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 .
According to paper filed on Sep. 28, 2026, the applicants have amended claims 14-17.
Claims 1-18 are pending in the application.
Response to Arguments
Applicants’ arguments filed Sep. 28, 2026 have been fully considered but they are not persuasive regarding ODP and provisional ODP rejections. The applicants have amended claims to overcome indefinite rejections. The applicants have filed a statement of joint ownership to overcome prior art and obvious rejections. Regarding ODP rejection, the applicants argue on pages 15-16 that a single species disclosed in the cited patent (compound 82 in column 193) does not necessitate ODP rejection. The examiner does not agree with these arguments. This species anticipates the instant claims when variable R5 represents cyclopropyl group. Also, it would have been obvious to prepare instant compound 79 (see col. 191) where variable R5 represents CN with reasonable expectation of success. Regarding provisional ODP rejection, the applicants neither amended claims nor filed a terminal disclaimer.
Conclusion
The ODP rejection of claims 1, 6, 7, 9 and 10 over claims 1, 2 and 16-17 of U.S. Patent 12, 162,848 is maintained.
The provisional ODP rejection of claims 1-18 over claims 1-16 of application 18/389,891 is maintained.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARANJIT AULAKH whose telephone number is (571)272-0678. The examiner can normally be reached Monday-Friday 7:00-3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton A Brooks can be reached at 571-270-7682. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARANJIT AULAKH/ Primary Examiner, Art Unit 1621
