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 .
Claims 1-12 and 15-18 are pending in the application.
This action is in response to applicants' amendment dated February 2, 2026. Claims 1-3, 5, 8 and 11 have been amended, claim 13 has been canceled and claims 17 and 18 are newly added.
Response to Amendment
Applicant's arguments filed February 2, 2026 have been fully considered with the following effect:
The applicant's amendments and arguments are sufficient to overcome the 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph rejections, labeled paragraph 1a), b), c), d), e), f) and h) in the last office action, which are hereby withdrawn. However, with regards to the 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph rejections, labeled paragraph 1g) of the last office action, the applicant’s amendments and remarks have been fully considered but they are not persuasive.
g) The applicants’ stated that the rejection has been obviated by the claim amendment that corrects the obvious typographical error by superscripting the “4” in the species as “14-methoxy-“ in claim 11. However, the applicants failed to correct both species, i.e. the species in lines 7-9 and 16-18 on page 18 of the previous amendment which corresponds to the species in lines 8-10 and 15-17 on page 15 of the amendment filed February 2, 2026. The species in lines 8-10 has been amended but the species in lines 15-17 has not.
Claim 11 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 applicant regards as the invention, for reasons of record and stated above.
The applicant's amendments and arguments are sufficient to overcome the 35 U.S.C. 112(d) or 35 U.S.C. 112 (pre-AIA ), 4th paragraph rejection, labeled paragraph 2) in the last office action, which is hereby withdrawn.
The applicant's amendments and arguments are sufficient to overcome the 35 U.S.C. 102(a)(2), anticipation rejection/ 35 U.S.C. 103, obviousness rejection, labeled paragraph 3) in the last office action, which is hereby withdrawn.
With regards to the 35 U.S.C. 102(a)(2), anticipation rejection/ 35 U.S.C. 103 obviousness rejection, labeled paragraph 4) in the last office action, the applicants failed to comment on this ground of rejection and is therefore herein maintained.
Claim(s) 1-13 and 15-18 is/are rejected under 35 U.S.C. 102(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Pennington et al., U.S. Patent Application Publication No. 2024/0368182 and U.S. Patent No. 12,006,330, for reasons of record.
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 BRENDA L COLEMAN whose telephone number is (571)272-0665. The examiner can normally be reached Mon-Fri 10-6 (flex).
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/BRENDA L COLEMAN/Primary Examiner, Art Unit 1624