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 .
Election/Restrictions
Applicant's election with traverse of Group I, claims 1-26, 40, in the reply filed on 9/10/2025 is acknowledged. The traversal is on the ground(s) that Groups I-III are alleged to have unity under 37 CFR 1.475(b)(2), being drawn to compounds and methods for using those compound and requests claims 30, 32-29 be examined together with elected Group I claims. This is not found persuasive because the Restriction Requirement documents that the shared structure of claims 1 & 26 is not a special technical feature, in view of the prior art cited. Accordingly, the inventions lack a special technical feature, and therefore unit Claims 30, 32-39 are not currently eligible for rejoinder in view of the prior art cited.
The requirement is still deemed proper and is therefore made FINAL.
Applicant’s election without traverse of:
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Claims 1, 5-17, 18, 26, 40 are believed to read thereon in the reply filed on 9/10/2025 is acknowledged.
Claims 2-16, 19-25, 40 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 9/10/2025.
Claims 27, 30, 32-39 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 9/10/2025.
The elected compound, 32.05, is free of the prior art. Compounds searched and examined have been extended to the full scope of claim 26 compounds, which are also free of the prior art; examination is further expanded to the compounds:
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Within the scope of claim 1; having the same choices for X, Y, under (iv) for A as the elected compound, R2, R3, R4, R5 are H and R1 is N(R12)CO(CH2)1heterocycyl); R12 is H; the heterocyclyl of this moiety is furanyl. For Group B (n is 0), is heteroaryl (iv), thiophene.
And
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Within the scope of claim 1; having the same choices for X, Y, under (iv) for A as the elected compound, R2, R4, R5 are H; R3 is Br (halo) and R1 is N(R12)CO(CH2)1heterocycyl); R12 is H; the heterocyclyl of this moiety is thiophene. For Group B (n is 1), B is (ii), phenyl.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
Claims 1, 17-18 are 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.
Line 5 recites A is a 6-membered heteroaryl of formula (II):
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Under (iv) the choices for X and Y both require C. The option for X and C may both be C in one alternative under (v), also. When X and Y are both C, Formula II corresponds to a substituted phenyl, and the “heteroaryl” term used to name Formula II is incorrect for these choices. Accordingly, there is a conflict between the “heteroaryl” term and the C choices for X and Y. It is not clear which conflicting representation of claim 1 controls.
The same conflict is present in claim 17.
For purposes of examination, and because the elected compound has a phenyl moiety at the Formula (II) location, the Examiner presumes the specific choices for X and Y named control the compounds permitted at this location.
In claim 1 there are locations of alkyl, aryl or heteroaryl and heterocyclyl that use superscripts: b. It is not clear what is the meaning of these superscripts, or how the terms differ from the base terms.
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) 1, 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Perry et al. (“Three Homology Models of PAR2 Derived from Different Templates: Application to Antagonist Discovery”; J. Chem. Inf. Model; 2015; 55: 1181-1191; DOI: 10.1021/acs.jcim.5b00087; Supporting Information; pp. S1-S14).
In the supporting information, Perry teaches the compound:
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S9, line 6, 5th row, ZINC0O619127.
This compound has the same choices for X, Y, under (iv) for A as the elected compound, R2, R3, R4, R5 are H and R1 is N(R12)CO(CH2)1heterocycyl); R12 is H; the heterocyclyl of this moiety is furanyl. For Group B (n is 0), is heteroaryl (iv), thiophene, anticipating claims 1 and 17.
Claim(s) 1, 17-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Contreras-Martel et al. (“Structure-Guided Design of Cell Wall Biosynthesis Inhibitors That Overcome β-Lactam Resistance in Staphylococcdus aureus (MRSA)”; 2011; ACS Chem. Biol. 2011, 6, 943–951; dx.doi.org/10.1021/cb2001846; Supporting Information, pp. 1-30.
Contreras teaches:
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p. 13, scheme top line. S19, where R=Ph.
This compound is within the scope of claim 1; having the same choices for X, Y, under (iv) for A as the elected compound, R2, R3, R4, R5 are H and R1 is N(R12)CO(CH2)1heterocycyl); R12 is H; the heterocyclyl of this moiety is furanyl. For Group B (n is 0), is heteroaryl (iv), thiophene, and reads on claims 17 & 18.
Allowable Subject Matter
Claim 26 is allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY P THOMAS whose telephone number is (571)272-8994. The examiner can normally be reached M-Th 6:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ali Soroush can be reached at (571)272-9925. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TIMOTHY P. THOMAS
Primary Examiner
Art Unit 1614
/TIMOTHY P THOMAS/Primary Examiner, Art Unit 1614