DETAILED ACTION
This office action is in response to applicant’s filing dated May 29, 2026.
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 .
Status of Claims
Claims 1-16 are pending in the instant application. Acknowledgement is made of Applicant's remarks filed May 29, 2026.
Election/Restrictions
Applicant’s election without traverse of Group I, drawn to a compound of formula (I) in the reply filed on May 29, 2026 is acknowledged.
Claims 8, 9, and 12-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on May 29, 2026.
Applicant’s election without traverse of I-002:
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as the elected Compound of Formula (I) species in the reply filed on May 29, 2026 is acknowledged.
Claims 1-7, 10, and 11 are presently under examination as they relate to the elected species:
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The elected species is found to be free of prior art. Thus, examination has been expanded to encompass the full scope of formula (I).
Priority
The present application is a 371 of PCT/EP2022/073202 filed on August 19, 2022, which claims benefit of foreign priority to EP 21193101.9 filed on August 25, 2021.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on February 22, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner, except where marked with a strikethrough.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claims 1, 10, and 11 are objected to because of the following informalities:
The variables of formula (I) are offset making some bonds difficult to see.
Claim 1 contains a “;” semicolon after C3-C4cycloaklysulfonyl in R21. The other variables contain “,” after each. The “;” should be amended to a “,” for consistency.
Claim 10 and claim 11 recite the term “Claim.” This term should not be capitalized.
Appropriate correction is required.
Claims 2 and 3 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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.
Claims 1, 5-7, 10, and 11 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation “the phenyl” in the definitions of R21. There is insufficient antecedent basis for this limitation in the claim. The examiner notes that R21 lists phenylsulfonyl and Q1 is a phenyl group. It is not clear if “the phenyl” is meant to be directed to the phenyl of phenylsulfonyl or Q1 or another variable altogether.
Claim 1 recites:
R21 is halogen, -CN, -SF5, C1-C3haloalkyl, C1-C3haloalkoxy, C1- C3haloalkylthio, C1-C3haloalkylsulfinyl, C1-C3haloalkylsulfonyl, C1- C3alkylthio, C1-C3alkylsulfinyl, C1-C3alkylsulfonyl, C3-C4cycloalkylthio, C3-C4cycloalkylsulfinyl, C3-C4cycloalkylsulfonyl; or phenylsulfonyl, wherein the phenyl is optionally substituted with one to two substituent(s) selected from the group of halogen, -CN, methyl, trifluoromethyl and trifluoromethoxy; or cyclopropyl wherein the cyclopropyl is optionally substituted with one to two substituent(s) selected from the group of halogen, -CN, methyl and trifluoromethyl;
It is unclear if cyclopropyl is part of the list of optional substituents of the phenyl. Moreover, in view of the elected compound, it is unclear if the cyclopropyl is part of the list ending with phenylsulfonyl. In the interest of compact prosecution and for the purposes of applying art, the cyclopropyl is construed as part of the list of potential substituents ending with phenylsulfonyl.
Claims 5-7, 10, and 11, which depend from claim 1, do not clarify the ambiguity of claim 1. Thus, the rejection also applies to claims 5-7, 10, and 11.
Conclusion
Claims 1, 5-7, 10, and 11 are rejected.
Claims 1-3, 10, and 11 are objected.
Claim 4 is free of the prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYNA B RODRIGUEZ whose telephone number is (571)272-7088. The examiner can normally be reached 8am-5:00pm, Monday - Thursday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy L 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.
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/Rayna Rodriguez/ Primary Examiner, Art Unit 1628
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