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 .
Response to Remarks
Applicants’ arguments, filed on 04/16/2026, have been approved and entered.
They have been fully considered. Rejections and/or objections not reiterated from
previous office actions are hereby withdrawn. The following rejections and/or objections
are either newly applied or reiterated. They constitute the complete set presently
being applied to the instant application.
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.
Claim(s) 1, 5-6, 9-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Song et al. EP 3309552A1.
Song et al. discloses a compound of Formula 2, wherein Ar1=unsubstituted C6 aryl, Z2=O, Y=CR9R10, with R9=unsubstituted C1 alkyl, R10=C5 alkyl substituted with active ester (N-hydroxy succinimide derivative), and R1- R2=hydrogen (see page 65 compound 46). Song et al. discloses the compound of Formula 3 of claim 7, wherein x=5 and E=active ester; and the compound of Formula 6 of claim 10, wherein Z2=O, X=O, Y=CR9R10, with R9=unsubstituted C1 alkyl, R10=C5 alkyl substituted with active ester, and R1-R4 and R12- R15=hydrogen.
Applicants argue that Song et al. does not discloses the feature at least one of R₁ to R₁₁ substituted with phosphoramidite, or at least one of R₁ to R₁₁ substituted with active ester represented by Formula 3. This is not convincing because Song does disclose a compound wherein at least one of R₁ to R₁₁ is substituted with an active ester of Formula 3 where E is N-hydroxy succinimide derivative (see rejection above).
Therefore, the rejection is maintained.
Claims 2-4 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 8, 20-23 are allowed.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEZIA RILEY whose telephone number is (571)272-0786. The examiner can normally be reached 7:30-6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gary Benzion can be reached at 571-272-0782. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEZIA RILEY/ Primary Examiner, Art Unit 1681 29 May 2026
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