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 1-18 are presented for examination.
Applicants’ drawings and preliminary amendment filed December 12, 2023 have been received and entered.
Applicants’ information disclosure statements filed December 12, 2023 and August 13, 2024 have received and entered.
Applicants’ election filed May 13, 2026 in response to the restriction requirement of March 13, 2026 has been received and entered. The applicants elected the invention described in claims 1-16 (Group I) with traverse. Applicants’ traverse is noted, but is not deemed persuasive for reasons set forth in the previous Office action dated March 13, 2026; therefore, the restriction requirement is hereby made Final.
Claims 17 and 18 are withdrawn from consideration as being drawn to the non-elected invention (37 CFR 1.142(b)).
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by WO 2009/112275 A1, hereby known as Murata et al., WO 2017/050922 A1, hereby known as Cassayre et al., WO 2018/009751 A1, hereby known as Speake, and EP 1731512 A1, hereby known as Mita et al. (All four references listed on PTO-1449).
Murata et al. teach condensed-ring aryl compounds (see page 2, formula (I)) with the same structural formula as the present application.
Cassayre et al. teach isooxazoline-substituted benzamides and analogues of formula (I) (see the abstract).
Speake teaches compounds of formula (I), see page 2, lines 3-22).
Mita et al. teach isooxazoline-substituted benzamide compounds of formula (1) (see the abstract).
Note all four references’ compound formulas anticipate applicants’ instant invention; therefore, applicants’ instant invention is unpatentable.
Claims 1-16 are not allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN E WEDDINGTON whose telephone number is (571)272-0587. The examiner can normally be reached M-F 1:30-10:00.
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, Jeff Lundgren can be reached at 571-272-5541. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KEVIN E. WEDDINGTON
Primary Examiner
Art Unit 1629
/KEVIN E WEDDINGTON/Primary Examiner, Art Unit 1629