DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. Applicant's election with traverse of Group I and species of compound
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in the reply filed on May 1, 2026 is acknowledged. The traversal is on the ground(s) that the search and examination can be done for the scope of the claims without burden. This is not found persuasive because the present application is a national stage entry application for which the consideration of burden does not apply.
The requirement is still deemed proper and is therefore made FINAL.
3. Examination followed guidelines provided by MPEP 803.02. The elected species was anticipated by the prior art. Therefore, the Markush claims were rejected and claims to nonelected species were withdrawn from further consideration.
4. Claims 10-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected subject matter. Applicant timely traversed the restriction (election) requirement in the reply filed on May 1, 2026.
Information Disclosure Statement
5. The information disclosure statement (IDS) submitted on January 25, 2024 was in compliance with the provisions of 37 CFR 1.97 and 37 CFR 1.98. The IDS was considered. A signed copy of form 1449 is enclosed herewith.
Claim Rejections - 35 USC § 102
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.
6. Claim(s) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by RN 170014-28-5 (
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). The reference has a date of 1995 which antedates the present claims having an effective filing date of July 7, 2022 and priority claim to provisional application dated July 7, 2021.
The compound corresponds to the present claims in the following manner: X=Br (claims 1-3). The compound is taught in a composition of water which is a pharmaceutically acceptable carrier (claims 4, 7). The properties recited in claims 5, 6, 8 and 9 are anticipated because properties and structure are inseparable.
Conclusion
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/SUN JAE YOO/Primary Examiner, Art Unit 1621
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