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 .
Response to Amendment
The amendment filed 2026 January 22 with newly amended claims 2-4, 7, 10-12, 16, 22, 26, 30, 31, 35-37, 39, 40, 42, 43, 46, 47, 50, 52, 55, 57, 60, 61, 79, and 82 are pending in the examined claim set. Based on the previous search scope of the non-final rejection, subgenerae have been searched: one, rings A and B are each phenyl and ring C is not limited; and two, variable A is phenyl, B is 1,2,4-oxadiazole, and ring C is isoxazole substituted with one methyl or isopropyl and two, phenyl. The prior art cited previously is overcome because L1 can no longer be a direct bond and variables R1 and R2 cannot be H. Variable R2 cannot be an aryl group. A search of claim 2 has been extended to the following scope: a compound of formula (I) in which ring A is pyridine; L1-R1 is ethylene-O-Me; R2 is Me; z3 is zero; ring B is imidazo[4,5-]quinoline-2-one; L2 is a bond; and ring C is methyl-substituted pyrazole. The enablement rejection is overcome because it reflects enabled subject matter.
Claim 4 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected compound, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2025 July 23.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 2026 January 22 and February 27 have been submitted in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim(s) 2, 26, and 61 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by FURET (WO 2010139731, published 2010 December 9, pages 176-177 and 465-466). Furet describes example 69 (pages 176-177). In this compound the following examined definitions apply: ring A is pyridine; L1-R1 is ethylene-O-Me; R2 is Me; z3 is zero; ring B is imidazo[4,5-]quinoline-2-one; L2 is a bond; and ring C is methyl-substituted pyrazole. Pharmaceutical compositions are described (page 465, claim 9).
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Conclusion
Claims 2, 26, and 61 are not allowed.
Claims 3, 7, 10-12, 16, 22, 30, 31, 35-37, 39, 40, 42, 43, 46, 47, 50, 52, 55, 57, 60, 79, and 82 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, based on the scope of the search executed.
The following is a statement of reasons for the indication of allowable subject matter: Mortensen (WO 2008051493, published 2008 May 2, cited in 2024 December 5 IDS) describes compound 155 (page 38). In this compound, the following examined definitions apply: ring A is phenyl; L1-R1 and R2 are each H; ring B is phenyl substituted with Cl; and ring C is unsubstituted pyrazole or pyrazole substituted with an alkyl group or isoxazole substituted with an alkyl group. This compound does not anticipate or render obvious a compound of claim 10 due to at least two differences: the fusion of a pyridyl ring to the imidazole ring; and the point of attachment of the middle phenylene ring to ring A.
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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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOBLE E JARRELL whose telephone number is (571)272-9077. The examiner can normally be reached 9:00 AM to 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fereydoun Sajjadi can be reached at 571-272-3311. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NOBLE E JARRELL/Primary Examiner, Art Unit 1699
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