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 .
Election/Restrictions
Applicant’s election without traverse of group I in the reply filed on 2026 April 30 is acknowledged. A search has been conducted against the entirety of claim 1 due to no prior art against the elected species. Claims 1, 4, 6, 9, 12, 13, 17, 19, 23, 25, 28, 35, 43, 46, 51, 60-62, and 67 are examined on the merits.
Claims 64 and 66 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2026 April 30.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 2023 December 6, 2025 December 18, and 2026 April 29 were submitted in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 60 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. The compounds of tables 1, 2, and 3 of the specification should be recited within the claim. See MPEP 2173.05(s). Due the specification being amendable, the scope of the compounds of in these tables defines the metes and bounds of the claim.
Conclusion
Claims 1, 4, 6, 9, 12, 13, 17, 19, 23, 25, 28, 35, 43, 46, 51, 61, 62, and 67 are allowed. Claim 60 is not allowable.
The following is a statement of reasons for the indication of allowable subject matter: BARSANTI (WO 2022/118210, published 2022 June 9, cited in IDS) describes compound 1 (page 47), which does not anticipate or render obvious a compound of claim 1 because an alkyl group of R3 cannot be substituted by a pyran ring.
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/NOBLE E JARRELL/Primary Examiner, Art Unit 1699
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