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 .
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.
(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.
Claim(s) 69 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zlatev, Ivan, et al. "Use of a solid-supported coupling reagent for a selective phosphitylation of the primary alcohol of N2-isobutyryl-2′-deoxy or 2′-O-methyl guanosine." Tetrahedron letters 47.47 (2006): 8379-8382 (Zlatev).
Zlatev discloses phosphine 2 (e.g., a compound of instant formula (2); Scheme 1).
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Zlatev further discloses N2-isobutyryl-2’-O-methyl guanosine (e.g., a compound of instant formula (1); Scheme 2).
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Zlatev teaches all of the instantly claimed elements. Thus, claim 69 is anticipated.
Conclusion
Claims 1-2, 4, 6, 13-17, 22, 26-28, 31, 35, 42, 45, 47, 64, and 69 are pending. Claim 69 is rejected. Claims 1-2, 4, 6, 13-17, 22, 26-28, 31, 35, 42, 45, 47, and 64 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: Manoharan et al. WO 2011/005860 A2 (Manoharan) is seen to be the closest prior art. Manoharan teaches the synthesis of 21-mer RNA 5'-boranophosphate 577-152 (Example 5a; Scheme 4a).
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In the method, phosphoramidite 577-155 (0.1 M solution in MeCN) was coupled to A-55311 on CPG using standard automated synthesis conditions with activator 5-benzylthiotetrazole (0.25M in MeCN) and oxidizer DDTT in pyridine.
Manoharan differs from the instantly claimed invention in at least that Manoharan does not explicitly teach reacting a compound, or salt thereof, of instant formula (4) with a compound, or a salt thereof, of instant formula (5) to obtain a compound of instant formula (6). Manoharan does not teach a compound of instant formula (6) or formula (10). These deficiencies would not have been obvious in view of the cited prior art.
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/PATRICK T LEWIS/Primary Examiner, Art Unit 1691
/PL/