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 .
Status of the Claims
Claims 1-38 are pending.
Claims 36-38 are withdrawn (see election/restriction below).
Priority
Applicant’s claim for benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged. This claims priority to Provisional Patent Application number 63/320,913 filed on 3/17/2022.
Information Disclosure Statement
All references from IDS(s) received 06/07/2024 and 06/12/2024 have been considered unless marked with a strikethrough.
Election/Restrictions
Applicant’s election of Group I with traverse in the reply filed on 9/04/2026 is acknowledged.
Applicant’s election of Compound 1.1 with traverse in the reply filed on 9/04/2026 is acknowledged.
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Applicant’s grounds for traversal are that a “species election requirement cannot be used to remove claims from consideration” and cites Rule 146. Further, the Applicant argues that the claims cannot be rejected under 35 U.S.C. 121 and the Examiner has only reviewed the claims under 35 U.S.C. 121. This is not found persuasive because the instant application is a national stage entry of PCT, the Examiner is within their own rights to determine unity and is not held to the standard of U.S.C. 121 or WIPO.
The requirement is still deemed proper and is therefore made FINAL.
Claims 36-38 (Group II) are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method of use, there being no allowable generic or linking claim.
Claims 1-35 will be examined on their merits.
Claim Rejections - 35 USC § 112
Claim 34 is 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 34 recites the limitation “Table 1" in “any compound set forth in Table 1”. The claims may not reference tables or figures in the Specification. “Where possible, claims are to be complete in themselves. Incorporation by reference to a specific figure or table “is permitted only in exceptional circumstances where there is no practical way to define the invention in words and where it is more concise to incorporate by reference than duplicating a drawing or table into the claim. Incorporation by reference is a necessity doctrine, not for applicant’s convenience.” Ex parte Fressola, 27 USPQ2d 1608, 1609 (Bd. Pat. App. & Inter. 1993) (citations omitted).
Reference characters corresponding to elements recited in the detailed description and the drawings may be used in conjunction with the recitation of the same element or group of elements in the claims. Generally, the presence or absence of such reference characters does not affect the scope of a claim. See MPEP § 608.01(m) for information pertaining to the treatment of reference characters in a claim.” See MPEP 2173.05(s).
Claim Objections
Claims 5-10, 12, 14-32, and 35 objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim should refer to other claims in the alternative only and cannot depend from any other multiple dependent claim. See MPEP § 608.01(n).
Allowable Subject Matter
Claims 1-4, 11, 13, and 33 are allowed.
The following is a statement of reasons for the indication of allowable subject matter for claims 4-10, 12, 14-32, and 34-35 and reasons for allowance of claims 1-3, 11, 13, and 33:
The following is a list of the closest prior art and why each was not used in a rejection:
Bower, J. et al. (US20070275961A1; cited in IDS filed 6/07/2024; “Bower”). Bower teaches a similar genus structure to the instant claims. However, Bower does not teach where the compound may have a chlorine, or any halogen, bound to the triazole ring of the triazolepyrimidine. Bower does not teach where the modified phenylamino group is moved from the C5 carbon to the C6 carbon. Bower also does not teach any examples where -R1 (aka instant -R3) is a carbon bond unless it is bound to a cyclic group. Bower also does not teach a limitation instant -R2 can be CH3 or CF3, rather the closest limitation it teaches is Alk1-X-Alk2-Z, where Alk1 is a C1-6 alkylene radical that may have a -NRA-linkage. This does not allow for any substituents in the instant -R2 position. Finally, Bower teaches the compounds as CDK/PDK/CHK inhibitors, not MALT1 modulators, as required by the instant application. Therefore, it would not be obvious to anyone skilled in the art to combine multiple non-exemplified limitations or substitute with other prior art to arrive at the instant invention.
Oukoloff et al. (European Journal of Medicinal Chemistry, 2019, 165, 332-346; cited in IDS filed 6/07/2024; “Oukoloff”). Oukoloff teaches multiple examples of 1,2,4-Triazolo[1,5-a]pyrimidines in drug design. However, Oukoloff fails to teach an example comprising a modified phenylamino group attached to the C6 carbon and also fails to teach a compound comprising a chlorine atom to the C2 carbon of the triazole ring. Finally, Ouloloff fails to teach any examples of MALT1 modulators and therefore, the examiner does not believe it would be obvious to anyone skilled in the art to combine multiple non-exemplified limitations or substitute with other prior art to arrive at the instant invention.
Pees, K. et al. (US5593996A; cited in IDS filed 6/07/2024; “Pees”). Pees teaches triazolopyrimidine genus structures for use as fungicides. Pees fails to teach an example comprising a modified phenylamino group attached to the C6 carbon and also fails to teach a compound comprising a chlorine atom to the C2 carbon of the triazole ring. Finally, Pees fails to teach any examples of MALT1 modulators and therefore, the examiner does not believe it would be obvious to anyone skilled in the art to combine multiple non-exemplified limitations or substitute with other prior art to arrive at the instant invention.
Edwards, P. et al. (US20090105242A1; cited in IDS filed 6/07/2024; “Edwards”). Edwards teaches triazolopyridine compounds for treatment of degenerative and inflammatory diseases. First, Edwards teaches triazoloPYRIDINE rather than triazoloPYRIMIDINE compounds. Second, Edwards fails to teach an example comprising a modified phenylamino group attached to the C6 carbon of the triazolopyridine core and also fails to teach a compound comprising a chlorine atom to the C2 carbon of the triazole ring. Finally, Edwards fails to teach any examples of MALT1 modulators and therefore, the examiner does not believe it would be obvious to anyone skilled in the art to combine multiple non-exemplified limitations or substitute with other prior art to arrive at the instant invention.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Claim 34 is rejected.
Claims 5-10, 12, 14-32, and 34-35 are objected to.
Claims 1-4, 11, 13, and 33 are allowable.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLA MARIA BAUER whose telephone number is (703)756-1269. The examiner can normally be reached Monday-Friday 7:30-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clint Brooks can be reached at (571) 270-7682. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/N.M.B./Examiner, Art Unit 1621
/CLINTON A BROOKS/Supervisory Patent Examiner, Art Unit 1621
