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/JP2022/023319 06/09/2022, which claims benefit of the foreign applications: JAPAN JP2021-096839 06/09/2021.
2. Claims 1-13, 15-16, 18-19 and 21-23 are pending in the application.
Claim Rejections - 35 USC § 112
3. 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 1-13, 15-16, 18-19 and 21-23 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 1, 4 and 6 independently recites a compound of formula (I) or (III) having a variable R1, wherein R1 when present, is the same or different monovalent substituted present on a benzene ring, i.e., see line 9 in claim 1. It is unclear what the variable R1 is. Clarification is required.
4. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Rejections - 35 USC § 102
5. 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.
Claim 1 is rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Beechem et al. CAS: 143: 22621, 2005.
Applicants claim a compound of formula (I),
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222
452
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, wherein ring A is -OH, S is a linker, T is
-P(=O)(OH)2 or -O-P(=O)(OH)2, see claim 1.
Beechem et al. ‘621 discloses four compounds, see RN: 852714-04-6, 852714-31-9, 852714-33-1 and 852714-52-4. They clearly anticipate the instant compounds of formula (I), wherein ring A is -OH, S is a linker, T is -P(=O)(OH)2 or -OP(=O)(OH)2.
Conclusion
Any inquiry concerning this communication or earlier communications from the
examiner should be directed to REI TSANG SHIAO whose telephone number is
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/REI TSANG SHIAO/
Rei-tsang Shiao, Ph.D.Primary Examiner, Art Unit 1691
January 31, 2026