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 .
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/18/2026 has been entered.
Current Status of 17/989,981
The rejections of record are withdrawn below.
This Office Action is responsive to the amended claims of 8/18/2026.
Examiner has searched the full scope of pharmaceutical composition containing compounds of formula (V) of base claims 26 and 111. Examiner has searched the full scope of pharmaceutical composition containing compounds of formula (VIII) of base claim 100.
Claims 26, 67-69, 96-99, 100-111 are examined on the merits.
Priority
The instant application claims priority to abandoned US application 16/961,201, which is a 371 of PCT/US2019/012612, filed on 01/08/2019, which claims priority to 62/615,886, filed on 01/10/2018.
Claims have support from 62/615,886, therefore 01/10/2018 is assigned as the instant application’s effective filing date.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/18/2026, and 8/20/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Arguments
Applicants’ claim amendments and Remarks of 08/18/2026 are acknowledged and have been considered.
Any rejection and/or objection not specifically addressed or modified below is herein withdrawn.
In regard to the obviousness rejection, this rejection is withdrawn. Applicants amended base claim 26 to include an amount which is not taught by ACS or Purdue.
In regard to new independent claim 111, Examiner understands that this claim includes the limitations from previously presented claim 99, and has searched this formula below.
Response to Amendment
Claim Objections
Claim 100 is objected to because of the following informalities: Claim 100 has the limitation (b) which does not have subscripts for the different carbon groups (for example C1-6 alkyl). Appropriate correction is required.
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 26, 67-69, 96-99, 100-111 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 26 recites the limitation "R1a”, "R1b", and "R1c" in the limitation describing E1 and E2. These limitations ("R1a”, "R1b", and "R1c") are not defined anywhere in claim 26. There is insufficient antecedent basis for this limitation in the claim.
Claims 67-69, and 96-99 are similarly rejected as these claims refer back to claim 26, but do not remedy the rationale underpinning the basis for this rejection.
Claim 100 recites the limitation "R1a”, "R1b", and "R1c" in the limitation describing E1 and E2. These limitations ("R1a”, "R1b", and "R1c") are not defined anywhere in claim 100. There is insufficient antecedent basis for this limitation in the claim.
Additionally, Claim 100 recites the limitation “wherein the U1 and V1 containing ring is 5- or 6 membered heteroarylene or phenylene”. The limitation of U1 and V1 being allowed to be a 5 membered phenylene is not possible as the definition of phenylene specifically is a 6 membered ring. Thus, the metes and bounds of claim 100 are unclear, and claim 100 is indefinite.
Similarly, Claim 100 recites the limitation “wherein the U2 and V2 containing ring is 5- or 6 membered heteroarylene or phenylene”. The limitation of U2 and V2 being allowed to be a 5 membered phenylene is not possible as the definition of phenylene specifically is a 6 membered ring. Thus, the metes and bounds of claim 100 are unclear, and claim 100 is indefinite.
Claim 100 also recites the limitation “and at least one of the two rings is heteroarylene”. Examiner is unsure which two rings are being referred to. There are 4 rings discussed (U1, V1, U2 and V2).
Claims 101-110 are similarly rejected as these claims refer back to base claim 100, but do not remedy the rationale underpinning the basis for the rejections above.
Claim 111 recites the limitation "R1a”, "R1b", and "R1c" in the limitation describing E1 and E2. These limitations ("R1a”, "R1b", and "R1c") are not defined anywhere in claim 111. There is insufficient antecedent basis for this limitation in the claim.
Close Art
Examiner found CN 101376637 A, which discloses a pharmaceutical composition containing a compound with a CAS number of 1133832-92-4 (depicted below).
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236
668
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This is close art and not prior art because although it is published before the effective filing date, the ring in the middle is different compared to the instant ring (which is substituted by R3a). There are no teachings, motivations, or suggestions to change this to the instant carbocycle. Additionally, Examiner is unsure (because of the indefiniteness described above) if E1 and E2 can be selected to be -COOCH2CH3 (like the above compound).
CN 101186586A was also considered to be close art, which discusses pharmaceutical composition containing a compound with a CAS number of 1033295-91-8 (depicted below).
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327
515
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This is close art and not prior art because although it is published before the effective filing date, the ring in the middle is different compared to the instant ring (which is substituted by R3a). There are no teachings, motivations, or suggestions to change this to the instant carbocycle. Additionally, R3a cannot be alkoxyl.
Conclusion
No claims are allowed as currently.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GILLIAN A HUTTER whose telephone number is (571)272-6323. The examiner can normally be reached M-F 7:30-5.
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/G.A.H./ Examiner, Art Unit 1625 /Andrew D Kosar/Supervisory Patent Examiner, Art Unit 1625
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