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 .
Status of the Application
Claims 1-60 and 63-73 are pending
Claims 1-60 and 63-73 are under consideration in the instant office action.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 03/29/2024, 06/05/2024, 09/09/2024, 11/27/2024, 01/06/2025, 05/12/2025, 08/15/2025, 04/02/2026 complies with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609. Accordingly, it has been placed in the application file and the information therein has been considered as to the merits. See attached copy of the PTO-1449.
Priority
This application claims benefit of U.S. Provisional Application No. 63/341,289 filed on 05/12/2022.
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 04/02/2026 is acknowledged. Since Group I appears free of the prior art, the restriction requirement is withdrawn.
Claims 1-6 and 56-60 appear allowable. Claims 7-55 and 63-73, previously withdrawn from consideration as a result of a restriction requirement, require all the limitations of an allowable claim. Pursuant to the procedures set forth in MPEP § 821.04(a), the restriction requirement between inventions I-IX, as set forth in the Office action mailed on 01/02/2026, is hereby withdrawn and claims 7-55 and 63-73 are hereby rejoined and fully examined for patentability under 37 CFR 1.104. In view of the withdrawal of the restriction requirement, applicant(s) are advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application. Once the restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
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 1-60 and 63-73 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.
Claims 1, 5-7, 11-13, 17-18, 22, 24, 28, 30, 34-35, 39, 41-43, 47-48, 52, 54-55, and 73 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements are: claims 1, 5-7, 11-13, 17-18, 22, 24, 28, 30, 34-35, 39, 41-43, 47-48, 52, 54-55, and 73 recite Form II, FIG. 7, FIG. 8, Form III, FIG. 11, FIG. 14, Form IV, FIG. 16, Form VII, FIG. 22, Form IX, FIG. 24, Form A, FIG. 64, Form B, FIG. 65, FIG. 66, FIG. 67, FIG. 92, FIG. 77, FIG. 78, FIG. 79, respectively, wherein it is unclear what form a compound of Formula I is in or what specific XRPD values characterize the recited forms.
Claims 2-3, 8-9, 14-15, 19-20, 25-26, 31-32, 36-37, 44-45, 49-50, 57-58, and 60 recite the limitation "claim 0" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Conclusion
Claims 1-60 and 63-73 are rejected.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW P LEE whose telephone number is (571)270-1016. The examiner can normally be reached Monday-Friday 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Renee Claytor can be reached at (571)272-8394. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW P LEE/Examiner, Art Unit 1691
/RENEE CLAYTOR/Supervisory Patent Examiner, Art Unit 1691
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