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 .
Application Status
The amendment filed on 2/06/2026 in response to the Non-Final office action of 11/06/2025 is acknowledged and has been entered. Claims 1-9 and 11-25 are currently pending and under consideration.
Objections/Rejections Withdrawn:
The objection of Claim 4 under 37 CFR 1.75 as being a substantial duplicate of claim of claim 3 is withdrawn in view of Applicants amendment.
The rejection of claim 11 for reciting compounds by their name in various tables within the specification is withdrawn in view of Applicants amendments
The rejection of Claim(s) 1-8 and 12-25 under 35 U.S.C. 102(a)(2) as being Abela et al. (US12421251B2, 2025-09-23) is withdrawn in view of Applicants amendments and/or arguments.
The rejection of Claims 1-8 and 12-25 on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. US12421251B2 is withdrawn in view of Applicants amendments and/or arguments.
The provisional rejection of Claims 1-9 and 11-25 on the ground of nonstatutory double patenting as being unpatentable over claim 1-8 and 10-18 of copending Application No. 18/030,527 (reference application) is withdrawn in view of Applicants amendments and/or arguments.
The provisional rejection of Claims 1-9 and 11-25 on the ground of nonstatutory double patenting as being unpatentable over claim 1-9 and 11-23 of copending Application No. 18/248,071 (reference application) is withdrawn in view of Applicants amendments and/or arguments.
The provisional rejection of Claims 1-9 and 11-25 on the ground of nonstatutory double patenting as being unpatentable over claim 1-14 of copending Application No. 18/030,529 (reference application) is withdrawn in view of Applicants amendments and/or arguments.
The provisional rejection of Claims 1-9 and 11-25 on the ground of nonstatutory double patenting as being unpatentable over claim 1-8, 10-18 and 21 of copending Application No. 18/030,530 (reference application) is withdrawn in view of Applicants amendments and/or arguments.
The provisional rejection of Claims 1-7 and 11-25 on the ground of nonstatutory double patenting as being unpatentable over claim 1-8 and 10-18 of copending Application No. 18/030,537 (reference application) is withdrawn in view of Applicants amendments and/or arguments.
Rejections Maintained
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 1-9 and 11-25 remain 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.
Regarding claim 1, claim 1 recites the variable RF and defines when two RF’s are present. However, the claims do not define what RF alone encompasses. As such, the claims are indefinite.
In response to this rejection, Applicants contend that claim 1 has been amended and does not include “RF alone” but rather includes two RF to be present and the two RF together to form a ring structure.
These arguments have been carefully considered, but are not found persuasive.
In the instant case, the Examiner acknowledges that when there are two RF’s present, they come together to form a ring structure. However, the claims do not require that there always be only two. For example, variables RZN, RZC and RL1 have RF as an option in addition to numerous other options. Thus, RF for RZN could potentially be the only RF in the molecule, but it is undefined. Note: The claims do not contain a proviso wherein if one of RZN, RZC or RL1 is RF, at least one of the other two is RF….. the two of which together form a ring.
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 BRANDON J FETTEROLF whose telephone number is (571)272-2919. The examiner can normally be reached M-F 6AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey S Lundgren can be reached at 571-272-5541. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRANDON J FETTEROLF/Primary Examiner, Art Unit 1626