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 .
Status of the Application
This Office Action is in response to applicant’s arguments filed on 12/29/25. Claims 2-5, 7-21, 23-25, 32, 34, 36-63, 65-70 have been cancelled. Claims 76-87 have been added. Claims 1, 6, 22, 26-31, 33, 35, 64, 71-87 are pending. Claims 1, 6, 22, 26 have been amended. Claims 27-31, 33, 35, 64, 71-75 have been withdrawn for being drawn to a non-elected group. Claims 82-83 have been withdrawn for being drawn to a non-elected species. Claims 1, 6, 22, 26, 76-81, 84-87 are examined herein insofar as they read on the elected invention and species.
Applicant’s arguments have been fully considered but found not persuasive. The rejection of the last Office Action is maintained for reasons of record and repeated below for Applicant’s convenience.
Claim Rejections - 35 USC § 102
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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
Claims 1, 6, 26, 76-81, 84-87 are rejected under 35 U.S.C. 102(a) as being anticipated by Blunt et al. (US Patent Application 2011/0201642, of record).
Blunt et al. teach bioactive compounds of formula I that are useful for anti-cancer treatments (abstract) in combination with a pharmaceutically acceptable excipient (paragraph 0016). All the compounds exist as pure stereoisomers (both enantiomers and diastereomers) and any mixture of the isomers (paragraph 0079). The following are preferred compounds of formula I:
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440
504
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436
498
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354
430
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404
554
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466
534
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348
470
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372
472
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464
540
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Response to Arguments
Applicant argues that Blunt fails to recite any compounds having the stereochemical configuration at the R2/R3 position as set forth in Formula IC or ID.
This is not persuasive because Blunt’s teaching clearly encompasses all stereochemical configurations, both enantiomers and diastereomers, and any mixture of the isomers.
Applicant argues that the claimed compounds showed unexpected resistance to stringent washout resulting in sustained inhibition of cellular protein synthesis.
This is not persuasive because secondary considerations such as this alleged evidence of unexpected results cannot overcome a 102 anticipatory rejection.
Claim Objections
Claim 22 is 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.
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Yong S. Chong whose telephone number is (571)-272-8513. The examiner can normally be reached Monday to Friday: 9 AM to 5 PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Adam Milligan, can be reached at (571)-270-7674. 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).
/Yong S. Chong/Primary Examiner, Art Unit 1623