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
Priority and Status of the Claims
1. This application is a 371 PCT/CN2022/081361 03/17/2022, which claims benefit of the provisional application: 63265004 12/06/2021, and 63162125 03/17/2021.
2. Amendment of claims 2, 5, 8-11, 15-16 and 18, cancelation of claims 1, 3-4, 6-7, and 12-13, and addition of claims 21-28 in the amendment filed on 4/10/2026 is acknowledged. Claims 2, 5, 8-11 and 14-28 are pending in the application. No new matter has been found. Since the newly added claims 21-28 are commensurate within the scope of invention, claims 2, 5, 8-11 and 14-28 are prosecuted in the case.
Responses to Amendments/Arguments
3. Since claim 1 has been canceled, therefore the rejection of claim 1 under 35 U.S.C. 102 (a)(1) has been obviated herein.
4. Since Oslob et al. ‘464 and ‘491, and Hu et al. ‘415 independently do not disclose the instant compounds of formula (II), therefore they are distinct from the instant invention. The rejection of claims 5, 9 and 15-20 under 35 U.S.C. 103(a) has been overcome in the amendment filed on 4/10/2026. Since claims 1, 4 and 6 have been canceled, therefore the rejection of claims 1, 4 and 6 under 35 U.S.C. 103(a) has been
Obviated herein.
5. Since claim 1 has been canceled, therefore the rejection of claim 1 under the obviousness-type double patenting has been obviated herein. However, the compounds of formula (I) of Zhang et al. ‘704 still render obviousness-type double patenting over the instant compounds of formula (II) in claim 2. Therefore applicants are requested to file a terminal disclaimer over Zhang et al. ‘704 to the Office.
Claim Rejections - 35 USC § 112
6. 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.
Claims 2, 5, 8-11 and 14-20 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 pre-AIA the applicant regards as the invention.
Claim 2 and 11 recites variable R4 and R5 without definition is indefinite and ambiguous. It is unclear what the scope or definition of variable R4 and R5 are. Incorporation of the definition of variable R4 and R5 would obviate the rejection.
Claim 14 recites a number of compounds, e.g.
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, see line 1 on page 7. There is insufficient antecedent basis for this limitation in the claim. It is noted that variable R4 and R5 together with the C atom to which they are bound a 5-6 membered heterocyclyl only.
Claim Objections
7. Claims 21-28 are objected to as being dependent on rejected claim 2.
8. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REI TSANG SHIAO whose telephone number is (571)272-0707. The examiner can normally be reached on 8:30 am-5:00 pm.
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/REI TSANG SHIAO/
Rei-tsang Shiao, Ph.D.Primary Examiner, Art Unit 1691
May 18, 2026
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