DETAILED ACTION
Claims 1-6 are pending in the present application.
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 .
Priority
The claim to priority as a 371 filing of PCT/IB2023/054081 filed on April 21, 2023, which claims benefit of IT 102022000008078 filed on April 22, 2022 is acknowledged in the present application.
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.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lebon et al. (Bioorg. Med. Chem. Lett., 2012, 3978-3982).
From MPEP 2111.02: “If the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction. Shoes by Firebug LLC v. Stride Rite Children’s Grp., LLC, 962 F.3d 1362, 2020 USPQ2d 10701 (Fed. Cir. 2020)”
With respect to claims 1-3 and 5, Lebon teaches the compound
PNG
media_image1.png
78
102
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Greyscale
, which reads on the claims where Y is O, R8 is phenyl, R9 is COCH3, and R10 is CH2-phenyl. See Table 1, Entry 1, page 3979.
With respect to claims 4 and 6, Lebon teaches the compound
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media_image2.png
78
116
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Greyscale
, which is the same as compound 65 of claim 4. See Table 1, Entry 2, page 3979.
Conclusion
Claims 1-6 are rejected.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joseph Kosack whose telephone number is (571)272-5575. The examiner can normally be reached M-F 8:00-4:30.
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/JOSEPH R KOSACK/Primary Examiner, Art Unit 3991
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