DETAILED ACTION
All objections or rejections not listed below have been withdrawn.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10/18/2024 has been entered.
Priority
Acknowledgment is made of applicant’s claim for priority. The certified copy has been filed in parent Application No. 62/541,457, filed on 8/4/2017.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 08/02/2021 and 02/04/2020 are being considered by the examiner.
Claim Interpretation
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The chemical variable aryl, heterocycle and heteroaryl used in the claims is defined in the specifications to include the substituted derivatives. For example aryl, heterocycle and heteroaryl is defined in the claims to be:
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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.
Claim(s) 77 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by STN, CAS Registry 676471-03-7, Entered STN: 22 Apr 2004.
The reference STN, CAS Registry 676471-03-7 teaches the following compound, which is the same exact compound as the first compound of instant claim 77. This anticipates claim 77.
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Claim(s) 1, 25, 72, 104, 106, 108, 109 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by STN, CAS Registry 402730-61-4, Entered STN: 25 Mar 2002.
The reference STN, CAS Registry 402730-61-4 teaches the following compound, wherein X=CH, R1=alkylene-O-aryl, R2=N(H)-alkylene-aryl, n=0. This anticipates claims 1, 25, 72, 104, 106, 108, 109.
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Claim(s) 1, 2, 25, 72, 104 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by STN, CAS Registry 1189055-89-7, Entered STN: 19 Oct 2009.
The reference STN, CAS Registry 1189055-89-7 teaches the following compound, wherein X=CH, R1=t-butyl, R2=N(H)-aryl, n=0. This anticipates claims 1, 2, 25, 72, 104.
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Claim(s) 1, 25, 72, 104, 106, 107 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by STN, CAS Registry 402727-95-1, Entered STN: 25 Mar 2002.
The reference STN, CAS Registry 402730-61-4 teaches the following compound, wherein X=CH, R1=alkylene-O-aryl, R2=N(H)-alkylene-aryl, n=0. This anticipates claims 1, 25, 72, 104, 106, 107.
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Claim(s) 1, 70, 72 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by STN, CAS Registry 1515640-86-4, Entered STN: 09 Jan 2014.
The reference STN, CAS Registry 1515640-86-4 teaches the following compound, wherein X=CH, R1=heteroaryl, R2= heteroaryl, n=1, R3=F. This anticipates claims 1, 70, 72.
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Claim(s) 1, 25, 72, 104, 105 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by STN, CAS Registry 919083-90-2, Entered STN: 02 Feb 2007.
The reference STN, CAS Registry 919083-90-2 teaches the following compound, wherein X=CH, R1=heteroaryl, R2= N(H)-aryl, n=0. This anticipates claims 1, 25, 72, 104, 105.
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Claim(s) 1, 25, 72, 94, 104, 105 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by ZHANG(ZHANG al etc., WO 2007/005673 A1, 11 January 2007).
The reference Zhang teaches the following compound (page 39), wherein X=CH, R1=heteroaryl, R2= N(H)-aryl, n=0. This anticipates claims 1, 25, 72, 104, 105.
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The reference Zhang teaches “Compounds of the invention can be administered as pharmaceutical compositions by any conventional route, in particular enterally, e.g., orally, e.g., in the form of tablets or capsules, or parenterally, e.g., in the form of injectable solutions or suspensions, topically, e.g., in the form of lotions, gels, ointments or creams, or in a nasal or suppository form. Pharmaceutical compositions comprising a compound of the present invention in free form or in a pharmaceutically acceptable salt form in association with at least one pharmaceutically acceptable carrier or diluent can be manufactured in a conventional maimer by mixing, granulating or coating methods. For example, oral compositions can be tablets or gelatin capsules comprising the active ingredient together with a) diluents, e.g., lactose, dextrose, sucrose, mannitol, sorbitol, cellulose and/or glycine; b) lubricants, e.g., silica, talcum, stearic acid, its magnesium or calcium salt and/or polyethyleneglycol; for tablets also c) binders, e.g., magnesium aluminum silicate, starch paste, gelatin, tragacanth, methylcellulose, sodium carboxymethylcellulose and or polyvinylpyrrolidone; if desired d) disintegrants, e.g., starches, agar, alginic acid or its sodium salt, or effervescent mixtures; and/or e) absorbents, colorants, flavors and sweeteners” [0075]. This anticipates claim 94.
Response to Arguments
Applicant’s arguments with respect to claim(s) 01/12/2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Claims 1, 2, 25, 70, 72, 77, 94, 104, 105, 106, 107, 108, 109 are rejected.
Claims 26, 38, 95-98, 101, 103 are withdrawn.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/A.A.H./ Examiner, Art Unit 1627
/Kortney L. Klinkel/ Supervisory Patent Examiner, Art Unit 1627