DETAILED ACTION
Election Acknowledged
Applicant’s election of
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in the reply filed on 1/14/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Applicant’s response identified claims 3, 4, 7, 16-19 as readable on the elected species however it appears this is incorrect. Claim 3 claims a structure:
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where X1 or X3 is N. However, the elected species does not have N in either position (see structure above). As a N in the X1 or X3 position is a requirement of instant claim 3, the elected species is not readable thereon and is therefore withdrawn. Claim 4 is withdrawn as being directed from claim 3.
Claims 17-19 are also withdrawn as the structure required by instant claim 17 has the same structural limitations as that required by instant claim 3. Again, the claimed structure does not have an N at the X1 or X2 position as required by instant claim 17. Claims 18 and 19 are withdrawn as being directed from claim 17.
However, no prior art was identified for the elected species and so the Examiner has expanded the search to
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.
Claims 7 and 16 are presented for examination on the merits.
The following rejections are made.
Allowable Subject Matter
Claim 7 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.
Response to Applicants’ Arguments
Applicant’s amendments filed 8/19/2025 render moot the objection of claims 5-16. This objection is withdrawn.
Applicant’s amendment filed 8/19/2025 overcomes the rejection of claim 1 made by the Examiner under 35 USC 102(a)(1) over RN 1928847-53-3. This rejection is withdrawn.
Applicant’s arguments filed 8/19/2025 regarding the rejection of claims 1-3, 5 and 7 over Karoutzou et al. (Chemistry Select, 2019, 4, 8724-8730). This rejection is withdrawn.
Applicant’s amendments filed 8/19/2025 overcomes the rejection of claims 1-3, 5, 7 and 10 made by the Examiner under 35 USC 102(a)(1) over Schuck et al. (Eu J Med Chem, 78, 2014, 375-382). This rejection is withdrawn.
Applicant’s amendments filed 8/19/2025 overcomes the rejection of claims 1-3, 5, 7 and 10 made by the Examiner under 35 USC 102(a)(1) over Liang et al. (Tetrahedron, 56, 2015, 2466-2468). This rejection is withdrawn.
Applicant’s amendments filed 8/19/2025 overcomes the rejection of claims 1-3, 5, 6 and 10 made by the Examiner under 35 USC 102(a)(1) over Eckstein et al. (DE 3145465). This rejection is withdrawn.
Applicant’s amendments filed 8/19/2025 overcomes the rejection of claims 1-3, 5, 6 and 10 made by the Examiner under 35 USC 103 over Liang et al. (Tetrahedron, 56, 2015, 2466-2468). This rejection is withdrawn.
Applicant’s amendments filed 8/19/2025 overcomes the rejection of claims 11-16 made by the Examiner under 35 USC 112(a). This rejection is withdrawn.
Rejections, Necessitated by 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.
Claim 16 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eckstein et al. (DE 3145465; translation provided).
Eckstein discloses the preparation of N-acyl derivatives tryptamines for use as therapeutic agents (e.g. analgesic, antipyretric, anti-inflammatory). An exemplified tryptamine has the structure:
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wherein R1 is H or a methoxyradical (OMe), R2 is H or methyl and R3 is a pyridyl group (see abstract) which results in the following structure:
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which reads on the structure of instant claim 16:
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wherein R1 is methyl, R2 is H, R3 is H, X1 is CH, X2 is N, X3 is CH and R7 is H.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE A PURDY whose telephone number is (571)270-3504. The examiner can normally be reached from 9AM to 5PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Bethany Barham, can be reached on 571-272-6175. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/KYLE A PURDY/Primary Examiner, Art Unit 1611
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