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 .
DETAILED ACTION
This is a response to Applicant’s communication filed on August 28, 2026. Application No. 18/254,897, is a 371 of PCT/JP2021/043654, filed November 29, 2021, and claims foreign priority to Japanese application No. JAPAN 2020-198084, filed November 30, 2020. In a preliminary amendment filed May 30, 2023, Applicant added new claims 12-20. In amendment filed August 28, 2026, Applicant cancelled claims 5 and 8. Claims 2, 3, and 12-20 are currently withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species. The election was made without traverse in the reply filed on November 7, 2025. Claims 1, 4, 6, 7, and 9-11 examined below.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 August 28, 2026, has been entered.
Rejection Withdrawn
The rejection of claims 1, 4, and 6-11 under 35 U.S.C. 102(a)(1) as being anticipated by Bossert et al., DE 2228377, is withdrawn in view of Applicant’s August 28, 2026, Amendment & Remarks.
The rejection of claim 5 under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention, in view of Applicant’s August 28, 2026, Amendment & Remarks.
New Rejection Necessitated by the August 28, 2026, Amendment & Remarks
Claim Rejections - 35 USC § 102(a)(1)
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 4, 6, 7, and 9-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hisaki et al., U.S. Patent No. 4,874,773. The CAS Abstract for Hisaki discloses the following compound and pharmaceutical compositions thereof:
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(Hisaki et al., citing the CAS Abstract for the compound depicted above; see also Hisaki et al., ‘773 patent, Col. 10, ln. 39-Col. 16, ln. 68, Examples 1-56, and Table 2, for other examples.) The above compound reads on a compound of formula (3), wherein formula (3) one of R1 and R1’ is a hydrogen the other is a cycloalkyl; X is O; R2 is a lower cycloalkyl; one of R3 or R4 is a nitro and the other is hydrogen; and R5 and R6 are both methyl. Pharmaceutical compositions of the compounds disclosed there are prepared as antihypertensives in the treatment of cardiac disorders.
Conclusion
No claims are allowed.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY R ROZOF whose telephone number is (571)270-5992. The examiner can normally be reached on Monday - Friday, 9:00 a.m. -5:00 p.m..
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew Kosar can be reached on (571) 272-0913. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY R ROZOF/
Primary Examiner, Art Unit 1625
