DETAILED ACTION
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 .
According to paper filed on Sep. 16, 2026, the applicants have canceled claims 32, 33, 37 and 43-46 and furthermore, have amended claims 31, 34, 36, 38, 47 and 48.
Claims 31, 34-36, 38-42 and 47-50 are pending in the application.
Response to Arguments
Applicants’ arguments filed Sep. 16, 2026 have been fully considered but they are not persuasive regarding prior art rejection. The applicants have amended claims to overcome indefinite rejection. Regarding prior art rejection, the applicants argue on page 9 that claims 31 and 47 are amended to overcome this rejection. The examiner does not agree with this argument. The compounds, 5,5,7,7-d- mesembrine and 5,7,7-d- mesembrenone disclosed by Martin still anticipate the instant claims 31, 36, 38, 40-42 and 47-49 when variables R1a, R1b, R1c and R5 represent H and variables R3a, R3b and R4 represent D in the instant compounds of formulae (Ia) and (Ib).
Conclusion
Rejection of claims 31, 36, 38, 40-42 and 47-49 under 35 U.S.C. 102 (a) (1) over Martin is maintained.
Allowable Subject Matter
Claims 34-35, 39 and 50 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARANJIT AULAKH whose telephone number is (571)272-0678. The examiner can normally be reached Monday-Friday 7:00-3:30.
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/CHARANJIT AULAKH/ Primary Examiner, Art Unit 1621
