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 1-10 are currently pending in the instant application. Applicants have amended claims 1, 7 and 8 and added new claim 10 in an amendment filed on June 9, 2026. Claim 8 is rejected and claims 1-7 and 9-10 are considered allowable in this Office Action.
I. Response to Arguments/Remarks
Applicants’ amendment, filed on June 9, 2026, has overcome the rejection of claim 1 under 35 USC 112(b) as being incomplete for omitting essential steps and not showing the final product being obtained; the rejection of claim 8 under 35 USC 112(b) as being incomplete for omitting essential steps and not showing the final product being obtained; the rejection of claim 7 under 35 USC 112(b) as being indefinite for containing a limitation that contains the term “preferably”; the rejection of claim 8 under 35 USC 112 (b) as being indefinite for lacking antecedent basis for the limitation “an intermediate of formula (VI)”; the objection of claim 2 for having the structure being labeled with Formula (IV) instead of formula (VI) as mentioned in the preamble of the claim. The above rejections and objection have been withdrawn.
II. Rejection(s)
Claim Rejections - 35 USC § 112
The following is a quotation of the second paragraph of 35 U.S.C. 112:
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.
Claim 8 is 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 8 recites the limitation "to obtain ipconazole of formula I" which is dependent on claim 2 but there is no mention of a structure of “formula I” in claim 2 or earlier in claim 8. It is unclear what Applicants are referring to with the limitation “to obtain ipconazole of formula (I)” when the structure is not present. There is insufficient antecedent basis for this limitation in the claim. Applicants are suggested to amend claim 8 to incorporate the structure of formula (I) into the claim so that it is clear what structure is being referred to and the limitation has antecedent basis.
III. Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shawquia Jackson whose telephone number is (571)272-9043. The examiner can normally be reached on M-F 7AM-4PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Adam Milligan can be reached on (571) 270-7674. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAWQUIA JACKSON/Primary Examiner, Art Unit 1626
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