DETAILED ACTION
This office action is in response to applicant’s filing dated March 11, 2026.
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 allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). 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, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on March 11, 2026 has been entered.
Status of claims
Claims 17, 64 - 72 and 75 - 78 are pending in the instant application. Acknowledgment is made of Applicant’s amendments filed March 11, 2026. Acknowledgment is made of Applicant’s cancelation of claims 1 – 16, 18 – 63 and 73 -74 and addition of a new claims 75 - 78.
Claims 65 – 72 are withdrawn from consideration as being drawn to an unelected invention.
Claims 17, 64 and 75 – 78 are presently under examination. as being related to elected Group I invention.
Claim Objections
Claims 77 and 78 are 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.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 17, 64, 75 and 76 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Brienlinger et al (WO 2007/028051 A2, cited in IDS, filed 04/11/2007, hereinafter Brienlinger).
Instant claims are drawn to a compound of formula
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147
129
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or
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149
141
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and a pharmaceutical composition thereof further comprising pharmaceutically acceptable carrier.
Brienlinger teaches compound of formula
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109
170
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(page 119, Ex.#B.1) or
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107
135
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(page 120, Ex.#D.1). Brienlinger further teaches pharmaceutical compositions where said compounds are mixed with biologically suitable carriers or excipient(s) (page 29, lines 23 – 24).
Thus, teachings of Brienlinger anticipate compounds and pharmaceutical composition of claims 17, 64, 75 and 76.
Response to Arguments
Applicant argues:
- Bisaha does not describe with sufficient specificity the compounds recited in claim 17, thus,
- compounds of Bisaha do not anticipate instantly claimed compounds;
- nor is there a basis to modify Bisaha such that the specific compounds in claim 17 would be the reasonable result.
- Moreover, the four compounds recited in independent claim 17 exhibit significant inhibitory activity against CK1δ and demonstrate superior potency compared to other compounds disclosed in the application.
Examiner’s response:
Applicant's arguments have been fully considered but not found persuasive because: although reference of Bisaha is not a relevant prior art in view of amended claims, however, Brienlinger teaches compounds of identical structures as compounds of instant claims (see the rejection section above). Thus, since Brienlinger teaches compounds of the same structure as instantly claimed, all necessary properties are inherently present, because compounds of identical or similar composition cannot exert mutually exclusive properties (see also MPEP 2112.01).
Conclusion
Claims 17, 64, 75 and 76 are rejected.
Claims 77 and 78 are objected to.
No claim is allowed.
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/E.V.V./Examiner, Art Unit 1691
/SAVITHA M RAO/Primary Examiner, Art Unit 1691