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 .
Election/Restrictions
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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.
Claim(s) 1-13 are rejected under 35 U.S.C. 102 a)(1) as being anticipated by Haldar, Journal of Organic Chemistry (2013), 78(20),10192-10202 NPL in IDS 03/23/2023.
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(formula 19 in claim 5)
R1=alkoxy, R3=H; R2=H, R4=alkyl of instant base claim formula 22
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Haldar, Journal of Organic Chemistry (2013), 78(20),10192-10202 NPL in IDS 03/23/2023; Lee, KR 2061526 Publication date 20200106 (KR priority 20181205) Cite No. 1 IDS 03/23/2023; Mun, Journal of Organic Chemistry (2017), 82(12), 6349-6357 and Shah, Journal of Enzyme Inhibition and Medicinal Chemistry, October 2007; 22(5): 527–540.
Note instant case KR filing date 09/23/2020
Haldar
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(formula 19 in claim 5)
R1=alkoxy, R3=H; R2=H, R4=alkyl of instant base claim formula 22, corresponds to claimed compounds of claims 1-4, 6-13.
Lee at page 2
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R1=H, R3=hydroxyalkyl; R2=H, R4=alkyl lower homolog of formula 17 of claim 5
Also see page 3-4 for additional analogs.
Lee teach pharmaceutically acceptable salt and pharmaceutical compositions food compositions or feed compositions comprising the same having the ability to promote nerve growth factor.
As per MPEP 2144.09 Close Structural Similarity Between Chemical Compounds (Homologs, Analogues, Isomers) [R-01.2024]. Homologs (compounds differing regularly by the successive addition of the same chemical group, e.g., by -CH2- groups) are generally of sufficiently close structural and therefore obvious.
Further consider the top two compounds of compounds of claim 5. The F in these represent F substitution for H in Mun’s compound in Scheme 2 at page 6350.
In addition F substitution for H are routinely used in medicinal chemistry as per Shah at page column A page 527: “Fluorine substitution has been extensively investigated in drug research as a means of enhancing biological activity and increasing chemical or metabolic stability”
Therefore nothing unobvious is seen in the claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIZAL S CHANDRAKUMAR whose telephone number is (571)272-6202. The examiner can normally be reached M-F 8-5 EST.
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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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/NIZAL S CHANDRAKUMAR/Primary Examiner, Art Unit 1625
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