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
This office action is in reply to the application 18/854,748 filed 07 October 2024, 371 of PCT/IN2023/050342 filed 08 April 2023, claiming priority from IN20221021077 filed 08 April 2022. Claims 1-3 and 6-8 are amended. Claim 5 is canceled. Claims 9-18 are new. Currently, claims 1-4 and 6-18 are pending.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
(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 1-4 and 6-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhigang et al. (A method for preparing apaltadamine, CN 202011458042.1, 10 December 2020 + MT).
Zhigang discloses synthesis of structure III-2 from IV-2 and V in dichloromethane using triethylamine as the base (pg. 17, lines 11-18):
PNG
media_image1.png
112
462
media_image1.png
Greyscale
Zhigang also discloses the synthesis of structure I-2 from III-2 and II in dioxane using triethylamine as the base (pg. 26, lines 13-21):
PNG
media_image2.png
106
525
media_image2.png
Greyscale
Lastly, Zhigang discloses the synthesis of structure B, apaltadine, from I-2 and aqueous methylamine in ethanol (pg. 27, lines 6-13):
PNG
media_image3.png
113
423
media_image3.png
Greyscale
As such, Zhigang anticipates claim 1.
Regarding the limitations of claim 2 are met as the first solvent is dichloromethane (pg. 17, lines 11-18).
Concerning the limitations of claim 3 are met as the first base is triethylamine (pg. 17, lines 11-18).
Pertaining to the limitations of claim 4 are met as structure III-2 anticipates intermediate 1 (pg. 17, lines 11-18).
With respect to the limitations of claim 6 are met as the synthesis of structure III-2 anticipates the synthesis of intermediate 1 through KSM-1 and KSM-2 (pg. 17, lines 11-18).
With regards to the limitations of claim 7 are met as the disclosed solvent used is dichloromethane (pg. 17, lines 11-18).
With concern to the limitations of claim 8 are met as the disclosed base used is triethylamine (pg. 17, lines 11-18).
Regarding the limitations of claim 9 are met as Zhigang discloses using chloroform as the solvent in analogous synthesis of structure III-1 from IV-1 and V (pg. 16, lines 11-18):
PNG
media_image4.png
111
449
media_image4.png
Greyscale
Concerning the limitations of claim 10 are met as the disclosed base used is triethylamine (pg. 17, lines 11-18).
Pertaining to the limitations of claim 11 are met as Zhigang discloses using chloroform as the solvent in analogous synthesis of structure I-1 from III-1 and II (pg. 20, lines 15-23):
PNG
media_image5.png
111
518
media_image5.png
Greyscale
With respect to the limitations of claim 12 are met as Zhigang discloses using triethylamine as the base in the synthesis of structure I-2 (pg. 26, lines 13-21).
With regards to the limitations of claim 13 are met as Zhigang discloses using chloroform as the solvent in analogous synthesis of structure III-1 from IV-1 and V (pg. 16, lines 11-18).
With concern to the limitations of claim 14 are met as Zhigang discloses the use of triethylamine in the synthesis of structure III-2 (pg. 17, lines 11-18).
Regarding the limitations of claim 15 are met as Zhigang discloses using chloroform as the solvent in analogous synthesis of structure I-1 from III-1 and II (pg. 20, lines 15-23).
Concerning the limitations of claim 16 are met as Zhigang discloses using triethylamine as the base in the synthesis of structure I-2 (pg. 26, lines 13-21).
Pertaining to the limitations of claim 17 are met as Zhigang discloses using chloroform for the analogous synthesis of structure III-1 (pg. 16, lines 11-18) and I-1 (pg. 20, lines 15-23).
With respect to the limitations of claim 18 are met as Zhigang discloses using triethylamine for the synthesis of structures III-2 (pg. 17, lines 11-18) and I-2 (pg. 26, lines 13-21).
Summary
Claims 1-4 and 6-18 are rejected under 35 U.S.C. 102(a)(1).
Conclusion
No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Allen Chao whose telephone number is (571)272-7001. The examiner can normally be reached Monday - Friday 0700-1300.
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, James H Alstrum-Acevedo can be reached at 571-272-5548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ALLEN CHAO/Examiner, Art Unit 1622
/JAMES H ALSTRUM-ACEVEDO/Supervisory Patent Examiner, Art Unit 1622
Prosecution Insights