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 .
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(s) 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Paymode et al. (Organic Process Research & Development, 2021, vol. 25, pp 1822-1830 (NPL reference 4 from applicant’s IDS filed 9/3/24).
Paymode disclose the compound of formula I of claim 1 and compositions comprising the same. See Figure 12-13, page 1827. Likewise, it is noted that this compound is seen to be in a composition in the synthetic processes set forth therein, and thus meet the limitations of the present composition claims. The compositions comprising the same compound claimed herein would be seen to meet the limitations of being used for treating a viral infection such as influenza or dengue virus as claimed herein. Because the compositions could have been used for applicants intended purpose, they properly anticipate the present claims.
Allowable Subject Matter
Claim 8 is 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.
The closest prior art is seen to be Paymode et al. as cited above who discloses the compound of formula I claimed herein and compositions for the same that could have been used for the same purposes herein. However, Paymode uses their compound in a synthetic method of making molnupiravir and thus a skilled artisan would not have found it obvious to use this intermediate in a method of treating a viral infection as set forth in present claim 8.
Conclusion
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/TRAVISS C MCINTOSH III/Primary Examiner, Art Unit 1693
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