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 (i.e., claims 1-2, 4-6, 8-17 and 19-20) in the reply filed on 4/24/2026 is acknowledged.
Applicants amended of claims 2, 4-6, 8-15, 20-22, 25 and 27 is acknowledged. Applicant’s cancellation of claims 3, 7, 18, 23, 24, and 26 is acknowledged.
There are no new claims.
Furthermore, applicant’s election of the following species “14-2” for Group I
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without traverse is acknowledged.
Since, the applicant elected group I (i.e., claims 1-2, 4-6, 8-17 and 19-20), therefore, based on that election, claims 21, 22, 25, and 27 are withdrawn as being drawn to a non-elected group.
Claims 1-2, 4-6, 8-17, and 19-20 are under consideration in this office action and will be examined on the merits.
Status of Claims
Claims 1-2,4-6,8-17,19-22,25 and 27are pending. The preliminary amendment was filed on 12/19/2023, wherein the applicant amended claims 2, 4-6, 8-15, 20-22, 25 and 27, and canceled claims 3, 7, 18, 23, 24, and 26. There are no new claims.
Claims 1-2, 4-6,8 -17 and 19-20 are under consideration in the instant office action.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/19/2023 and 4/15/2024 are 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 § 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)(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.
Claims 1-2, 4-6, 8 -17 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al. (“Computational study of the substituent effect of halogenated fused-ring heteroaromatics on halogen bonding” Journal of Molecular Modeling (2020) 26: 270) herein referred to as Zhang.
Regarding claims 1-2, 4-6, 8 -17 and 19-20, Zhang teaches halogenated fused-ring heteroaromatics similar to the compounds of Formula I.
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748
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Zhang teaches structures of the halogen bond formed by the halogenated 1H-pyrrolo[3,2-b]pyridine derivatives and ammonia (X = Br, I) as depicted on page: 2 (Fig. 1) and below:
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wherein;
R1 in the instant formula I
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is Br;
R2 is CH3 (C1-C2 alkyl);
A in the instant formula I
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is
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;
wherein;
R4 is hydrogen;
R13 is hydrogen; and
R14 is hydrogen.
The scope of Zhang’s compounds overlaps with Formula I of the instant claims.
Based on the foregoing reasons, the instant claims are deemed anticipated over the cited art.
Conclusion
Claims 1-2, 4-6,8 -17 and 19-20 are rejected. No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAHAR INAM whose telephone number is (571)272-0821. The examiner can normally be reached 7:30 am-5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James H Alstrum-Acevedo can be reached at (571) 272-5548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAHAR INAM/
Examiner, Art Unit 1622
/JAMES H ALSTRUM-ACEVEDO/
Supervisory Patent Examiner, Art Unit 1622