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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2026 May 20 with newly amended claims 25-27, 29-30, 32-35 and newly added claims 50, and 51 has been entered.
A search of claims 24-26 and 28-30, 50, and 51 is extended to the following scope: amended variable Z is attached to position 8 of a purine ring (see sets L18, L24, and L25 of the search history). Consequently, claims 24, 26, 28, 29, and 50 are examined on the merits. Claims 25, 30, and 51 are withdrawn due to all of the compounds having Z attached to the 7 or 9-position of a purine ring.
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Claims 32-35 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2025 May 12.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2026 May 20 was submitted in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is 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 28 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.
Regarding claim 28, the phrase “optionally” is interpreted as "such as" language. This language renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. Is examined variable R7 intended to represent an alkyl group broadly or a methyl group more specifically? See MPEP § 2173.05(d).
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) 24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by BAENTELL (WO 2005097135, published 2005 October 30). Baentell describes compounds 34.1 and 41.5 (page 44, table 4). In these two compounds, the following limitations apply: R4 is Cl; R3 is NH-tert-butyl; and Z is cyclopentyl or cyclopropyl.
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Claim(s) 24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by HOWARD (WO 2010125402, published 2010 November 4). Howard describes example 181 (page 230). In this compound, the following limitations apply: R4 is Cl; R3 is H; and Z is an acyl group.
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Claim(s) 24 and 50 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by RAMIDAS (WO 2011055391, published 2011 May 12). Howard describes a reactant (page 67, example 72, lines 10-13). In this compound, the following limitations apply: R4 is Cl; R3 is Cl; and Z is a cyclopentyl group.
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Claim(s) 24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by SLAUGHENHAUPT (WO 2016115434, published 2016 July 21). Slaughenhaupt describes compounds (231), (232), (234), (236), (238), (240), (242), (250), (258),and (262) (pages 116-120). In this compound, the following limitations apply: R4 is Cl; R3 is a substituted alkylamino group; and Z is selected from the group consisting of a cyclobutyl or an acyl group.
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180
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Claim(s) 24 and 50 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ESTRADA (WO 2016142310, published 2016 September 15). Slaughenhaupt describes an in intermediate compound (page 147, lines 14-25). In this compound, the following limitations apply: R2 and R4 are Cl; R3 is a substituted alkylamino group; and Z is selected from the group consisting of a hydroxy-substituted cyclobutyl group.
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Conclusion
Claims 24, 28, and 50 are not allowable.
Claims 26 and 29 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Baentell (WO 2005097135, published 2005 October 30) describes compounds 34.1 and 41.5 (page 44, table 4). In these compounds, the following limitations apply: R4 is Cl; R3 is NH-tert-butyl; and Z is cyclopentyl or cyclopropyl. Baentell does not describe that Z is a group recited in claims 26, 28, or 29.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOBLE E JARRELL whose telephone number is (571)272-9077. The examiner can normally be reached 8:00 AM to 4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fereydoun Sajjadi can be reached at 571-272-3311. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NOBLE E JARRELL/Primary Examiner, Art Unit 1699
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