DETAILED ACTION
Claims 1-29 are currently pending in the instant application. Claims 3-5 are rejected. Claims 1, 2, and 6-29 are objected.
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 .
Specification
The abstract of the disclosure is objected to because the abstract contains legal phraseology, specifically “said.” A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
Claim Objections
Claims 6-12, 15-17, 20, and 23-29 are objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim cannot depend from any other multiple dependent claim, nor can a claim be dependent upon a multiple dependent claim that depends from another multiple dependent claim. See MPEP § 608.01(n). Accordingly, the claims 6-12, 15-17, 20, and 23-29 have not been further treated on the merits.
Claim 1 is objected to because of the following informalities. Claim 1 should have an “and” before the last listed substituent before the period.
Claims 21 and 22 are objected to because of the following informalities: Both claims do not end in a period. Additionally, claim 21 has empty boxes and claim 22 has compounds which are underlined. Appropriate correction is required.
Claims, 2, 13, 14, 18, and 19 are objected to as being dependent upon an objected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 3 and its dependent claims 4 and 5 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 3 defines R4 as any residue other than -H which is broader than claim 2 and claim 1 from which claim 3 depends as in claim 1 R4 is not any residue, but is only:
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Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Closest Prior Art.
The closest prior art is WO 2021/177343.
WO 2021/177343 discloses the compound on page 40:
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. The prior art compound corresponds to the instant compound of the formula (I).
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, for example, wherein Q is -OR2; R2 is RY, RY is 6-14 membered aryl; R1 is -ORW; RW is C1-6 alkyl; R6, R7 and R8 are each -RW and RW is -H; T is -O-; U is -CR5R5a; R5 and R5a are each -RY, RY is -H; The difference is that in the instant claims, V is defined as C1-6 alkyl. As defined on page 43 of the instant specification, paragraph [0125], while the term “alkyl, saturated or unsaturated” encompasses alkynyl, the term “alkyl” as utilized in the instant claims is defined as normal, secondary, or tertiary, linear or branched hydrocarbon with no site of unsaturation. Therefore, the closest prior art differs at position V as the prior art has alkynyl whereas the instant claims would have C1-6 alkyl, which has no site of unsaturation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REBECCA L ANDERSON whose telephone number is (571)272-0696. The examiner can normally be reached Monday-Friday from 6am-2pm.
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/REBECCA L ANDERSON/Primary Examiner, Art Unit 1626 ____________________ 21 August 2026
Rebecca Anderson
Primary Examiner
Art Unit 1626, Group 1620
Technology Center 1600
