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 .
Applicant’s amendments and remarks filed March 11, 2026 have been received and reviewed. Claims 1-6, 8-9, 12, 20-26 and 44-51 are now pending in this application.
Claims 1-3, 12 and 20-26 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected subject matter. In response to this office action, Applicants need to cancel these claims or take other appropriate action.
Claim Rejections - 35 USC § 112
Claims 4-7, 8-9 and 44 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.
i) Claim 4 now states a “compound, comprising” which still renders the claims open-ended. The term “compound” is suggested because a “composition” necessarily requires at least two ingredients to be present and the term “comprising” leaves the metes and bounds of the claim unascertainable. Appropriate correction is required. Replacing “comprising” with “of formula” or “having the formula” or other alternative definite language is suggested.
iii) Regarding the term “substituted” without saying which substituents are intended, Applicants point to the specification for support. However, the definitions Applicants’ point to are flawed and open-ended and mere examples. Applicants should list the intended substituents into the claims. Ketone, aldehyde, ester and amide, for example, are classes of compounds and not substituents. It is unclear which substituent is intended.
iv) Regarding the term “heterocyclyl,” Applicants have amended the claims to limit the rings to 5- to 10-membered monocyclic rings. The definition in the specification includes heteroaryl groups. However, it is still not known how many and which heteroatoms make up the ring. The specification is open-ended with mere examples. In addition, language which is clearly non-limiting which reads “heteroatoms include, but are not limited to nitrogen, oxygen and sulfur” is used. The claims need to state which heteroatoms are present and how many may be present. If only the examples, i.e., N, O or S are intended, these can easily be incorporated into the claims.
vi) In claim 8, the pharmaceutical composition should have “an effective amount of a compound according to claim 4” for the pharmaceutical composition to work as intended. Also, the claim now has “or salt” which is not present in claim 4 and, therefore, lacks antecedent basis.
vii) Claim 9 is a duplicate of claim 4 as it is drawn to the same compound.
Claims 45-51 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.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRUCK KIFLE whose telephone number is (571)272-0668. The examiner can normally be reached 8 AM - 6 PM, M-F.
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 at 571-272-9023. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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March 26, 2026
/BRUCK KIFLE/Primary Examiner, Art Unit 1624
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