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 Application
Claims 7, 12, 18, 20, 22, 29, 31 and 37-39 are pending as of the response and amendments filed 07/13/2026. Claims 1-6, 8-11, 13-17, 19, 21, 23-28, 30 and 32-36 are cancelled. Applicant’s original election of group I claims without traverse is maintained. Claims 29 and 31 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Claims 7, 12, 18, 20, 22 and 37-39 are examined herein.
The 37 CFR 1.121 objection of previous record is withdrawn in consideration of the correct status identifiers for the claims in the response dated 07/13/2026.
The claim objections of previous record are withdrawn in consideration of the claim amendments.
The 35 U.S.C. 112(b) rejection of previous record is partially withdrawn in consideration of the claim amendments. However, the 35 U.S.C. 112(b) rejection of claim 7 is maintained since the claim amendment does not remedy the indefiniteness due to the presence of the J, Y, T variables in the structure of a compound of Formula II.
The 35 U.S.C. 112(d) rejection of previous record is rendered moot in view of the cancellation of claims 23 and 36.
In view of the pending claims, the following rejections are made.
Claim Rejections - 35 USC § 112 - Maintained
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 7, 18, 20, 22 and 37 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.
Regarding claim 7, the claim recites Formula II with variables J, Y and T, that have not been defined in the claim, therefore causing some ambiguity regarding the scope of the claim. Therefore, the metes and bounds of claim 7 are indefinite.
Claims 18, 20, 22 and 37 are similarly rejected because they depend from claim 7 and do not remedy the indefiniteness.
The examiner suggests that the structure of Formula II be amended to be similar to the structure of Formula IV with the additional required variables of Formula II to overcome this rejection.
Allowable Subject Matter
Claims 12 and 38-39 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The reasons for the indication of allowable subject matter remains the same as stated in the Office action dated 06/05/2026, with the closest prior art being the Law et al. (US 2020/0338072 A1, 29 October 2020, hereinafter Law, in the IDS) and Xie et al. (US 2022/0340565 A1, PCT filing date of 02 December 2020, hereinafter Xie, of previous record) references.
Conclusion
Claims 7, 18, 20, 22 and 37 are rejected.
Claims 12 and 38-39 are objected to.
No claims are allowed.
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 PADMAJA S RAO whose telephone number is (571)272-9918. The examiner can normally be reached 9:00-5:30 pm EDT.
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/PADMAJA S RAO/Examiner, Art Unit 1627
/SARAH PIHONAK/Primary Examiner, Art Unit 1627
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