Detailed Action
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 .
Status of the Claims
Claims 1-3, 5-8, 10-13, 15, and 22-29 are pending. Claim 15 is rejected. Claims 23 and 24 are objected to. Claims 1-3, 5-8, 10-13, 22, and 25-29 are allowed.
Priority
This is a 35 U.S.C. 371 National Stage Filing of International Application No.
PNG
media_image1.png
23
205
media_image1.png
Greyscale
, which claims priority under 35 U.S.C. 119(a-d) to
PNG
media_image2.png
40
222
media_image2.png
Greyscale
. Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d).
Information Disclosure Statement
The Information Disclosure Statement (IDS) submitted on 11/8/2023 was considered by the Examiner.
Claim Objections
Claim 23 is objected to because of the following informalities: On the top of p. 5, the step begins with “g.”. Because it follows “c.”, Examiner recommends changing “g.” to “d.”. Appropriate correction is required. Claim 24 is additionally objected to for depending from claim 23 and failing to remedy the deficiency.
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.
Claim 15 is 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.
Claim 15 recites the limitation "one or more of" in lines 4-5. There is insufficient antecedent basis for this limitation in the claim. Claim 15 depends from claim 10, which only refers to one polymorph: “[a] polymorph”. Examiner suggests deleting the phrase “one or more of” from instant claim 15 in lines 4-5.
Closest Prior Art
The instant claims are drawn to polymorphs of the following structure:
PNG
media_image3.png
336
484
media_image3.png
Greyscale
. The closest prior art is CN102762576 (which is disclosed on Applicant’s IDS from 11/8/2023). CN102762576 discloses the following compound 102 on p. 27 (arrow added by Examiner):
PNG
media_image4.png
131
239
media_image4.png
Greyscale
. The prior art compound differs in multiple locations from the instantly claimed compound/polymorph shown supra, including at the location of the added arrow. For example, at the location of the added arrow, the prior art has a heteroaryl ring, whereas the instant claims are drawn to a heterocycyl ring. Therefore, the prior art does not provide motivation for, nor render obvious the instant claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEGHAN C HEASLEY whose telephone number is (571)270-0785. The examiner can normally be reached Monday - Friday 8:30-4:30 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, Amy Clark can be reached at 571-272-1310. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MEGHAN C HEASLEY/Examiner, Art Unit 1626