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 1-14 and 17-18 are pending in this application. Claims 15-16 have been cancelled by applicant.
Allowable Subject Matter
Claims 1-8, 10-14, and 17-18 are allowed.
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.
Claim 9 is 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 9 recites the limitation "compounds 1-208." There is insufficient antecedent basis for this limitation in the claim. Furthermore, the compounds in the specification are labeled as “Examples” not as “compounds”. Applicant may either cancel the claim or clearly incorporate compounds 1-208 into the claim.
Applicant is advised, as stated in MPEP 2173.05(s), claims should be complete to themselves and the reference to tables renders the claims incomplete. Claims which recite figures or tables are only permitted in exceptional circumstances where there is no practical way to define the invention in words and where it is more concise to incorporate by reference than duplicating a drawing or table into a claim.
Response to Arguments
Claims
Claim amendments are acknowledged. No new matter has been introduced.
Specification
Applicant’s comments are acknowledged. Objections to the specification are withdrawn.
Claim Rejections - 35 USC § 112(b)
Applicant’s arguments, see page 7, filed 12/19/2025, with respect to the 35 USC § 112(b) rejection of claim 1 have been fully considered and are persuasive. The 35 USC § 112(b) rejection of claim 1 has been withdrawn.
Applicant, however, has failed to acknowledge the 35 USC § 112(b) rejection of claim 9, therefore, the 35 USC § 112(b) rejection of claim 9 is maintained.
Claim Rejections - 35 USC § 103
Applicant’s arguments, see pages 7-8, filed 12/19/2025, with respect to the 35 USC § 103 rejections have been fully considered and are persuasive. The 35 USC § 103 rejection of the claims has been withdrawn.
Double Patenting
The terminal disclaimer filed on 12/19/2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent No. 12,459,927 (cited as Copending App. No. 18/007,787 (Copending ‘787) in the non-final action filed 08/01/2025) has been reviewed and is accepted. The terminal disclaimer has been recorded.
The obviousness-type double patenting rejections over Copending App. No. 18/007,787 (Copending ‘787) (now US Patent No. 12,459,927) have been withdrawn.
Conclusion
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 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 JACKSON J HERNANDEZ whose telephone number is (571)272-5382. The examiner can normally be reached Mon - Thurs 7:30 to 5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kortney L. Klinkel can be reached at (571) 270-5239. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACKSON J HERNANDEZ/Examiner, Art Unit 1627
/Kortney L. Klinkel/Supervisory Patent Examiner, Art Unit 1627