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
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 9/25/2025 has been entered.
Status of Claims
Claims 4, 10-12, and 15-29 are pending in the instant application. Claims 17-20 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.
An action on the merits of claims 4, 10-12, 15, 16, and 21-29 is contained herein.
Information Disclosure Statement
The examiner has considered the most recent IDS filed of record.
Previous Objections/Rejections
Any rejections or objections stated of record in the office action mailed on 3/28/2025 that are not explicitly addressed herein below, are hereby withdrawn in light of applicant's arguments and/or amendments filed 9/25/2025.
New Rejections
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 22-23 are rejected under 35 U.S.C. 103(a) as being unpatentable over US Patent 9,643,972.
The instant claims may be drawn to the following chemical species:
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852
694
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wherein R1 is described above and in the instant claims, n = p = t = r = 0, X = substituted alkyl, and Y = -CH.
Patent ‘972 teaches the following compounds (see col. 95,96, examples 53-55):
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184
602
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146
270
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wherein R1 = H, n = p = t = r = 0, X = substituted alkyl, and Y = -CH. The difference stemming at variable R1 (e.g. H versus halo, -CN, methyl, etc.). However the document teaches that the quinoline group (described as variable E at col. 18, li. 35, bicyclic heteroaryl of the patent) may be further substituted with the claimed groups (e.g. methyl, halo, -CN, etc.) at col. 10, lines 5-20:
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276
536
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.
Therefore the claimed species would have been considered obvious based on the patent teachings.
Conclusion
Claims 22-23 are rejected. Claims 4, 10-12, 15, 16, 21, 24-27 and 29 are allowable.
Claim 28 is objected to as being dependent upon a rejected or 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN E MCDOWELL whose telephone number is (571)270-5755. The examiner can normally be reached on 8:30-6 MF.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Murray can be reached at 571-272-9023. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRIAN E MCDOWELL/ Primary Examiner, Art Unit 1624
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