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 . Claims 1, 3, 5, 7, 11, 13, 18-19, 22-23, 26, 28, 30-31, 33-34, 36-37, 39 and 43 are pending in this application.
Claim Rejections - 35 USC § 112
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 3, 5, 11, 13, 18-19, 22-23, 26, 28, 30-31, 33-34, 36-37, 39 and 43 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention:
a. Claim 1 and claims dependent thereon are rejected because the term “halo” in definition of variables R4 and R5 is not clear. Applicants have amended claim 1 and inserted “halo” to the definition of variables R4 and R5 that are already recites “halogen”.
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Since “halo” is an abbreviated form of “halogen”, it is unclear why applicants amended claim 1 and inserted “halo”. Is this a typographical error? If so, applicants have to delete “halo” from claim 1.
b. Claims 36 and 37 are rejected because some compounds are not drawn properly. The ring nitrogen that is attached to hydrogen (i.e. NH) is overlapping with the methylene moiety (-CH2-). See some examples below.
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In order to overcome this rejection, applicants have to redraw the defective compounds and separate the H that is attached to the ring N from -CH2-.
Note that some compounds are drawn properly and not overlap with each other. See the following examples.
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Information Disclosure Statement
4. Applicant’s Information Disclosure Statement, filed on 05/24/2024 has been acknowledged. Please refer to Applicant’s copies of the 1449 submitted herewith.
Objection
5. Claim 7 is 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.
Specification
6. The abstract of the disclosure is objected to because the abstract submitted with the case on 010/31/2023 is part of WIPO document with irrelevant information such as publication date, inventor name, etc. It is recommended that applicants submit an abstract in a separate sheet of paper.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kahsay Habte Ph.D. whose telephone number is (571)272-0667. The examiner can normally be reached on 8:30 - 5:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JEFFREY MURRAY can be reached on 571-272-9023. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Kahsay Habte/
Primary Examiner, Art Unit 1624