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 .
DETAILED ACTION
Priority and Status of the Claims
1. This application is a 371 PCT/CN2022/086545 04/13/2022, which claims benefit of the foreign applications: CHINA 202110392189.3 04/13/2021, CHINA 202110866339.X 07/29/2021, and CHINA 202210201742.5 03/03/2022
2. Claims 1-16 are pending in the application.
Responses to Amendments/Arguments
3. Applicant's arguments regarding the rejection of claims 1-16 under 35 U.S.C. 112 (b) have been fully considered but they are not persuasive.
Applicants state “Applicant submits that claim 1 defines that Y2 and Y3 are not simultaneously N, so that the compound must contain CR5 or CR5', and further defines that R6forms a ring system with at least one of R5 or R5' and adjacent carbon atoms. That is, R6 is defined as forming a ring system with adjacent atoms. Therefore, the definition of R6 is complete and clear.”, see page 9.
However, it is noted that the instant variable R6 is not defined, and it can be any variable. Moreover, claim 1, line 23, states “or R5 and R6 together with their adjacent carbon atoms, form a ring system”, thus variable R5 and R6 optionally form a ring system. Therefore the rejection of claims 1-16 under 35 U.S.C. 112 (b) is maintained.
4. Since variable R5 and R6 of formula (I) optionally form a ring system, therefore the compounds Hecker et al. ‘351 still read on the instant compounds of formula (I).
The rejection of claim 1 under 35 U.S.C. 102 (a) (1) over Hecker et al. ‘351 is maintained.
5. Since variable R5 and R6 of formula (I) optionally form a ring system, therefore the compounds of formula (Ic) and (Id) of Hecker et al. ‘351 still read on the instant compounds of formula (I). Therefore the rejection of claim 1 under 35 U.S.C. 103 (a) over Hecker et al. ‘351 is maintained.
6. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Conclusion
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/REI TSANG SHIAO/
Rei-tsang Shiao, Ph.D.Primary Examiner, Art Unit 1691
June 29, 2026
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