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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2026 January 16 has been entered. Newly amended claims 1-9 and 13-22 are examined on the merits.
While images for moieties (E-1)-(E-12) and (E-37) are readable, if they were improved they would be better for publication. An example for comparison is shown below.
Current Image
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130
206
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Better Image
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312
385
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The same issue applies to moieties (B-2) through (B-5) and (B-7) through (B-9) in claim 18.
Current Image
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194
236
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Better Image
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507
741
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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 6, 7, and 18 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.
In claims 6 and 7 the image of the ribose ring is not legible. The image is too small and consequently grainy. It is difficult to determine what letters are present on the left and right of the image. Images for moieties (B-2), (B-3), (B-5), (B-7), (B-8), and (B-9) are difficult to interpret due to the poor image quality. In moiety (B-3) it is hard to tell what superscript is attached to variable M, It is assumed to be A based on claim 1. Due to the graininess and size of the image, it is hard to read. In moiety (B-7) what variable is attached to the pyrrolidine ring? Due to its graininess, it hard to tell what the letter is.
Claim 18 recites the limitation RP in reference to moiety (B-5). There is insufficient antecedent basis for this limitation in the claim because moiety (B-5) contains RP.
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202
368
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Conclusion
Claims 1-5, 8, 9, 14-17, and 19-22 are allowed. Claims 6, 7, and 18 are not allowed.
The following is a statement of reasons for the indication of allowable subject matter: The following is a statement of reasons for the indication of allowable subject matter: SCHULTZ (Journal of Biological Chemistry, 1993, 268 (9), 6316-6322) describes compound 1 (page 6319). This compound does not anticipate or render obvious a compound of examined formula (B) because there is no [C(R6)(R7)]-O-C(O) group attached to the 4-methyl-2H-chromen-2-one ring. A [C(R6)(R7)]-O-C(O) group is attached to a chromene ring in examined variable MA.
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182
466
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOBLE E JARRELL whose telephone number is (571)272-9077. The examiner can normally be reached 9:00 AM to 5:00 PM.
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/NOBLE E JARRELL/Primary Examiner, Art Unit 1699
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