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 .
Priority
The present Application, filed March 9, 2023, is a national stage entry under 35 U.S.C. § 371 of International Patent Application No. PCT/CN2021/116256, filed September 2, 2021, which claims priority to Chinese Patent Application Nos. CN202110426935.6 and CN202010943478.3, filed April 20, 2021 and September 9, 2020, respectively.
Election/Restrictions
In the Response of January 16, 2026 to the Restriction Requirement of November 17, 2025, Applicant has elected Group I, corresponding to claims 1-18 and 25, without traverse. Applicant has further elected the species corresponding to instant Compound 131, and noted that this species corresponds to claims 1-2, 9-12, 14-15, 18, and 25. For the present examination and consistent with the election of species, claim 25 is regarded as being directed solely to compositions containing compounds of Formula I or II.
Status of the Claims
In the amendment filed March 9, 2023, claims 22-23 are canceled and claims 3, 9-11, 14-16, 18-19, 21, and 24-25 are amended. Claims 1-21 and 24-25 are currently pending with claims 3-8, 13, 16-17, 19-21, and 24 being withdrawn.
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on July 18, 2023 and February 10, 2026 are acknowledged.
Claim Objections
Claim 1 is objected to because of the following informalities: in the preamble, line 1, the word stereoisomer is misspelled as “stereisomer.” Appropriate correction is required.
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.
Claims 1-2, 9-11, 14-15, and 25 are anticipated by Feng:
Claims 1-2, 9-11, 14-15, and 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by International Patent Application Publication No. WO2011/050245 to Feng et al. (hereinafter, “Feng”).
Claim 1 recites compounds of Formula I
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194
256
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where the variable moieties are as defined.
Feng teaches compounds useful as inhibitors of various kinases (Abstract). Feng teaches a variety of compounds that are species of instant claim 1, such as Compound No. 213 (Scheme 121):
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74
174
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Compound 213 of Feng is a compound of instant Formula I where X1 is CH; X2 is NR1 and R1 is ethyl; X3 is N; R2B is R2-B where R2 is methylene and ring B is pyridyl (6-membered heteroaryl); each of R3, R4, and R5 is H; and ring A is 1,7-diazaindene (9-membered heteroaryl). Because Compound No. 213 of Feng is a compound of instant Formula I, claim 1 is anticipated.
Claim 2 recites a compound of Formula II
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167
211
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,
a sub-genus of Formula I, in which X2 is limited to N-R1 and R4 and R5 are limited to hydrogen. Compound 213 of Feng meets each of these additional limitations, and claim 2 is therefore likewise anticipated.
With respect to claim 9, the moiety corresponding to instant R1 in Feng Compound No. 213 is ethyl (C2 alkyl). With respect to claim 10, as noted, R4 and R5 are each hydrogen, and X1 is CH (-CR6- where R6 is hydrogen). With respect to claim 11, as noted in Feng Compound 213, instant ring A is unsubstituted 1,7-diazaindene (9-membered heteroaryl).
With respect to claim 14, as noted in Feng Compound 213, instant R2 is methylene (unsubstituted C1 alkylene) and ring B is pyridyl (unsubstituted 6-membered heteroaryl). With respect to claim 15, as noted in Feng Compound 213, instant R3 is hydrogen. With respect to claim 25, Feng teaches pharmaceutical compositions comprising a disclosed compound (e.g. compound No. 213) and a pharmaceutically acceptable excipient (pg. 9, lines 6-7).
Allowable Subject Matter
Claims 12 and 18 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER K SHOWALTER whose telephone number is (571)270-0610. The examiner can normally be reached M-F 9:00 am to 5:00 pm, eastern time.
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/ALEXANDER K. SHOWALTER/Examiner, Art Unit 1629
/JEFFREY S LUNDGREN/Supervisory Patent Examiner, Art Unit 1629
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