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 .
Priority
2. The instant application is a national stage entry of PCT/EP2022/055742, filed March 7, 2022.
3. Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d) by application no. GB2103137.2 filed in the United Kingdom on March 5, 2021, which papers have been placed of record in the file.
Information Disclosure Statement
4. The information disclosure statements (IDS) submitted on January 24, 2024; February 17, 2026; and February 23, 2026 were in compliance with the provisions of 37 CFR 1.97 and 37 CFR 1.98. The IDS documents were considered. A signed copy of each form 1449 is enclosed herewith.
Election/Restrictions
5. Upon further consideration, the restriction requirement mailed December 30, 2025 is withdrawn and all claims are rejoined.
Status of the Claims
6. Claims 1-17 are pending and under consideration in the instant application.
Claim Objections
7. Claims 3-7, 9-10, 14, 17 are objected to for depending on a rejected base claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
8. The following is a quotation of the appropriate paragraphs of pre-AIA 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.
9. Claims 1-2, 8, 11-13, and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP0613877.
EP0613877 teaches Examples 11-12, which teaches conversion of
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wherein n is 2, to
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wherein n is 2 and Examples 15-16 wherein n is 3 (instant claim 1) and analogous conversion of formula IV and V (claimed formulae II and III’), see claims 1-2 and Examples of EP0613877. See Step 2, page 10.
Example 15 anticipates the claimed compounds:
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wherein n is 3 and Y is H (instant claims 11-13), and wherein Ra is H, Y is H, n is 3 (instant claims 15-16).
Conclusion
10. No claims are allowed.
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Samantha Shterengarts whose telephone number is (571)270-5316. The examiner can normally be reached on Monday thru Thursday 9-6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mr. Adam Milligan can be reached on 571-270-7674. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAMANTHA L SHTERENGARTS/Primary Examiner, Art Unit 1623
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