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 1-6 and 9-31 are currently pending in the instant application. Applicants have amended claims 3-6, 11-15 and 20-30 and canceled claims 7-8 and 32 in an amendment filed on December 19, 2023. Claims 9-10, 12-20 and 22-31 are rejected, claims and 21 are objected and claims 1-6 are considered allowable in this Office Action.
I. Priority
The instant application is a CON of PCT/EP2022/067126, filed on June 23, 2022 and claims benefit of Foreign Application INDIA 2021410280, filed on June 23, 2021.
II. Information Disclosure Statement
The information disclosure statements (IDS) submitted on May 1, 2024 and December 10, 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
III. Rejections
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.
Claims 9-10 and 12-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harrison, et al. (WO 2020/157069 A1). The instant invention claims
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117
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225
606
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The Harrison, et al. reference teaches the following reaction
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767
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wherein X is -OPh (see example 5, page 185).. This species of compound anticipates the genus compound of the instant claimed process, wherein the genus structure and its definitions are stated above.
Claims 16-20 and 22-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Veits, et al. (WO 2019/191112 A1). The instant invention claims
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113
774
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175
649
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The Veits, et al. reference teaches the following reaction
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773
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wherein R2 is -benzyl and R3 is OMs (see example 46, page 377). This species of compound anticipates the genus compound of the instant invention, wherein the genus structure and its definitions are stated above.
Claims 16-20 and 22-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gharbaoui, et al. (US 20060154940 A1). The instant invention claims
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113
774
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The Gharbaoui, et al. reference teaches the following reaction
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269
434
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wherein R2 is -O-isopropyl (see example 3, page 17). This species of compound anticipates the genus compound of the instant invention, wherein the genus structure and its definitions are stated above.
Claim 31 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cooper, et al. (WO 2019/008025 A1). The instant invention claims
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The Cooper, et al. reference teaches the following reaction
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which has the compound
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(see example 192, page 319). This compound is the same compound found in claim 31 and therefore anticipates the instant claimed compound.
Claim 31 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Registry No. 95798-23-5. The instant invention claims
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751
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The Registry No. 95798-23-5 reference teaches the compound
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wherein R2 is -C(O)O-benzyl. This species compound reads on the genus compound found in claim 31 and therefore anticipates the instant claimed compounds.
IV. Objections
Dependent Claim Objections
Dependent Claims 11 and 21 are objected to as being dependent upon a rejected based claim. To overcome this objection, Applicant should rewrite said claims in an independent form and include the limitations of the base claim and any intervening claim.
V. Conclusion
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 7:00 AM-3:30PM.
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