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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 May 1, 2026 has been entered.
Claims Status and Response to Amendments
The amendments filed May 1, 2026, have been acknowledged and entered. Claims 1-6, 10-14 and 21-27 are pending.
Election/Restriction
The present examination is based on Applicant’s election without traverse of Group I (presently claims 1-6 and 10-14) and the species corresponding to 2-((4-(6-(4-chlorophenyl)-2-(pyridin-3-yl)pyrimidin-4-yl)piperazin-l-yl)sulfonyl)ethan-l-ol (Example 239) in the reply filed July 8, 2025.
Applicant amendments filed May 1, 2026 overcame the art rejection set forth in the previous office action. The search has therefore been expanded in view of the amended claims to Formula (I) and new art was found. Claims 1-6 and 10-14 read on the expanded subgenus.
Claim 21-27 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on July 8, 2025.
Withdrawn Rejections
Applicant is notified that any outstanding rejection or objection that is not expressly maintained in this Office Action has been withdrawn or rendered moot in view of Applicant' s amendments and/or
remarks.
Claims Objections and Allowable Subject Matter
Claims 13 is objected to because of the following informalities:
Claim 13 is objected to for having multiple periods. See claim 13, many of the recited compound numbers have a period after the number (e.g. see
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…). MPEP 608.01(m) states each claim begins with a capital letter and ends with a period. Periods may not be used elsewhere in the claims except for abbreviations. See Fressola v. Manbeck, 36 USPQ2d 1211 (D.D.C. 1995). Where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation, 37 CFR 1.75(i). The claims should be amended to remove the extra periods. Compounds may be separated, for instance, by a semi colon.
Appropriate correction is required.
Response to Arguments
Applicant' s arguments filed May 1, 2026 have been fully considered but they are not persuasive.
Applicant states the numbering of the compounds in Claim 13 has been corrected with parentheses, and the listed compounds are now separated by semicolons (page 1 of remarks).
This argument is not found persuasive because claim 13 still has multiple periods as set forth above. For instance, at least compounds labeled 46-52 (see above) are still listed with a number and a period. The extra periods should be deleted and compounds may be separated, for instance, by a semi colon.
The rejection is still deemed proper and thus maintained.
Claim 13 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 and rewritten to overcome the objection above regarding multiple periods.
The following is a statement of reasons for the indication of allowable subject matter: The closest references to the instant claim are Tsuzuki et al. (WO2009/125870 A1)(hereinafter “Tsuzuki”) and Sheridan et al. (WO2012/080729 A2)(hereinafter “Sheridan”) which are discussed in the rejections herein. Tsuzuki and Sheridan do not teach the required claim limitations and there is no teaching or suggestion which would have motivated a person of ordinary skill in the art before the effective filing date of the instant application to selectively modify a compound of the references into the claimed invention with any reasonable expectation of success.
Rejections Necessitated by Applicant Amendment
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.
Claims 1, 3, 5-6, 10-12 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsuzuki et al. (WO2009/125870 A1)(hereinafter “Tsuzuki”).
Tsuzuki teaches compounds 393-396 (see page 115, compounds 393-396; pictured below for convenience) which correspond to instant Formula (I) wherein X1 and X2 are N; X3 is CR2 wherein R2 is H; Ar1 and Ar2 are each phenyl substituted with halo (F and/or Cl) ; E and D form a monocyclic C4 or C5 heterocycloalkyl ring comprising 1 N atom (piperidinyl or pyrrolidinyl); G is –(CO)O-; and R1 is C1 or C2 alkyl. Tsuzuki further teaches a pharmaceutical composition comprising compounds 393-396 and a pharmaceutically acceptable carrier (see page 22, lines 15-20, compounds of the present invention can be used as pharmaceutical preparations such tablets with a pharmaceutically acceptable carrier).
Tsuzuki teaches each and every claim limitation and therefore anticipates the invention.
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Claim 1-6, 10-12 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sheridan et al. (WO2012/080729 A2)(hereinafter “Sheridan”).
Sheridan teaches compound 180 (see page 64, compound 180; pictured below for convenience) which correspond to instant Formula (I) wherein X1 and X2 are N; X3 is CR2 wherein R2 is H; Ar1 is unsubstituted pyridinyl; Ar2 is phenyl substituted with halo (F) ; E and D form a monocyclic C4 heterocycloalkyl ring comprising 2 N atoms (piperazinyl); G is –(CO)O-; and R1 is C2 alkyl. Sheridan further teaches a pharmaceutical composition comprising compound 180 and a pharmaceutically acceptable carrier (see page 229, lines 1-15, pharmaceutical compositions of the invention may comprise…a pharmaceutically acceptable carrier).
Sheridan teaches each and every claim limitation and therefore anticipates the invention.
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Conclusion
No claim is allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN MARTIN whose telephone number is (571)270-0917. The examiner can normally be reached Monday - Friday 8 am - 5 pm.
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June 4, 2026
/KEVIN S MARTIN/Examiner, Art Unit 1624
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