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 .
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.
Current Status of 18/872,328
This Office Action is in response to the amended claims of 07/16/2026.
Claims 1-4, 6, 8, 10-11, 13-15, and 17-24 are currently amended; and claim 5 is original.
Claims 1-6, 8, 10-11, 13-15, and 17-24 are examined in this office action.
Priority
Effective filing date is 06/07/2022.
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 03/11/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 22 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “substantially” in claim 22 is a relative term which renders these claim 22 indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. As drafted, the term “substantially” renders the metes and bounds of claims 22 undefined (hence rendering claims 22 indefinite) since the artisan has no idea by which objective standard “substantially” should be measured. Please delete “substantially” from the claims to render moot this rejection.
Conclusion
Claim 22 is rejected.
Claims 1-6, 8, 10-11, 13-15,17-21 and 23-24 are allowable as written.
Examiner did not find prior art for independent claims 1, 18 and 19. Close art of Lars et.al (WO 2022/122773) teaches the Compound (I) (page 628, claim 65) but does not teach the amorphous or crystal form of Compound(I). Moreover Lars et.al. have publication date of 16th June 2022, after the effective filing date of the instant application. Therefore, Lars is a close art but not a prior art.
US patent No 11,667,602 is not a double patenting art because the claims are not directed to amorphous or crystalline form of compound(I).
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/R.I./Examiner, Art Unit 1625
/JOHN S KENYON/Primary Patent Examiner, Art Unit 1625
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