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 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.
Election/Restrictions
Applicant’s election of Group I (claims 1-7) in the reply filed on 04/30/2026, is acknowledged. Because Applicant did not distinctly and specifically point out the supposed errors in the election requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 8-13 are withdrawn from further consideration pursuant to 37 CFR
1.142(b) as being drawn to a nonelected inventions of Groups II, there being no
allowable generic or linking claim. Election was made without traverse in the reply filed
on 04/30/2026. e
The elected species is compound 5 of claim 6, as follows:
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207
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The elected species reads on claims 1-4 and 6-7.
The prior art search of the elected species of compound 5 of claim 6 didn’t retrieve prior art.
An extended Markush search retrieved prior art (X is halogen, alkyl, cycloalkyl, -C(CRaRb)0-3-Q-, -QC(O)-, Q-aryl or Q-heteroaryl, wherein Q is O or NRc and Ra, Rb and Rc are any group; R1, R2, R3 and A are any group; L1, L2 and W are a non-hydrogen group). Therefore, the prior art search will not be extended (following Markush search procedure) any further to additional species of Formula (I) of claim 1 for/during this Office Action.
The elected species and extended prior art searches to date read on claims 1-4 and 6-7.
Status of the Claims
Claims 1-13 are pending in the examined application. Claims 5 and 8-13 are withdrawn. Claims 1-4 and 6-7 are currently amended. Claims 1-4 and 6-7 have been examined on the merits.
Priority
10. The effective filing date is 11/15/2022.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/07/2024 and 05/24/2024, is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The words listed below are not considered as part of the title of an invention, these words should not be included at the beginning of the title of the invention and will be deleted when the Office enters the title into the Office’s computer records, and when any patent issues. The term "new" will not be deleted when it is a part of a proper name, such as "New York". Similarly, the term "design" will not be deleted when it is a part of a term, such as "Design-aiding apparatus...".[AltContent: rect]
A
An
The
Improved
Improvement(s) in/for/of
New
Novel
Related to
Design
Design for/of (a)
Ornamental design
Ornamental
MPEP 606.
The title “NOVEL MACROCYCLIC CHALCONE-AMIDE DERIVED ANTIVIRAL AGENTS” is used in the Specification.
The following title is suggested “MACROCYCLIC CHALCONE-AMIDE DERIVED ANTIVIRAL AGENTS”.
Claim Rejections - 35 USC § 102
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(s) 1 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by SHIMMA (US 8,362.236 B2, pub. 01/29/2013). SHIMMA teaches compound 6 (column 171) which meets the limitations of Formula (I) of claim 1 of the examined variables as follows: X is Me; R2 is Me, n is one; A is 3-oxetane; W is -CH2CH2-S-, q1=1, q2=0, R21=R23=H; L1 is substituted pyrimidinyl; L2 is CH2NHC(O)-, m=1, R12=R21=R23=H; and CR1R3 is -CH2-.
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SHIMMA further teaches the formulations are produced by known methods using additives such as excipients (lines 29-30, col 14). Thus, claims 1 and 7 are anticipated by SHIMMA.
Conclusion
Claims 1 and 7 are rejected.
Claims 2-6 and 8-13 are withdrawn.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BIN TAO whose telephone number is (571)272-0398. The examiner can normally be reached Monday-Friday 8-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew Kosar can be reached at 571-272-0913. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/B.T./Examiner, Art Unit 1625 /Andrew D Kosar/Supervisory Patent Examiner, Art Unit 1625
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