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 .
Claims 1-11 are presented for examination.
Applicants’ drawings filed June 21, 2024 have been received and entered.
Applicants’ information disclosure statement filed December 4, 2024 has been received and entered.
Applicants’ election filed September 8, 2024 in response to the restriction requirement of July 7, 2024 has been received and entered. The applicants elected the invention described in claim 2 (Group II) without traverse.
Claims 1 and 3-11 are withdrawn from consideration as being drawn to the non-elected invention (37 CFR 1.142(b)).
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Allowable Subject Matter
Claims 2 and 4-11 are deemed allowable due to the closes prior art is applicants’ own publication, Olivelli et al., “Stable Cu (I) Complexes for Intracellular Cu-Catalyzed Azide Alkyne Cycloaddition”, Chemistry-A European Journal, Vol. 30, No. 72, page e202402887 (2024).
The Examiner will examine the next invention.
Claims 1 and 3 are presented for examination.
Claim 3 is withdrawn from consideration as being drawn to the non-elected invention (37 CFR 1.142(b)).
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.
(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) 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kübel-Pollak et al., “Conformational effects in molecular tectons containing protonated benzimidazole cations”, New Journal of Chemistry, Vol 30, No. 6, pages 851-860 (2006).
Kübel-Pollak et al. teach the compound, cis-1,3,5-Tris-(benzimidazole-2-yl)cyclohexane, is old and well-known in the art (see page 859, one column, fourth paragraph) for the development of cis-1,3,5-Tris-(N-methylbenzimidazol-2yl)cyclohexane trihydrobromide.
Clearly, the cited reference anticipates applicants’ preferred compound, cis-1,3,5-Tris-(benzimidazole-2-yl)cyclohexane; therefore, applicants’ preferred compound is unpatentable.
Claim 1 is not allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN E WEDDINGTON whose telephone number is (571)272-0587. The examiner can normally be reached M-F 1:30-10:00.
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KEVIN E. WEDDINGTON
Primary Examiner
Art Unit 1629
/KEVIN E WEDDINGTON/Primary Examiner, Art Unit 1629
