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 .
Election/Restrictions
Applicant’s election without traverse of group I and compound in which examined variable R1 is an alkyl group in the reply filed on 2025 December 22 is acknowledged. Claims 2-9 are examined on the merits to a compound of formula 1 in which examined variable R1 is an unsubstituted alkyl group.
Claim 10 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2025 December 22.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2-24 January 17 was submitted in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 2-9 are objected to because of the following informalities: the language “Formula 1, tautomers, N-oxides, and salts thereof” should be written as --Formula 1, or a tautomer, N-oxide, or a salt thereof-- because claim 1 recites the word “compound” and the other words appear to be alternative forms of a compound of formula 1.
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.
Claims 5-7 are 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites the limitation that examined variables Q1 and Q2 are each 1-A. There is insufficient antecedent basis for this limitation in the claim because there is no recitation in claim 1 that variables Q1 and Q2 can be 1-A.
Claim 6-7 recites the limitation that examined variables Q1 is A-1. There is insufficient antecedent basis for this limitation in the claim because claim 5 recites variables Q1 and Q2 can be 1-A.
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) 2-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by RIPKA (WO 2009/158393, published 2009 December 30, cited in IDS). Ripka describes the following compounds: 386, 391-393, 396, and 397 (page 167); 404-406, 409-410 (page 168); 497, 502-504, 507, and 508 (page 175); 521 (page 176); 601 (page 182); 606-608, 611, 612, and 614 (page 183); 619-621, 624, and 625 (page 184); 712 (page 190); 717-719, 722, and 723 (page 191); 725, 730-732, 735, and 736 (page 192). In these compounds the following examined definitions apply: R1 is Me; R2 and R3 are each H; one of Q1 and Q2 is a phenyl ring substituted with an O-CH2-quinoline ring and Cl and the other is selected from 4-OMe-phenyl, 4-cyanophenyl, methoxy-substituted pyridine, 3-cyano-4-methoxy-phenyl, or 4-Cl-phenyl.
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Allowable Subject Matter
Claims 2-9 are not allowed.
The following is a statement of reasons for the indication of allowable subject matter: Ripka (WO 2009/158393, published 2009 December 30, cited in IDS) does not describe compounds in which each instance of variable n is 2 or a combination of variable described in a compound of claim 8 in which R1 is an alkyl group.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOBLE E JARRELL whose telephone number is (571)272-9077. The examiner can normally be reached 9:00 AM to 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fereydoun Sajjadi can be reached at 571-272-3311. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NOBLE E JARRELL/Primary Examiner, Art Unit 1699