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 .
Claims 1-20 are pending in the instant application. Claims 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to non-elected subject matter. The withdrawn subject matter is patentably distinct from the elected subject matter as it differs in structure and element and would require separate search considerations. In addition, a reference which anticipates one group would not render obvious the other. Claims 1, 2 and 4-13 are rejected. Claims 3 and 14 are objected.
Information Disclosure Statements
The information disclosure statements filed on March 5, 2024, December 30, 2024 and May 5, 2025 have been considered and signed copies of form 1449 are enclosed herewith.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-14, in the response filed on October 6, 2025 is acknowledged. The restriction requirement is still deemed proper and is hereby made final.
Applicant’s election without traverse of the species Compound 6 in the response filed on January 5, 2026 is acknowledged. Upon further search and consideration, however, the election of species requirement has been withdrawn (i.e., the full scope of the subject matter of claims 1-14 has been searched and examined in its entirety).
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.
Claims 1, 2 and 4-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2016219490 A.
JP 2016219490 A discloses compounds of the formula 2
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(see page 3), such as the compounds B-1, B-2, B-4, B-7, B-11, B-13, B-17, B-20, B-22, B-25, B-26, C-2, C-4, C-7, C-8, C-13, C-14, C- 17, C-20, C-26, E-1, E-5, E-11, F-2, F-4, F-8, F-10, F-13, F-17, F-23, G-4, and G-7 (see pages 41-50 and 55-62), which anticipate compounds of Formula 2-2 of the instant claims.
Claim Objections
Claims 3 and 14 are objected to for depending on a previous rejected claim.
Conclusion
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/KRISTIN A VAJDA/Primary Examiner, Art Unit 1622