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 .
Priority
This application, filed 08/25/2023 is a National Stage entry of PCT/CN2021/109563, International Filing Date: 07/30/2021. PCT/CN2021/109563 claims foreign priority to 202010759391.0, filed 07/31/2020; and claims foreign priority to 202010759395.9, filed 07/31/2020. Certified copies of the foreign priority applications are of record.
Status of Claims
Claims 1-21 are currently pending.
Claims 1-21 were examined. Claims 2-3 and 9 are rejected. Claims 1, 4-8, and 10-21 are allowed.
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 2 and 9 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 2 depends directly from claim 1 and recites the alkyl, alkenyl, alkynyl, cycloalkyl, heterocyclyl, alkoxy, alkylcarboxyl, alkylester, alkyl-OH, alkylamino, -alkyl-NH2, aryl, heteroaryl, carbonate, carbamate, -alkyl-acylamino, and aminocarbonate groups to be optionally substituted. However, other than being optionally deuterated, claim 1 doesn’t recite the above groups to be alternatively substituted with other groups. There is insufficient antecedent basis for these limitations in the claim, and the claim is indefinite.
Claim 9 is drawn to a process of preparing a compound but appears to be missing some vital steps:
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. There are two arrows shown above indicating transformations to arrive at the final compound, however, the specific steps, e.g., reagents and/or reaction conditions are not provided. The metes and bounds of the claim aren’t clear, and the claim is indefinite.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 3 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 3 depends directly from claim 1 and recites “wherein n is 0, 1, 2, 3, 4, 5, or 6; and m is 0, 1, 2, 3, 4, or 5”. However, these limitations are already present in claim 1, and the claim therefore doesn’t further limit claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: the compounds of formula I are not taught or suggested by the prior art. Wang et. al., CN 105294666 A, publ. 2/3/2016, cited in an IDS, represents the most relevant prior art. Wang teaches pyrazine compounds that are bound via a linker to a phenyl ring. However, the compounds taught by Wang don’t have the linking group required by formula I of the instant claims:
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. Wang doesn’t teach or suggest modifications to arrive at the claimed compounds.
Information Disclosure Statement
The IDS filed on 1/19/24 has been considered.
Correspondence
Claims 1-21 were examined. Claims 2-3 and 9 are rejected. Claims 1, 4-8, and 10-21 are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH PIHONAK whose telephone number is (571)270-7710. The examiner can normally be reached Monday-Friday 9:00-5:30 EST.
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SARAH . PIHONAK
Primary Examiner
Art Unit 1627
/SARAH PIHONAK/Primary Examiner, Art Unit 1627