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 . Claims 1 and 3-6 are pending in this application.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07/15/2026 has been entered.
Response to Amendment
3. Applicant’s amendment filed 07/15/2026 in response to the previous Office Action (01/16/2026) is acknowledged. Rejection of claims 1, 3 and 6 under 35 U.S.C. 102(a)(1) has been maintained. Applicants did not overcome the prior art rejection over Fisher et al. (see item 6, Final Rejection).
Election/Restrictions
4. Applicant’s election of Group I and a species wherein X = CH2 in the reply filed on 06/20/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
The examiner searched the elected invention and stopped when a prior art was found.
5. The claims are drawn to multiple inventions for reasons set forth in the restriction requirement. The claims are examined only to the extent that they read on the elected invention. Cancellation of the non-elected subject matter is recommended in response to this Office Action. It is recommended that applicants delete the definition of X = O.
Claim Rejections - 35 USC § 102
6. 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.
7. Claims 1, 3 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fisher et al. Journal of Medicinal Chemistry (2013), 56(1), 241-253. Cited reference teaches the following exemplary compounds that are the same as applicants when applicants Formula 1 has the following substituents: X = CH2; W = CO; Z = C; Y = OR4 (wherein R4 is alkyl) or NR8R9 (wherein R9 = H and R4 is optionally substituted alkyl); and R1 = R2 = R3 = H, or F.
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Since said exemplary compounds are the same as applicants, a 102(a)(1) rejection is proper.
Response to arguments
Applicant’s argument filed 07/15/2026 has been fully considered but it is not persuasive.
Applicants amended claim 1 and argue that the claims no longer encompass any compounds of Fisher identified by the Office Action. The examiner disagrees with applicant’s argument. The amendment of claim 1 in the definition of Z and R4 does not overcome the prior art rejection.
Information Disclosure Statement
8. Applicant’s Information Disclosure Statement, filed on 07/15/2026 has been acknowledged. Please refer to Applicant’s copies of the 1449 submitted herewith.
Conclusion
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kahsay Habte Ph.D. whose telephone number is (571)272-0667. The examiner can normally be reached on 8:30 - 5:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JEFFREY MURRAY can be reached on 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 https://ppair-my.uspto.gov/pair/PrivatePair. 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.
/Kahsay Habte/
Primary Examiner, Art Unit 1624
July 26, 2026
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