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
Claims 1-12 and 15-17 are currently pending in the instant application. Applicants have amended claims 1-3, 6, 10-12 and 15-17 in an amendment filed on August 16, 2024. Claims 1-3, 6-12 and 15-17 are considered allowable and claims 4 and 5 are rejected in this Office Action.
I. Priority
The instant application is a 371 of PCT/US2023/062780, filed on February 17, 2023 which claims benefit of US Provisional Applications 63/379,340, filed on October 13, 2022 and 63/311,612, filed on February 18, 2022.
II. Information Disclosure Statement
The information disclosure statement (IDS) submitted on January 15, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
III. Rejections
Claim Rejections - 35 USC § 112
The following is a quotation of the second paragraph of 35 U.S.C. 112:
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 4-5 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. Specifically, claim 4 contains the limitation “having the structure of Formula (Ia)” which is dependent on claim 1 but there is no mention of “a structure of Formula (Ia)” in claim. So it is unclear what structure Applicants are referring back to with the limitation “having the structure of Formula (Ia)” because claim 1 does not mention “Formula (Ia)”. Therefore, this limitation lacks antecedent basis. Applicants are suggested to amend claim 4 so the limitation “having the structure of Formula (Ia)” now reads “having a structure of Formula (Ia)”.
Specifically, claim 5 contains the limitation “having the structure of Formula (Ib)” which is dependent on claim 1 but there is no mention of “a structure of Formula (Ib)” in claim. So it is unclear what structure Applicants are referring back to with the limitation “having the structure of Formula (Ib)” because claim 1 does not mention “Formula (Ib)”. Therefore, this limitation lacks antecedent basis. Applicants are suggested to amend claim 5 so the limitation “having the structure of Formula (Ib)” now reads “having a structure of Formula (Ib)”.
***The closest prior art is WO 2022/040260 which teaches compound such as
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180
415
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but does not teaches compounds that have a pyridine ring in the bicyclic ring system as seen in the instant compounds instead of a benzene ring as seen above in the prior art’s compound.
IV. Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shawquia Jackson whose telephone number is 571-272-9043. The examiner can normally be reached on 7:00 AM-3:30PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Adam Milligan can be reached on 571-270-7674. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAWQUIA JACKSON/Primary Examiner, Art Unit 1626
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