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 .
Claim Objections
Claim 10 is objected to because of the following informalities: Repeats of claim language “the naphthalene ring-containing compound of formula III”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 2-8 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.
Regarding claim 2, the embodiments of R1-R3 and X1-X6 renders the claim indefinite because it is unclear the limitations of R1-R3 and X1-X6. Although being dependent from claim 1, the R1-R3 and X1-X6 are of formula II and formula I, thus it is not clear if the same limitations of formula III of claim 1 is embodied in formulas I and II.
Claims 3-8 are rendered equally as indefinite as depending from claim 2 without further limiting R1-R3 and X1-X6.
Allowable Subject Matter
Claims 1 and 9-20 are allowed. Closest prior art is of Qian et al. (WO 2018140809 A1), which teaches compound
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to treat of estrogen-dependent disease, in particular breast cancer. The teachings of Qian differ from claimed invention of the embodiments of R4 and the core ring being a benzothiophene ring instead of claimed inventions naphthalene ring.
Conclusion
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MIKHAIL O'DONNEL. ROBINSON
Examiner
Art Unit 1627
/MIKHAIL O'DONNEL ROBINSON/Examiner, Art Unit 1627
/SARAH PIHONAK/Primary Examiner, Art Unit 1627
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