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 .
Claims 1-15 are pending in this application.
Terminal Disclaimer
The terminal disclaimer filed on 4/7/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent No. 12,180,187 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Improper Multiple Dependent Claims
Claims 12 and 15 are objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim should refer to other claims in the alternative only. Claim 12 depends on both claim 1 and claim 10, and claim 15 depends on the improperly multiple dependent claim 12. See MPEP § 608.01(n). Accordingly, the claims 12 and 15 not been further treated on the merits.
35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph
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 1-11 and 13-14 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.
(1) As stated in the Office action of 1/7/2026, inventive features that could be interpreted as alternatives are recited with an “and” instead of “or.” For example and as shown be low, R1 is defined in claim 1 as heteroaryl, excluding thienyl, that can be substituted by halogen, cyano, nitro … and (C1-C6)alkylS(O)p:
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As another example, R2 is defined as shown below. R2 cannot be all those substituents.
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136
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As another example, R4 is defined as shown below. R4 cannot be all those substituents.
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218
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As another example, claim 4 is coped below in part with markings.
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544
666
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(2) Claim 6 defines R1 as various Q ring structures, “Q-1.1 to Q1.7 … Q-1.25, and Q-1.57 to Q-1.59.” However, the structure for Q-1.56 is set forth below the quoted claim language, which makes it confusing. Is Q-1.56 intended or not?
Dependent claims are included here because they do not cure the deficiency of the base claim.
Applicant states in the response filed on 4/7/2026 that claims have been amended to correct for this issue; however that is not the case, as shown above. Applicant is requested to thoroughly review the claims for additional instances of this claim language issue.
For these reasons, no claim can be allowed at this time.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to JOHN PAK whose telephone number is (571)272-0620. The Examiner can normally be reached on Monday to Friday from 8:30 AM to 5 PM.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner's SPE, Fereydoun Sajjadi, can be reached on (571)272-3311. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/JOHN PAK/Primary Examiner, Art Unit 1699
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