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 .
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.
Current Status of 18/381,943
This Office Action is in response to the amended claims of 02/24/2026.
Claims 1-2 currently amended; claims 17,38-40, and 42 are original; and claims 3-16, 18-37, 41 and 43 are previously presented.
Claims 1-43 are examined in this office action.
Examiner has withdrawn claim objections on record.
Examiner is maintaining 112 rejection over claims 21 and 23.
Examiner have withdrawn 112 rejections over claims 3-4,7,14,19-20, 24-28 and 30-34.
Priority
The effective filing date is 10/21/2022
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/18/2025, 11/20/2025 and 02/24/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Argument
Examiner acknowledges the receipt of applicant’s claim amendment and remarks of 02/24/2026. Examiner have reviewed these remarks and amendments.
Regarding claim objection, applicant amended claim 40 by deleting the parentheticals.
Regarding 112 rejections, applicant amended claims 1 and 2 by adding the limitation “wherein each hydrogen atom is optionally replaced by deuterium”, rendering moot 112 rejections. Therefore 112 rejection is withdrawn.
Regarding 112 rejections over claim 21, applicant did amend the claims to over come the rejection. Therefore 112 rejection over claim 21 is maintained.
Regarding 112 rejections over claim 23, applicant did amend the claims to overcome the rejection. Therefore 112 rejection over claim 23is maintained.
Claim Rejections - 35 USC § 112 (maintained for claim 21 and 23)
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 21 and 23 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.
Claim 21 recites the limitation of formula I in the claim. There is insufficient antecedent basis for formula I in claim 1. Claim 1 does not contain the limitation “formula I”. As drafted, “formula I” in claim 21 renders the metes and bounds of claim 21 undefined. Hence renders claim 21 indefinite, since artisan does not know where “formula I” is in claim 1.
Claim 1 does contain -- formula Ia -- . Revising claim 21 to cite -- … wherein the compound of formula Ia is a compound of formula II -- will render moot this rejection. For comparison, see claim 22, which contains proper antecedent basis.
Claim 23 recites the limitation formula III in the claim. There is insufficient antecedent basis for formula III in claim 23. Claim 23 does not contain the limitation “formula III”. As drafted, “formula III” in claim 23 renders the metes and bounds of claim 23 undefined. Hence renders claim 23 indefinite, since artisan does not know where “formula III” is in claim 23.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 21 and 23 rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Dependent claim 21, refers to “formula I” and fails to properly further limit base claim 1, since claim 1 has no limitations drawn to formula I. Thus claim 21 is rejected under 35 U.S.C. 112(d)
Revising claim 21 to cite -- … wherein the compound of formula Ia is a compound of formula II -- will render moot this rejection. For comparison, see claim 22, which further limits claim 1 properly.
Dependent claim 23, refers to “formula III” and fails to properly further limit base claim 22, since claim 22 has no limitations drawn to formula III Thus claim 23 is rejected under 35 U.S.C. 112(d)
Revising claim 23 to cite -- … wherein the compound of formula V is a compound of formula Va -- will render moot this rejection. For comparison, see claim 22, which further limits claim 1 properly.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
Conclusion
Claims 21 and 23 are rejected.
Claims 1-20, 22, and 24-43 are allowable as written.
Close art of Darius et.al (US-20240376124-A1) discloses compound
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223
245
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(page 48, paragraph [0601]) where the circled area is not present in compound of formula Ia or formula I of instant claim 1 or 2. Artisan skilled in the art would not be able to envision any obvious modification or rationale to make these changes in structure. Moreover, publication date of Darius is November 14th 2024 which is after the prior date of the instant claims. Therefore, Darius et.al. is a close art not a prior art.
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 Rehana Ismail whose telephone number is (703)756-4776. The examiner can normally be reached Monday-Friday 9:00am-5:00pm.
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/R.I./Examiner, Art Unit 1625
/JOHN S KENYON/Primary Patent Examiner, Art Unit 1625