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
Status of the Claims
Claims 1-12 are pending and are examined on their merits.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kyulux (US 2020/0136060 A1 published on April 30th 2020).
Claim 1 is directed towards a compound of Formula I:
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.
Kyulux teaches
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205
142
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(Kyulux, pg. 117),
which is anticipatory of claim 1.
Claim 7 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Burton (Burton et al., Preparation of p-substituted tetrafluoropyridyl derivatives via the tetrafluoropyridylcopper reagent, Journal of Fluorine Chemistry, Volume 135, 2012, Pages 144-154).
Claim 7 is directed to a compound of Formula II:
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188
159
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.
Burton teaches
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225
329
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(Burton, pg. 146, compound 10),
anticipating claim 7.
Allowable Subject Matter
Claims 2-6 and 8-12 are free of the prior art.
Claims 11-12 are allowed.
Applicant has developed a series of polyfluorinated cannabinoid derivatives falling into the compound genera of Formulas I, II, and III:
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(I)
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(II)
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194
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.(III).
Compounds of Formula I and II are found in the prior art in Kyulux (US 2020/0136060 A1 published on April 30th 2020) and Burton (Burton et al., Preparation of p-substituted tetrafluoropyridyl derivatives via the tetrafluoropyridylcopper reagent, Journal of Fluorine Chemistry, Volume 135, 2012, Pages 144-154), respectively. Formula III is free of the prior art.
However, the compounds of Kyulux and Burton are relevant in the fields of organic light-emitting diodes and general organic synthesis, respectively, are not of particular relevance to applicant’s cannabinoid compounds, and only incidentally anticipate Formulas I and II. Thus, applicant’s further embodied compounds and further limitations to the R groups are nonobvious.
Claims 2-6 and 8-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anthony Seitz whose telephone number is (703)756-4657. The examiner can normally be reached 7:30 AM ET - 5:00 PM ET M-F.
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/A.J.S./Examiner, Art Unit 1629
/JEFFREY S LUNDGREN/Supervisory Patent Examiner, Art Unit 1629
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