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 .
DETAILED ACTION
Claims 1-7 and 10-11 are pending
Claims 6-7 is withdrawn from examination as being drawn to a nonelected specie.
Claims 1-5 and 10-11 are under consideration in the instant office action.
Election/Restrictions
Applicant's election with traverse of Group 1 (claims 1-7 and 10) and their election of species 5-Chloro-2-hydroxy-N-(4-nitrophenyl)benzamide (compound 13) in the reply filed on 04/23/2026 is acknowledged.
The traversal is on the ground(s) that the reference Chessari et al. (US 2007/0259886) is misplaced .used by the examiner to demonstrate lack of unity , Chessari does not teach, suggest, or render obvious the specific structural features and SAR optimizations of the instantly claimed salicylamides; any antiviral activity; or the use of such compounds for treating viral infections.
Examiner acknowledges applicant arguments but is not persuade. However upon further consideration, the restriction requirement is withdrawn and claim 11 is joined with Group 1 for examination.
The election of species is maintained and is expanded to include the compounds of formula I wherein R1 is chosen from OH; R2 is chosen from H, halogen, N02, or alkyl; R3 and R4 are independently chosen from H, halogen, NO2, CF3,; and n is 0.
Accordingly, claim 6-7 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 04/23/2026.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/21/2022 and 04/25/2024 complies with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609. Accordingly, it has been placed in the application file and the information therein has been considered as to the merits. See attached copy of the PTO-1449.
Priority
This application is a 371 of PCT/US2021/015072 filed on 01/26/2021 which claims benefit of priority of U.S. Provisional Patent Application No. 62/966,004 filed January 26, 2020 and U.S. Provisional Patent Application No. 63/079,118 filed September 16, 2020.
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)(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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5 and 10 are rejected under 35 U.S.C. 102 (a) (1) and under 35 U.S.C 102(a)(2) as being anticipated by Zhang et al. (J. Comb Chem, 2005, 7, 622-626)
Instant claims are drawn to compound according to formula I
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204
290
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wherein R1 is chosen from OH, -OR5 -NHSO2R5 or -NHCOR5, wherein R5 is a straight chained, or branched alkyl; R2 is chosen from H, halogen, CN, N02, amino, or alkyl; R3 and R4 are independently chosen from H, halogen, CN, NO2, CF3, mono- substituted amino, di-substituted amino, or R3 and R4 taken together with other atoms form 5- membered or 6-membered fused ring; X1, X2, and X3 are independently chosen from CH and N; and n is 0, 1, or 2.
Zhang et al. discloses salicylamide compounds of Formula (page 623)
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72
164
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Where the variables are defined as follows
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338
804
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In the above table compounds 3, 6 and 12 are compounds encompassed by the instantly claimed compound of formula 1.
Therefore the compounds disclosed by Zhang et al. fully anticipates instant claims 1-5 and 10
Claims 1-5 and 10 are rejected under 35 U.S.C. 102 (a) (1) and under 35 U.S.C 102(a)(2) as being anticipated by Goennert et al. (Med Chem, Abhand Med. Chem, 1963, 7, 540-67, abstract from STN)
Instant claims are drawn to compound according to formula I shown above
Goennert R discloses Benzamide, 5-chlor,-2-hydroxy-N- (4-nitrophenyl) compound as shown below
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659
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which anticipates the instantly elected compound 5-Chloro-2-hydroxy-N-(4-nitrophenyl)benzamide (compound 13) recited in instant claim 10 (See the attached abstract)
Therefore the compounds disclosed by Goennert et al. fully anticipates instant claims 1-5 and 10
Claims 1-5 and 10 -11 are rejected under 35 U.S.C. 102 (a) (1) and under 35 U.S.C 102(a)(2) as being anticipated by Kratky et al. (Mini-reviews in medicinal chemistry, 2011, 11, 956-967, reference already of record in IDS 09/21/2022).
Instant claims are drawn to compound according to formula I shown above and its use as an antiviral.
Kratky et al. discloses in Table 1 antiviral compounds that fall within the scope of instantly claimed compound of formula I,
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364
551
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All three compounds are of the type R1=OH, R2+ Cl, n=0, X1=X2=X3 = CH ,R3= Cl and R4 = NO2, Cl or CF3. . The compound with R3= Cl and R4 = CF3 is identical to compound 14 in instant claim 10.
Therefore the compounds disclosed by Kratky et al. fully anticipates instant claims 1-5 and 10
Conclusion
Claims 1-5 and 10-11 are rejected. No claims are allowed
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAVITHA RAO whose telephone number is (571)270-5315. The examiner can normally be reached on Mon-Fri 7 am to 4 pm..
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dierdre (Renee) Claytor can be reached on (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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/SAVITHA M RAO/ Primary Examiner, Art Unit 1691
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