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 .
Response to Amendments
Applicant’s amendments to the claims of June 9, 2026, in response to the Office Action of March 10, 2026 are acknowledged.
Response to Arguments
Applicant’s amendments to the claims render the rejections of record moot. As such, prior art is applied below as necessitated by the amendments to the claims.
Status of the Claims
Claims 1, 20, 22, 24, 37-40, 43, 46, and 48-56 are pending and examined.
Allowable Subject Matter
Claims 20, 22, 24, 37-40, 43, 46, 50, 51, and 53-56 are allowed.
Claim Rejections - 35 USC § 112
Claim 52 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 1 does not provide for R1 to be a 4 or 5 membered heterocycle. Rather, Applicant argues that thiophene along with other heterocycles are excluded. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim 52 depends from claim 1 and includes multiple 5 membered heterocycles in the position of R1. These are therefore not further limiting. In examples, R1 includes the following 5-membered heterocycle.
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.
As such, claim 52 is not further limiting of claim 1.
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 1, 48, and 49 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CAS STN RN 1014250-37-3 (2008) (shown below).
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This is a compound of formula (II), wherein R5 is hydrogen; R1 is phenyl.
As such, claims 1, 48, and 49 are anticipated by the prior art.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by CAS STN RN 1795027-54-1 (2015) (shown below).
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As such, claim 1 is anticipated by the prior art.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JARED D. BARSKY whose telephone number is (571)-272-2795. The examiner can normally be reached on Monday through Friday from 8:30 to 5:30. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Amy L. Clark can be reached on 571-272-1310. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JARED BARSKY/Primary Examiner, Art Unit 1628
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