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 .
Current Status of 18/692,114
This Office Action is responsive to the amended claims of 9/11/2024.
Claim 9 has been examined on the merits.
Priority
This Application is a national stage entry of PCT/CN2022/119825 and also claims foreign priority to CN202111108417.6. There is also a continuation, which is now a US patent 12151999.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
A review of the file wrapper indicates a foreign language priority document. However, since it is not in English, a judgement cannot be made as to whether it supports the instant claims, which is required to perfect foreign priority. The conditions of 35 U.S.C. § 119(a)-(d) or (f) are not met.
Therefore, the effective filing date for the instant claims is the international filing date of 9/20/2022.
Information Disclosure Statement
The information disclosure statements (IDS), submitted on 9/11/2024 and 10/08/2024, and 02/03/2026, 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
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.
Claim(s) 9 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by ACS (American Chemical Society, Chemical Abstract Service, RN: 1204290-89-0, First made available to the public January 29, 2010).
ACS anticipates compound I-13-2, shown below.
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617
786
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.
Claim(s) 9 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by LAWRENCE (WO 2010005534 A2).
LAWRENCE anticipates a compound with a CAS# of 1204290-89-0 (page 109; Compound 5.2.30).
LAWRENCE anticipates pharmaceutically acceptable salts of formula I (page 3), which Compound 5.2.30 is a compound of Formula I. LAWRENCE anticipates stereoisomers of formula I (page 19). This anticipates claim 9.
Conclusion
Claim 9 is rejected.
US patent 12151999 is not a statutory double patent because reference claims have a proviso that does not allow for the instant compound.
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/G.A.H./ Examiner, Art Unit 1625 /Andrew D Kosar/Supervisory Patent Examiner, Art Unit 1625