can normally be reached M-F 6:30-3:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Johnson can be reached at 571-272-1177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANITA NASSIRI-MOTLAGH/Primary Examiner, Art Unit 1734
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