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 23-39 are pending. Claims 24 and 26-39 are withdrawn. Claim 25 is objected. Claim 23 is rejected.
Response to Amendment/Arguments
The amendment filed 8/19/2026 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:
Restriction/Election
Applicant affirms the provisional election of Group I (claims 23-31) and of the species recited in claim 25 without traverse.
New claim 39 is drawn to a non-elected species that is independent and distinct from the elected species for reasons of record (outlined in the Non Final Office action mailed 6/3/2025 on p. 4). Claims 23 and 25 read on the elected species. Therefore, claims 24 and 26-39 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Objection to the Claims
The objection of the claim 23 has been overcome by the amendment deleting a duplicate species. The objection has been withdrawn.
35 USC § 102(a)(1) Rejection
The anticipation rejection of claim 23 over Abbot et al. (pub. 8/4/2020) is maintained. Applicant argues that the removal of last compound listed in claim 23,
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, affords the claim the earlier priority date of 3/24/2020 (corresponding to the filing date of provisional application 62/994,259). This is not found persuasive, because several other compounds in claim 23 are not supported by the ‘259 application. Atleast the following compounds are not supported by the ‘259 application:
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These compounds are also not supported by provisional application 63/139,394 (filed 1/20/2021). The earliest effective filing date of claim 23 is the PCT filing date of 3/24/2021. Since Abott has a qualifying prior art date (later than the effective filing date of the claims), the rejection is maintained.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/25/2026 is in compliance with the provisions of 37 CFR 1.97 and 37 CFR 1.98. Accordingly, the IDS has been considered by the examiner and a signed copy is enclosed herewith.
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 23 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abbott et al. Mol. Cancer. Ther. 2020, 19, 1598-1612 (pub. August 4, 2020).
Abbott et al. teaches the following anticipatory compounds in Figure A (p. 1606):
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. These compounds are identical to the following claimed compounds on page 3:
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.
Allowable Subject Matter
Claim 25 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.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMANDA L AGUIRRE whose telephone number is (571)272-5592. The examiner can normally be reached 10 am-6 pm MST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JEFFREY H MURRAY can be reached on 571-272-9023. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AMANDA L. AGUIRRE/ Primary Examiner, Art Unit 1626
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