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 Claims
Claims 1-20 are pending. Claims 4 and 8-20 are withdrawn. Claims 1, 3, and 5 are rejected. Claims 2, 6, and 7 are objected to.
Information Disclosure Statements
The Information Disclosure Statements (IDS’s) submitted on 6/20/2023, 4/8/2024, and 2/19/2025 were considered by the Examiner.
Election/Restrictions
Applicant’s election without traverse of Group I and the species:
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, in the reply filed on 12/11/2025 is acknowledged.
Claims 1-3 and 5-7 embrace Applicant’s elected species and are therefore under examination. As per MPEP 803.02, “Following election, the Markush claim will be examined fully with respect to the elected species and further to the extent necessary to determine patentability.” The elected species is allowable. The examination has been extended to include the 35 USC 102 rejection below over a non-elected species of claims 1 and 3. Claims 2 and 5-7 have been searched in full and are free of the art. However, claim 5 has been rejected below under 35 USC 112(b).
Claims 4 and 8-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim Objections
Claim 1 is objected to because of the following informalities: Third line from bottom, Examiner recommends replacing “C1-6alkoxy” with “C1-6alkoxy”. Appropriate correction is required.
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.
Claim 5 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 the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Independent claim 5 recites an “R2” variable in structure of Formula III, without defining R2 in the remainder of the claim. For the purpose of search and examination, Examiner has relied on the instant specification, paragraph [0092], which indicates that the R2 definition is identical (H or C1-4alkyl) in Formula III as to Formula I (instant claim 1). Examiner requires the definition of R2 to be explicitly defined in independent claim 5.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1 and 3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CAS Registry No. 1436359-23-7 (which entered the STN database on 6/9/2013).
Regarding instant claims 1 and 3, CAS Registry No. 1436359-23-7 is drawn to the following structure:
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, which is embraced by a compound of instant Formula I:
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, and Formula I-a:
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, wherein R1 = C2 alkyl; x = 0; R2 = H; R3 = H; R4 = C1 alkyl; X, Y, Z’, Y’ = CH; Z = C; n = 1; R5 = halogen (Cl).
Allowable Subject Matter
Claims 2, 6, and 7 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEGHAN C HEASLEY whose telephone number is (571)270-0785. The examiner can normally be reached Monday - Friday 8:30-4:30 PM.
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/MEGHAN C HEASLEY/Examiner, Art Unit 1626
/KAMAL A SAEED/Primary Examiner, Art Unit 1626