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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 February 09, 2026 has been entered.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Status
Claims 3-4, 8, 13, 16, 18-19, 25-27 and 29 are canceled. Claim 30 is new. Thus, claims 1-2, 5-7, 9-12, 14-15, 17, 20-24, 28 and 30 as amended are examined on the merits herein.
Withdrawn Objections and Rejections
With respect to the objections and/or rejections mailed in the final office action on November 20, 2025:
(I) The rejection of claim 28 under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph is withdrawn in view of Applicant’s amendment to claim 28.
(II) The rejection of claims 1-2, 5-7, 9-12, 14-15, 17, 22-24 and 28 under 35 U.S.C. 103 is withdrawn in view of Applicant’s amendment to independent claim 1 and independent claim 28.
Claim Objections
Claims 1, 12, 15 and 20 are objected to because of the following informalities:
(I) Claim 1, pg. 3 of 29, line 21 recites -C1-C6 haloalkoxy and C2-C6 haloalkenyl, which the Examiner respectfully notes is (i) missing a comma immediately after the recitation “-C1-C6 haloalkoxy” and (ii) recites a superfluous “and” immediately before the recitation “C2-C6 haloalkenyl”, as the Examiner respectfully notes an “and” is already recited before the last species in claim 1, pg. 3 of 29, line 22.
Thus, to promote clarity the Examiner respectfully suggests (i) add a comma before the recitation “-C1-C6 haloalkoxy” as discussed above and (ii) delete the superfluous “and” recited immediately before “C2-C6 haloalkenyl” as discussed above.
(II) Claim 12, pg. 5 of 29, lines 1-3; and Claim 15, lines 4-6; each recites the phrase “(NHCH2CH2)y-Glc, -(NHCH2CH2)y-Gal, -(NHCH2CH2)y-Man, -(NHCH2CH2)y-GlcNAc, -(NHCH2CH2)y-MurNAc, -(NHCH2CH2)y-ManNac, -(NHCH2CH2)y-GalNAc, -(NHCH2CH2)y-cellbiose and -(NHCH2CH2)y-maltose, where y is 0 or 1”.
The Examiner notes before the recitation of each carbohydrate the limitation “-(NHCH2CH2)y” is recited where y is 0 or 1.
However, the Examiner respectfully notes claim 12 and claim 15 both depend from claim 1. The Examiner further respectfully notes in claim 1, pg. 3 of 29, lines 1-4 and lines 7-10 before the recitation of each carbohydrate the limitation “-(NHCH2CH2)x” is recited where x is 0 or 1.
Therefore, the Examiner respectfully notes the carbohydrates recited in claim 12 and claim 15 as discussed above are inconsistent with the carbohydrates that are recited in claim 1, specifically the variable within “-(NHCH2CH2)” is x in claim 1, however in claims 12 and 15 its “y”.
Thus, to promote clarity and consistency the Examiner respectfully suggests replacing each carbohydrate recited in claim 12 and claim 15 with their corresponding carbohydrate as recited in claim 1, lines 1-4 and lines 7-10 as discussed above.
(III) Claim 20, line 1, recites “-Ph-“ which is consistent with the recitation of “Ph” within claim 1, pg. 3 of 29, line 12. The Examiner respectfully notes claim 20 depends from claim 1.
Thus, to promote clarity and consistency the Examiner respectfully suggests replacing “-Ph-“ as recited in claim 20 above with “Ph” as recited in claim 1 as discussed above.
Appropriate correction is required.
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.
Claim 28 recites the limitation "the compound of formula (I)" in line 2. There is insufficient antecedent basis for this limitation in the claim. The Examiner respectfully notes the phrase “the compound of formula (I)” lacks antecedent basis as this is the first instance where the limitation “compound of formula (I)” is recited within claim 28.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 2, 5-7 and 21 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
(I) Regarding claim 2, line 1, the claim recites the phrase “The compound of formula 1”. The Examiner respectfully notes claim 2 does not depend from an independent claim nor does claim 2 depend from a preceding claim that ultimately depends from an independent claim.
In the interest of compact prosecution, the Examiner will interpret claim 2 depends from claim 1, in view of claim 2 reciting R1 which is a limitation within formula (I) of claim 1.
(II) Regarding claim 2, lines 3-4; and claim 7, lines 2-4 each recite the phrase “-C1-C4 alkyl-[O(CH2)m]n-O(CH2)m-1CH3, where m is selected from 2 and 3 and n is selected from 0 to 20 and -C2-C12 alkyl-S-S-C1-C12 alkyl”.
However, the Examiner respectfully notes claim 1 does not recite either of these limitations as claim 2 depends from claim 1 as interpreted by the Examiner above; and claim 7 depends from claim 1.
Moreover, in view of the recitation of R1 being a substituted alkyl, see claim 1, line 4; the possible substitutions of the alkyl do not include alkoxys, for example included in the recitation of “-C1-C4 alkyl-[O(CH2)m]n-O(CH2)m-1CH3”; or disulfides within the recitation of “-C2-C12 alkyl-S-S-C1-C12 alkyl” as discussed above, see claim 1, pg. 3 of 29, lines 19-22.
(III) Regarding claim 5, line 2 and line 4; and claim 6, last line of the claim, second structure recited, claim 5 recites the limitation “-chlorobisphenyl” and claim 6 depicts the structure of chlorobisphenyl as the second recited structure within the last line of claim 6.
The Examiner respectfully notes claim 5 depends from claim 1 which recites wherein R1 is a substituted alkylaryl.
However, within claim 1, pg. 3 of 29, lines 19-22, these lines do not recite the substituted alkylaryl can be substituted with a haloaryl, specifically a chloro-substituted phenyl as required within the -chlorobisphenyl limitation as recited within claims 5 and 6 as discussed above.
(IV) Regarding claim 10, lines 2-3, the claim recites the phrase “-C1-C4 alkyl-[O(CH2)m]n-O(CH2)m-1CH3, where m is selected from 2 and 3 and n is selected from 0 to 20”.
However, in view of the recitation of R1 being a substituted alkyl, see claim 1, line 4; the possible substitutions of the alkyl do not include alkoxys, for example included in the recitation of “-C1-C4 alkyl-[O(CH2)m]n-O(CH2)m-1CH3” as discussed in greater detail above, see claim 1, pg. 3 of 29, lines 19-22.
(V) Claim 21, pg. 6 of 29, lines 1-2, all recited structures; pg. 7 of 29, line 1, all recited structures and line 2, the first recited structure; pg. 8 of 29, line 2, all recited structures; pg. 9 of 29, line 1, all recited structures and line 2, the first recited structure.
The Examiner respectfully notes claim 21 depends from claim 1. The Examiner also respectfully notes all of the structures recited above within claim 21 depict a hydrogen atom at the identical position of R1 of formula (I) of claim 1.
However, the Examiner further respectfully notes “R1” of formula (I) recited within claim 1 does not include a hydrogen atom (H) as a possible option.
(VI) Claim 21, pg. 9 of 29, line 1, first recited structure. The Examiner respectfully notes that claim 21 depends from claim 1. The Examiner also respectfully notes the first recited structure within line 1 comprises a -chlorobisphenyl at the identical position of “R2” of formula (I) of claim 1.
The Examiner respectfully notes R2 of formula (I) of claim 1 includes a substituted alkylaryl. However, the Examiner also respectfully notes within claim 1, pg. 3 of 29, lines 19-22, these lines do not recite the substituted alkylaryl can be substituted with a haloaryl, specifically a chloro-substituted phenyl as required within the -chlorobisphenyl limitation as recited within the first recited structure within claim 20, pg. 9 of 29, line 1.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Closest Prior Art
Regarding independent claims 1, 28 and 30, Linsell et al. (Published 07 March 2002, US-20020028770-A1, PTO-892 mailed 06/13/2025) teaches novel saccharide glycopeptide derivatives having highly effective antibacterial activity, see paragraph [0009]. Linsell defines “glycopeptide” to refer to oligopeptide antibiotics, characterized by a multi-ring peptide core optionally substituted with saccharide groups, such as vancomycin, see paragraph [0148]. Linsell teaches processes and intermediates useful for preparing compounds of the invention, see paragraph [0085].
Linsell teaches the preferred compound is a glycopeptide of formula (II):
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756
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, see pg. 6, left column, formula (II); wherein at least one of R3 and R5 is a substituent that comprises a saccharide group and a carboxy group, see pg. 6, paragraph [0081]; R19 is hydrogen, see pg. 6, paragraph [0077]; and R20 is Rf, see pg. 6, paragraph [0078].
Linsell teaches Rf is selected from the group consisting of and including a substituted alkyl, see pg. 4, paragraph [0046]. Linsell defines “substituted alkyl” to include an alkyl group; wherein the alkyl group has preferably 1 to 6 carbon atoms (e.g. the methylene and L1 recited in formula (I) of claim 1; and wherein L1 is a C5-alkylene, required in claim 18), see pg. 8, paragraph [0092]; and wherein the substituted alkyl has 1 to 3 substituents, see pg. 8, paragraph [0093]. Linsell teaches the substituents are selected from the group consisting of and including a guanido (e.g. the guanidino moiety recited in formula (I) of claim 1, wherein R1=R2=H) and aryl, see pg. 8, paragraph [0092], line 8.
The Examiner reasonably interprets that when R3 is a carboxy group and R5 is a saccharide group as taught in formula (II) of Linsell it will meet the structural limitations of formula (I) of instant claim 1 when R3 is -OH and R5 is a carbohydrate.
Regarding claim 22-24 and 28, Linsell teaches a pharmaceutical composition comprising a pharmaceutically acceptable carrier and a therapeutically effective amount of a compound of the invention, see paragraph [0083].
Linsell teaches the glycopeptide can be formulated for oral or parenteral administration for the therapeutic or prophylactic treatment of bacterial infections, see paragraph [0196]; and wherein the compounds of the invention and their pharmaceutically acceptable salts that are active when given parenterally can be formulated for intravenous administration, see paragraph [0204]. Linsell also teaches formulation example E which is representative of a pharmaceutical composition for injection of a compound of this invention, see paragraph [0220].
Linsell teaches pharmaceutical formulations described in formulation examples H and I can be administered intravenously to a patient by the appropriate medical personnel to treat or prevent gram-positive infections, see paragraph [0229].
Although, Linsell does not teach (a) wherein the guanido group within formula (II) is substituted with an alkyl as required in either R1 and/or R2 of formula (I) in claim 1, lines 4-9; claim 28, lines 5-10; and claim 30, lines 4-9; (b) where L1 is a linker selected from -(C1-C4 alkyl)Ph-, and -Ph-, as required in claim 1, pg. 3 of 29, lines 11-12 and claim 28, line 13; and (c) where L1 is a linker selected from -CH2Ph-, and -Ph-, as required in claim 30, pg. 12 of 29, line 10.
However, in the same field of endeavor of preparing novel saccharide glycopeptide derivatives, the Examiner respectfully notes Linsell already teaches a guanidino group and a aryl group at the identical position as required in formula (I) of instant claim 1 as discussed above.
Moreover, Brown ("Bioisosterism in Medicinal Chemistry" in: Brown, N., Bioisoteres in Medicinal Chemistry (Weinheim, Wiley-VCH Verlag & Co. KGaA, 2012), pp. 3-14, PTO-892 mailed 11/20/2025) teaches bioisosterism in medicinal chemistry, see pg. 3, title. Brown teaches some examples of classical bioisosteres where groups in each row are equivalent; Brown exemplifies a CH3 (methyl) group is equivalent for H (a hydrogen atom), see pg. 7, table 1.3, monovalent bioisosteres.
The Examiner respectfully notes when either or both hydrogen atoms (H) of the guanido group taught by Linsell above are substituted with a methyl group as taught by Brown, the resulting combination of Linsell and Brown would correspond to the limitation where R1 and/or R2 is unsubstituted alkyl as recited in formula (I) of claim 1 as defined by the specification for the term “alkyl” (see pg. 6, paragraph [0020]).
However, in view of the teachings of Linsell and Brown above, and further in view of the recitations of independent claims 1, 28 and 30. The Examiner respectfully notes neither Linsell nor Brown alone or in combination teach where the guanido group is connected to a linker (L1) which is selected from only -(C1-C4 alkyl)Ph- and -Ph- as required in claim 1 and claim 28; or selected from only -CH2Ph- and -Ph-, as required in claim 30 as discussed above.
The Examiner reasonably interprets the “Ph” as recited within these claims is a phenylene; as evidenced by the specification which discloses “L1 may be selected from –(C1-C4 alkyl)arylene-, for example -CH2Ph-, see pg. 22, paragraph [0069].
The Examiner further respectfully notes the teachings of Linsell and Brown as discussed above do not anticipate nor make obvious the compounds of formula (I) of independent claims 1, 28 and 30; nor do the teachings of Linsell and Brown alone or in combination teach or suggest why the linker (L1), recited in each of instant claims 1, 28 and 30, linking the guanidino group to the vancosamine within formula (I) as depicted in claim 1, claim 28 and claim 30; is restricted to only be selected from -(C1-C4 alkyl)Ph- and -Ph- as required in claims 1 and 28; or -CH2Ph- and -Ph-, as required in claim 30 as discussed above.
Thus, in view of the foregoing reasons above, the teachings of Linsell and Brown do not anticipate nor make obvious the compounds of formula (I) of independent claims 1, 28 and 30.
Claims 2, 5-7, 9-12, 14-15, 17 and 20-24 depend from or rely on the compound of independent claim 1.
Allowable Subject Matter
(I) Independent claims 1 and 28 are free of the prior art as neither Linsell nor Brown alone or in combination anticipate or make obvious the compounds of formula (I) of claim 1 or claim 28.
Therefore, claims 2, 5-7, 9-12, 14-15, 17 and 20-24 are free of the prior art as each claim either depends from or relies on the compound of independent claim 1.
The Examiner also respectfully notes claims 9, 11, 14, 17 and 22-24 are objected to in view of the objection to claim 1, wherein the Examiner respectfully notes these claims either depend from or rely on the compounds of claim 1.
Accordingly, as allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
(II) Claim 30 is allowed.
The following is a statement of reasons for the indication of allowable subject matter: The teachings of Linsell and Brown neither alone nor in combination anticipate or make obvious the compounds of independent claim 30 for the reasons stated above.
Conclusion
Claim 30 is allowed in this action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JARET J CREWS whose telephone number is (571)270-0962. The examiner can normally be reached Monday-Friday: 9:00am-5:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Renee Claytor can be reached at (571) 272-8394. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JARET J CREWS/Examiner, Art Unit 1691
/RENEE CLAYTOR/Supervisory Patent Examiner, Art Unit 1691