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 Claims
1. This application is a 371 of PCT/US2022/075708 08/30/2022, which claims benefit of the provisional application: 63325171 03/30/2022, and 63238430 08/30/2021.
2. Amendment of claims 1,5, 77 and 87-88, cancelation of claims 7, 13, 20, 22, 28, 35, 43, 47, 49, 52, 57, 60, 64, 68-70, 75, 80, 82, and 94-95, and addition of claims 101-112 in the amendment filed on 7/28/2026 is acknowledged. Claims 1, 5, 71, 77, 87-88 and 101-112 are pending in the application. No new matter has been found. Since the newly added claims 101-112 are commensurate within the scope of invention, claims
1, 5, 71, 77, 87-88 and 101-112 are prosecuted in the case.
Responses to Amendments/Arguments
3. The rejection of claims 87-88 under 35 U.S.C. 112 (a) has been overcome in the amendment filed on 7/28/2026. Since claims 94-95 have been canceled, therefore the rejection of claim 94-95 under 35 U.S.C. 112 (a) has been obviated herein.
4. Since claims 43, 70, 75, 77, 80, 82 and 94-95 have been canceled, therefore the rejection of claim 43, 70, 75, 77, 80, 82 and 94-95 under 35 U.S.C. 112 (b) has been obviated herein.
5. Since Kesicki et al. ‘730 does not disclose the instant compounds of formula (I), therefore it is distinct from the instant invention. The rejection of claim 1 under 35 U.S.C. 102 (a)(1) has been overcome in the amendment filed on 7/28/2026.
6. Since Kesicki et al. ‘730 does not disclose the instant compounds of formula (I), therefore it is distinct from the instant invention. The rejection of claim 1, 5, 71 and 87-88 under 35 U.S.C. 103 (a) has been overcome in the amendment filed on 7/28/2026.
Since claims 7, 13, 20, 22, 28, 35, 43, 47, 49, 52, 57, 60, 64, 68-69, 71 and 95 have
been canceled, therefore the rejection of claims 7, 13, 20, 22, 28, 35, 43, 47, 49, 52, 57,
60, 64, 68-69, 71 and 95 under 35 U.S.C. 103 (a) has been obviated herein.
7. Since a terminal disclaimer against Reynolds et al. ‘827 has not been filed to the
Office, therefore the rejection of claim 1 under the obviousness-type double patenting
over Reynolds et al. ‘827 is maintained. Applicant are requested to file a terminal
disclaimer to overcome the rejection.
8. Claims 101-112 are neither anticipated nor rendered obvious over the record, and
therefore are allowable.
Claim Objections
9. Claim 5, 71, 77 and 87-88 are objected to as being dependent on rejected claim 1.
10. THIS ACTION IS MADE FINAL. Applicants are reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for replying to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REI TSANG SHIAO whose telephone number is (571)272-0707. The examiner can normally be reached on 8:30 am-5:00 pm.
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/REI TSANG SHIAO/
Rei-tsang Shiao, Ph.D.Primary Examiner, Art Unit 1691
September 21, 2026
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