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
RESPONSE TO ELECTION/RESTRICTION
Applicant's election with traverse of group I, drawn to compounds of the formula II and simple compositions thereof and elected species:
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in the reply filed on 7/15/2026 is acknowledged. The traversal is on the ground(s) that unity of invention is present due to the claims embracing a product and method of use (see page 25 of arguments). This is not found persuasive because the latter criteria is assumed only if there are no other outstanding issues that would render the claims to not have unity of invention. As described in the restriction requirement, the instantly claimed compounds encompass a myriad of heterocyclic functionalities that do not share a common chemical structure (e.g. formula II). Furthermore, due to their divergent structural nature, one having ordinary skill in the art would presume that when substituted into the formula II, each individual heterocycle as a “whole” (not focusing on one particular variable such as L) would not function in the same manner to give the same intended result. Therefore, these claims can be said to lack unity a priori as there is no technical feature common to all the claims.
The requirement is still deemed proper and is therefore made FINAL.
Claims 16-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.
An action on the merits of claims 1, 7-10, and 12-15 is contained herein. Applicant’s elected species was found free of the art and the full scope of formula II searched.
Priority
This application is a U.S. National Phase Application under 35 U.S.C. 371 of
International Application No. PCT/CN2022/120267, filed on September 21, 2022, which claims 1) the priority and rights of Chinese Patent Application No. 2021111310410 submitted to CNIPA on September 26, 2021, and 2) the priority and rights of Chinese Patent Application No. 2022111046982 submitted to CNIPA on September 9, 2022. However, a certified English version of the foreign priority documents were not received.
Failure to provide a certified translation may result in no benefit being accorded for the non-English application (i.e., the examiner respectfully requests submission of the appropriate English translated version of the foreign priority document if benefit is sought). See MPEP 213.04.
Information Disclosure Statement
The examiner has considered the references cited in the information disclosure statement filed of record.
Claim Objections
Claims 1, 7-10, and 12-15 are objected to because of the following informalities:
In claim 1 and other claims, the manner in which the dashed lines (e.g. see TIRAK) are attached to the other segments of the molecule should be articulated (e.g. wherein the dotted/dashed lines represent a bond to variable L, etc.). Thus, the claim and claims dependent on it are objected to. Correction is required.
The preamble of claims 12-14 should incorporate proper Markush language such as “wherein the compound is selected from the group consisting of..”. Correction is required.
Conclusion
No claims are allowed. However the claimed compounds appear to be neither anticipated nor rendered obvious over the art. There is no relevant art to be put on record by the examiner with respect to the latter.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN E MCDOWELL whose telephone number is (571)270-5755. The examiner can normally be reached on 8:30-6 MF.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Murray can be reached at 571-272-9023. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN E MCDOWELL/Primary Examiner, Art Unit 1624
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