DETAILED ACTION
Claims 1-7 are pending.
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 .
Priority
The instant application, filed 4/17/2024 is a National Stage entry of PCT/IN2022/050940, International Filing Date of 10/20/2022 and claims foreign priority to 202111047806, filed 10/20/2021.
Claim Objections
Claims 5, 6, and 7 are objected to because of the following informalities: the claims refer to compounds that are drawn in the Specification, Applicant should have the compound structure in the claims. Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 3 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CAS Registry Entry 1118854-34-4 entered into the database on 3/11/2009.
Claims 3 and 4 are directed to the following compound:
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106
156
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The CAS Registry teaches:
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318
666
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Claims 3 and 4 are anticipated.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 3 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Corbett US 2004/0067939 A1 published 4/8/2004.
Claim 3 is directed to a genus of compounds defined by Formula A:
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306
452
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In this genus the R1 group includes halogen, the R2 group includes hydrogen, the X and Y are defined as the Figure shows.
Corbett teaches the following genus:
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148
196
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Corbett specifically teaches the following compound:
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138
240
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This compound anticipates claim 3 of the instant application.
Allowable Subject Matter
Claims 1-2 are allowed.
Claims 5-7 are objected to for having minor informalities, but would be allowable if rewritten to introduce the structure of the compounds being referred to in the Specification.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J SCHMITT whose telephone number is (571)270-7047. The examiner can normally be reached M-F 8-6 MidDay Flex.
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/MICHAEL J SCHMITT/ Examiner, Art Unit 1629
/JEFFREY S LUNDGREN/ Supervisory Patent Examiner, Art Unit 1629
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