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
1. Original claims 1-7 filed 3/5/24 are present in this application.
2. Applicant’s election of Group II (claims 2 & 3) without traverse in the reply filed on 4/2/26 is acknowledged.
In response to the election of species requirement, the applicant elects the species wherein R2 is -NH(CH2)mCH3 wherein m denotes an integer from 7 to 14, without traverse.
Claims 2 & 3 are drawn to as follows:
Claim 2. Compounds, or pharmaceutically acceptable salts thereof, or solvates thereof represented by general formula (2) below:
[Chemical formula 4]
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1055
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where, in the general formula (2) above, R2 is a substituent represented by structural formula (A) below, a substituent represented by structural formula (B) below, or -NH(CH2)m CH3, and the m denotes an integer from 7 to 14.
[Chemical formula 5] Structural formula (A)
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442
1088
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where, in the structural formula (A) above or the structural formula (B) below, "*" denotes a dangling bond.
Chemical Formula 6.
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Claim 3. A compound-containing composition containing the compounds, or pharmaceutically acceptable salts thereof, or solvates thereof according to Claim 2.
3. Claims withdrawn:
Claims 1 & 4-7 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
4. Priority
Receipt is acknowledged of papers (foreign priority filed 9/6/21) submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
5. Drawings
The drawings filed on 3/5/24 are acknowledged.
6. IDS(s) filed 3/5/24, 9/5/25, 11/19/25 & 2/4/26 are acknowledged. Signed copies of the IDS(s) are provided with this Office Action.
7. Specification
The 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.
8. Claim Rejections - 35 USC § 112 (second paragraph)
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 2-3 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.
Claims 2 recites – “Compounds, or pharmaceutically acceptable salts thereof, or solvates thereof represented by general formula….”. The claim is unclear as there is single combination of compounds that is elected – Hence the claim must recite: A compound, or pharmaceutically acceptable salt thereof, or solvate thereof represented by general formula…”. Further it is not clear if the compound is chemically synthesized or by the action of an enzyme. Clarification is required.
Claim 3 also must be rewritten as follows:
Claim 3. The compound-containing composition containing the compound, or pharmaceutically acceptable salt thereof, or solvate thereof according to Claim 2.
9. Rodriguez Rivera J. Ame. Chem. Soc. (2017), Vol. 139, pp 3488-3495 is the closest prior art known (cited in the IDS) – discloses (Fig. 2) compositions comprising 4-azido-trehalose and trehalose substituted with fluorescein at position 4, which are suitable as a protective agent, a surfactant composition, a composition for blood glucose level control, an autophagy inducer, a mycobacterium stain, or a protein extractant. However, the reference does not teach the general formula (2) above, wherein R2 is a substituent represented by structural formula (A) or a substituent represented by structural formula (B) below, or -NH(CH2)m CH3, and the m denotes an integer from 7 to 14. These remote substitutions are neither taught or are made obvious with any other reference.
10. No claim is allowed.
11. US 20250002954 A1 is the published application of the current application.
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TEKCHAND SAIDHA whose telephone number is (571)272-0940. The examiner can normally be reached on M-F 8.00-5.30. 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, Robert B Mondesi can be reached on 408 918 7584. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TEKCHAND SAIDHA/
Primary Examiner, Art Unit 1652
Recombinant Enzymes, Hoteling
Telephone: (571) 272-0940
Fax: (571) 273-0940
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