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 .
Election/Restrictions
The restriction/ election requirement from 5/29/2026 was issued by a different examiner, who subsequently transferred this application. Applicant’s response to the restriction/ election requirement from 6/24/2026 is acknowledged.
Applicant has elected with traverse the invention of Group I, claims 1-11, and as species compound 92 in Table 15-4. Compound 92 belongs to the subgenus of compounds of Formula 134.
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35
660
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656
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In view of Applicant’s species election the search has been expanded to encompass not only compound 92, but also the subgenus of compounds of Formula 134.
Applicant’s reason for the traverse is that Applicant has amended the claims over the reference over the previous examiner noted that there was no technical feature. Without taking a position on whether Applicant’s statement is correct or not, because the reference pertains to a different subgenus, the Examiner notes that even post-amendment, there is more anticipatory art (see below), in view of which there is no unity of invention, and in view of which the restriction of groups is maintained.
Applicant has failed to designate, as required, which claims read on Applicant’s elected species. The Examiner has determined that Applicant’s claims 6-10 do not read on the elected species and subgenus, in view of which they are withdrawn from consideration.
The restriction/ election requirement is hereby MADE FINAL. Claims 1-5 and 11 are pending, and have been examined herewith, in view of Applicant’s species election, to the extent of Applicant’s broader subgenus of compounds of Formula 134.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5 and 11 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by US 20050203150 to Haffar et al, as further evidenced by its corresponding STN accession number document 143:279346 (collectively, “Haffar”).
Haffar discloses oxadiazolone compounds, compositions and methods of inhibiting or treating HIV-1 of the general formula of claim 1.
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An assembled structure is the following:
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to SVETLANA M IVANOVA whose telephone number is (571)270-3277. The examiner can normally be reached 8:30-5:00.
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, Kortney L. Klinkel can be reached at (571) 270-5239. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SVETLANA M IVANOVA/ Primary Examiner, Art Unit 1627
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