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 .
This is the first action on the merits.
Claims 3, 4, 6, 8, 10, 11, 13, 17, 19 and 20 are pending and under consideration.
Election/Restrictions
Applicant's election with traverse of Group (I) in the reply filed on December 27, 2025 is acknowledged. Group (I), drawn to compounds of formula IA, embraced by claims 1-11, 13 and 17-20 was elected by Applicant. The traversal is on the ground(s) that Groups (I) and (II) are sufficiently related such that an undue burden would not be present. This is not found persuasive because undue burden corresponds to only US applications and not 371 applications. Applicant has not pointed to any errors in the Examiner’s analysis of the classification of the different inventions. The requirement is still deemed proper and is therefore made FINAL.
Applicant elected, with traverse, the following species:
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261
438
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312
445
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Applicant indicated claims 3, 4, 6, 8, 10, 11, 13, 17, 19 and 20 read on said species.
Based on the search, the species election has been withdrawn.
The application is entitled to rejoinder of the method claims that are commensurate in scopes with the allowable product claims and with the restriction requirement.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Moreover, Applicant has provided translations of foreign priority documents 202110768196.9, with a filing date of July 7, 2021 and 202110151579.1, with a filing date of February 3, 2021. The present claims are afforded the priority date of February 3, 2021 based on the translation received by the office on December 27, 2025.
Claim Objections
Claims 3, 4, 8, 10 and 17 are objected to because of the following informalities: the term “independently” is used when only one variable is defined, see e.g., R1a in claim 1. This occurs throughout said claims. 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 8 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 pre-AIA the applicant regards as the invention.
In claim 8, the definitions of the variables B and A2 are vague. The definition is broader than what is claimed in claim 3.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUSANNA MOORE whose telephone number is (571)272-9046. The examiner can normally be reached Monday - Friday, 10:00 am to 7:00 pm.
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/SUSANNA MOORE/Primary Examiner, Art Unit 1624