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 .
Non-Final Rejection
The Status of Claims:
Claims 1, 5,10-15,18-23, 26-27, 30 and 37-39 are pending.
Claims 1, 5,10-15, 22-23, 26-27 are rejected.
Claims 18-21, 30, 37-39 are objected.
DETAILED ACTION
1. Claims 1, 5,10-15,18-23, 26-27,30 and 37-39 are under consideration in this Office Action.
Priority
2. It is noted that this application is a continuation of 17718842 04/12/2022 (ABN )m which is a continuation of 17513361 10/28/2021(ABN), which is a continuation of 17271994 02/26/2021(ABN),is a 371 of PCT/US19/48737 08/29/2019 , which has a priority date of 62724400 08/29/2018.
Drawings
3. None.
IDS
4. The IDS filed on 3/31/23, 7/31/23, 8/25/23, 11/15/23, and 8/12/25 were
reviewed by the examiner.
Election/Restriction
Applicant’s election of a single compound without traverse of Claims 1, 5,10-15,18-23, 26-27,30 and 37-39 on 8/12/2025 is acknowledged.
The elected compound on page 142 of the application,
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is allowable.
Claim Objections
Claims 18-21, 30, 37-39 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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 5,10-15, 22-23, 26-27 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
In Claims 1 and 14, the phrase” R2 is substituted ,..bicyclic heterocyclyl “ is recited .This expression is vague and indefinite because in the absence of the specific moieties intended to effectuate modification by the “substitution” or attachment to the chemical core claimed, the term “substituted” renders the claims in which it appears indefinite in all occurrences wherein applicants fails to articulate by chemical name, structural formula or sufficiently distinct functional language, the particular moieties applicants regards as those which will facilitate substitution, requisite to identifying the composition of matter claimed.
In claims 1, 13-14, the limitation “R2 is substituted or unsubstituted bicyclic heterocyclyl, wherein at least one ring atom of the bicyclic heterocyclyl is O” is recited. This expression can be vague and indefinite because the claim does not specify what other hetero atoms are present besides oxygen atom in the other ring atom of the bicyclic heterocyclyl group in the claims. The examiner recommends to put the specific hetero atom(s) for the bicyclic heterocyclyl group in the claims.
The Close Prior Art
The close prior art to the current invention is Morgans et al (WO2018/119087), which discloses a following compound:
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. However, the claimed invention differs from the prior art in that the variable B of the claimed compound is-alkylene-(O)- and the variable R2 of the claimed compound is a substituted or unsubstituted bicyclic heterocyclyl. Therefore, it
would have been unobvious over the claimed invention.
Conclusion
Claims 1, 5,10-15, 22-23, 26-27 are rejected.
Claims 18-21, 30, 37-39 are objected.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAYLOR V OH whose telephone number is (571)272-0689. The examiner can normally be reached 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew Kosar can be reached at 571-272-0913. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TAYLOR V OH/Primary Examiner, Art Unit 1625 1/02/2026