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 Claims
Claims 51, 79-80, 84-89, 92 and 94-99 are currently pending. Claims 88-89 are withdrawn. Claims 51, 80 and 94-99 are rejected. Claims 79, 84-86 and 92 are objected to. Claim 87 is allowed.
Response to Amendment/Arguments
The amendment filed 07/30/2026 is compliant with the requirements of 37 CFR 1.121(c), accordingly the amendment has been entered. Applicant’s arguments have been fully considered and are addressed below:
Objection to the Claims
The objection of the claims for informalities has been overcome by the amendment correcting said informalities. The objection has been withdrawn.
35 USC § 112 Rejections
The rejection of claims 51, 55-61, 79-80 and 92 under 35 USC 112 has been overcome by the amendments to said claims. The rejection has been withdrawn.
35 USC § 102 Rejection
The rejection of claims 51, 55-59 and 79-80 under 35 USC 102 for being anticipated by Travins et al. in WO 2019/028362 A1 has been overcome by the amendments to said claims. The rejection has been withdrawn.
The rejection of claims 51, 55 and 79-80 under 35 USC 102 for being anticipated by Belema et al. in WO 2010/017401 has been overcome by the amendments to said claims. The rejection has been withdrawn.
Scope of the Elected Invention
In accordance with the MPEP 803.02, examination of the Markush-type claims has been extended, as necessitated by amendment, to the full scope of formula (II) as defined in claim 51 as well as the scope of formula (II) as defined in claim 95 wherein: E is -CO-; X is -CHRm-X1-X2 wherein Rm is an alkyl having 1 carbon, X1 is 5-membered heteroaryl, and X2 is hydrogen; and W is a substituted thiazolyl, a substituted heteroaryl group, which was not found allowable over the prior art.
Claims 88-89 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
New 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.
(1 of 3) Claims 51, 80 and 94 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bandi et al. in WO 2015/198263.
Bandi et al. teach the following structure:
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, see page 100. The prior art compound is embraced by instant formula (II) of claim 51 wherein:
E is -CO-, per instant claims 51, 80 and 94;
X is a substituted cycloalkyl group, per instant claims 51 and 94; and
W is represented by the formula
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wherein A6 is NH and
R6a2 is an aryl group having 6 carbon atoms, and R6a3 is hydrogen, per instant claim 51, or
R6a2 is an aryl group having 6 carbon atoms, and R6a3 is -Y6a-W6a wherein Y6a is a bond and W6a is a hydrogen, per instant claim 94.
Thus, claims 51, 80 and 94 are anticipated by the prior art.
(2 of 3) Claims 95 and 98 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Travins et al. in WO 2019/028362 A1, as cited in the PTO-892 dated 05/19/2026.
Travins et al. teach compound 38 with the following structure:
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. The prior art compound is embraced by instant formula (II) of claim 95 wherein:
E is -CO-, per instant claims 95 and 98;
X is the chloro-substituted heteroaryl imidazopyridinyl, a substituted heteroaryl group per claims 95 and 98; and
W is a substituted thiazolyl, a substituted heteroaryl group, per instant claims 95 and 98.
Thus, claims 95 and 98 are anticipated by the prior art.
(3 of 3) Claims 95-98 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CAS Registry No. 2369607-16-7, which entered Registry August 28, 2019.
CAS Registry No. 2369607-16-7 discloses the following structure:
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. The prior art compound is embraced by instant formula (II) of claim 95 wherein:
E is -CO-, per instant claims 95 and 98;
X is -CHRm-X1-X2 wherein Rm is an alkyl having 1 carbon, X1 is 5-membered heteroaryl, and X2 is hydrogen, per instant claims 95-98; and
W is a substituted thiazolyl, a substituted heteroaryl group, per instant claims 95 and 98.
Thus, claims 95-98 are anticipated by the prior art.
Allowable Subject Matter
Claim 87 is allowed. Claims 79, 84-86 and 92 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.
Conclusion
Claims 51, 80 and 94-99 are rejected.
Applicant’s amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 date of this final action.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jalisa H. Ferguson whose telephone number is (703)756-1489. The examiner can normally be reached Monday - Friday 9:00am - 5:00pm.
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/J.H.F./Examiner, Art Unit 1626
/KAMAL A SAEED/Primary Examiner, Art Unit 1626
