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 .
Claims 1-2 and 8-12 are pending in the application. Claims 3-7 have been canceled. Preliminary amendment filed 20 September 2023.
Priority
This application is a 371 of PCT/KR2022/005227 filed 04/11/2022. This application claims foreign priority to KOREA, REPUBLIC OF KR10-2022-0025992 filed 02/28/2022, under 35 U.S.C. 119(a)-(d). The certified copy of the priority document has been filed in the instant application.
The parent application KOREA, REPUBLIC OF KR10-2022-0025992 to which priority is claimed is seen to provide adequate support under 35 U.S.C. 112 for claims 1-2 and 8-12 of this application. Priority accorded is 02/28/2022.
Claim Objections
Claims 1, and 9-11 are objected to because of the following informalities: The structural formulas in claims 1 and 9-11 are fuzzy including the substitutions R1-R5. Some of the bonds in the rings in the formulas appear like dotted lines, for example the exocyclic double bond. Applicant is requested to provide clear structural formulas. Appropriate correction is required.
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 (i.e., changing from AIA to pre-AIA ) 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.
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 8-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chaturvedula et al (Journal of Applied Pharmaceutical Science, 2011, 01(08), 104-108).
Chaturvedula et al teaches compound 1 (page 105, Figure 1; page 105, right col., see under sub-title: Isolation and Characterization and the last para on the right):
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396
578
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Formula 1 above reads on the compound of formula (1) in claim 1 for R2 being b-glucose-b-glucose (2-1). Chaturvedula teaches a composition of compound of formula (1) in n-butanol and methanol-acetone mixture (solution before crystallization; page 106-see under Alkaline hydrolysis of Stevioside (3)). This constitutes the surfactant composition of steviol monoglycoside acid as in claim 8 and the composition in claim 9 wherein R2 is b-glucose-b-glucose (2-1).
Therefore, Chaturvedula et al anticipates claims 1 and 8-9.
Claim(s) 1-2, 8 and 11-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al (International Journal of Spectroscopy, 2012, 1-9).
Lee et al teaches steviolbioside amides (Scheme 3 at page 8; structural formulas 4q):
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828
898
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Compound 4q reads on the compound of formula (3) in claim 1 for R2 being b-glucose-b-glucose (2-1), and R4 =H and R5 = stearyl which is a C18 alkyl. This also reads on the limitation of claim 2. Lee teaches methanol solutions of the compounds (page 2, right col., para below Table 1, through page 3, right col., first full para). The methanol solution reads on the composition as in claims 11-12.
Therefore, Lee et al anticipates claims 1-2, 8 and 11-12.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cicek (Molecules, 2020, 25, 1-23).
Cicek teaches compounds 35 a-b (page 13):
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296
538
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This reads on compound of formula (2) in claim 1 for R3 = linear substituted C3 and C4 alkyl and R2 being b-glucose-b-glucose (2-1).
Therefore, Cicek anticipates claim 1.
Claims 1 and 8-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jingang et al (KR 20120027363 A; Machine English Translation, pages 1-11, and original document; Original Korean document cited in IDS 09/20/2023).
Jingang et al teaches compound RB, (Original document, page 6, Table, entry # 5; page 11, para 0078):
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148
456
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Formula RB meets the limitations of claim 1, compound of formula (1) for R2 = b-glucose-b-glucose (2-1)-b-glucose (3-1). Entry #2 in the Table at page 6 reads on the compound of formula (1) for R2 = b-glucose-b-glucose (2-1). Page 7, last para in the English translation teaches formula RB in water. This meets the limitations of claims 8-9.
Therefore, Jingang et al anticipates claims 1 and 8-9.
Claims 1, 8 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yosioka et al (Chem. Pharm. Bull., 1972, 20(11), 2500-2502).
Yosioka et al teaches esterification of steviolbioside (compound IV) with methanol to get the corresponding methyl ester (page 2501, Experimental, last para). The structural formula of steviolbioside is shown in chart 1 at the top of page 2501. Reaction of steviolbioside (IV) with diazomethane gives steviolbioside methyl ester wherein R1 = COOMe. This reads on compound of formula (2) in claim 1 for R2 = b-glucose-b-glucose (2-1) and R3 = C1 alkyl.
Yosioka teaches the ester in methanol. This reads on claims 8 and 10
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 8 and 11-12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Bonorden et al (WO 2018/013767 A1).
Bonorden teaches compound of formula I (pages 10-11):
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680
562
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508
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In the above formula R1 is 2-(1-b-D-glucopyranosyl)-1-b-D-glucopyranosyl, A1 is NR10, wherein R10 is H, alkyl, cycloalkyl, L1 is a bond and G1 is R11 wherein R11 is H, alkyl, cycloalkyl and wherein both alkyl and cycloalkyl can be substituted. Alkyl can be C1-C6 alkyl (page 5, para 0029; see also para 0031, 0231). This reads on compound of formula (3) in claim 1 and reads on claims 2 and 8. Bonorden teaches a composition comprising the compound of claim 1 (page 103, claim 19 of Bonorden). This reads on instant claims 11-12.
Therefore, Bonorden anticipates claims 1-2, 8 and 11-12.
Claims 1 and 8-9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gaspard et al (WO2021216546 A1).
Gaspard et al teaches the following compound (page 36, para 0085):
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474
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When R is H, it reads on the compound of formula (1) in claim 1 for R2 being b-glucose-b-glucose (2-1)- b-glucose (3-1) as in claims 1, 8. Gaspard teaches composition comprising its compounds as in claim 9 (para 0097).
Therefore, Gaspard anticipates claims 1 and 8-9.
Conclusion
1. Pending Claims 1-2 and 8-12 are rejected.
2. Claims 3-7 have been canceled.
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/GANAPATHY KRISHNAN/ Primary Examiner, Art Unit 1693