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 93-112 are pending in this application.
Election/Restrictions
Applicant’s election of species b. (i.e. Ring A = bridged or fused rings) in the reply filed on 08/01/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
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The examiner searched the elected species b. and found no prior art, thus, the search was expanded to cover full scope of applicant’s elected invention.
3. The claims are drawn to multiple inventions for reasons set forth in the restriction requirement. The claims are examined only to the extent that they read on the elected invention. Cancellation of the non-elected subject matter (i.e. species a. as shown below) is recommended in response to this Office Action.
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The examiner recommends that applicants delete species a. from the claims that are broad in scope. Note also species a. is claimed in related applications 17/976,150, 18/405,058, 18/799,074, 18/705,639, 19/069,687 etc.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 93-97, 100 and 102-112 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention:
a. Claim 93 and claims dependent thereon are rejected because the definition of variable R2 is missing. In claim 93, it is recited “two R2s on different carbon atoms together with the carbon atoms to which they are attached combine to form a 5- to 7-membered heteroaryl, or … two R2s on single carbon atom……” but it is unclear what the two R2s are. What definition of R2s makes a ring? Note that the specification defines R2 as C1-C6 alkyl or C1-C6 haloalkyl, ….”, but it is unclear if that is what applicants intend. Applicants have to define R2 according to the specification.
b. Claim 110 is rejected because the chemical structure is illegible. The bonds of chemical structure and the texts such as R and S are faded. Applicants have to draw legible chemical structures as it was done in claims 106-109.
Information Disclosure Statement
5. Applicant’s Information Disclosure Statement, filed on 08/11/2026, 04/27/2026, 04/09/2025 and 09/04/2024 has been acknowledged. Please refer to Applicant’s copies of the 1449 submitted herewith.
Conclusion
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kahsay Habte Ph.D. whose telephone number is (571)272-0667. The examiner can normally be reached on 8:30 - 5:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JEFFREY MURRAY can be reached on 571-272-9023. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Kahsay Habte/
Primary Examiner, Art Unit 1624
August 27, 2026
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