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 .
DETAILED ACTION
Claims 1-12 are pending in the instant application.
Election/Restrictions
Applicant’s election with traverse of Group II,
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in the reply filed on May 7, 2026 is acknowledged. The traversal is on the ground(s) that Applicant reserves the right to file a continuing application on the non-elected inventions.
In response, a divisional application(s) {not a continuing application(s)} could be filed on the non-elected inventions if the non-elected inventions are not rejoined during prosecution in the instant application.
The requirement is still deemed proper and is therefore made FINAL.
Claims 1-7 and 9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected inventions, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on May 7, 2026.
Information Disclosure Statement
The Examiner has considered the Information Disclosure Statement filed on July 18, 2024. The submission is in compliance with the provisions of
37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 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 8 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Biswas et al. {IN 2018/11006881 A}.
Biswas et al. disclose the compound of formula (III) in Scheme-VI on pages 12 and 15,
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which compound of formula (III) in Biswas et al. is a compound of instant formula (IV) claimed in instant claim 8. Therefore, Biswas et al. anticipate the instant claimed invention.
Claim 10 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Guo et al. {WO 2020/051796 A1}. A machine generated English translation of Guo et al. has been provided with this Office Action and will be referred to hereinafter.
Guo et al. disclose compounds which are embraced by instant formula (II) in instant claim 10. See, for example, the first two compounds in Example 9 of Guo et al. in paragraphs [0279]-[0283] on page 19/25 of the provided English translation {or page 24 in the original WO document},
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{a compound of instant formula (II) in claim 10,
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wherein R1 represents alkyl (i.e., t-butyl) or hydrogen, respectively}.
Therefore, Guo et al. anticipate the instant claimed invention.
Reminder to Applicant
As a reminder, Applicant should specifically point out the support in the original disclosure {i.e., page number(s) and line number(s)} for any new claims or amended claims and for any amendments made to the disclosure. Making generic statements such as “all amendments are fully supported in the originally filed disclosure or the originally filed claims” without specifying page numbers and originally filed claim numbers are insufficient. See MPEP §714.02 and MPEP §2163.06(I).
Allowable Subject Matter
Claims 11 and 12 are allowed over the prior art of record.
The following is a statement of reasons for the indication of allowable subject matter. Claims 11 and 12 are directed to compounds. Biswas et al. {IN 2018/11006881 A} and Guo et al. {WO 2020/051796 A1} are the closest prior art of record. However, Biswas et al. nor Guo et al. teach or suggest the compounds claimed in instant claims 11 or 12. Therefore, claims 11 and 12 are allowed.
Telephone Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to:
Laura L. Stockton
(571) 272-0710.
The examiner can normally be reached on Monday-Friday from 8:30 am to 6 pm, Eastern Standard Time.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s acting supervisor,
James Alstrum-Acevedo can be reached on 571/272-5548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LAURA L STOCKTON/ Primary Examiner, Art Unit 1626 Work Group 1620
Technology Center 1600
June 12, 2026
Book XXIX, page 3
Prosecution Insights