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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/15/2025 has been entered.
Response to Amendment
Claims 1-10 are pending.
The previous rejection of claims 1-4, 6, and 8 under 35 U.S.C. 102(a)(1) as being anticipated by Hayakawa et al. (JP2009203203) is maintained in view of applicant’s amendment.
Terminal Disclaimer
The terminal disclaimer filed on 11/13/2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent 11,950,496 has been reviewed and is accepted. The terminal disclaimer has been recorded.
The previous rejection of claims 1-10 on the ground of non-statutory double patenting as being unpatentable over claims 1-6 and 9-11 of U.S. Patent No. 11,950,496 is maintained in view of the Terminal Disclaimer.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-4, 6, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (KR20130129543).
Lee discloses the following compounds that read on the claimed compound of formula (1).
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Double Patenting
Claims 1-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 9-12, of U.S. Patent No. 11,139,446. Although the claims at issue are not identical, they are not patentably distinct from each other because U.S. Patent No. 11,139,446 contains the claimed compound of formula (1) (compounds of A28-A-34).
Claims 1-4, 6, 8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 7 of U.S. Patent No. 11,566,033. Although the claims at issue are not identical, they are not patentably distinct from each other because U.S. Patent No. 11,566,033 contains the claimed compound of formula (1) (compounds of A1-A3, A5-A14, A17, A18, A20-A25, A27, A30-32, A34-A-38, A40-A46).
Response to Arguments
Applicant's arguments filed 11/13/2025 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAIDUNG D NGUYEN whose telephone number is (571)270-5455. The examiner can normally be reached M-Th: 10a-3p.
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/HAIDUNG D NGUYEN/Primary Examiner, Art Unit 1761
1/10/2025
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