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 .
According to a preliminary amendment filed on Feb. 21, 2023, the applicants have canceled claims 1-8 and 10-29 and furthermore, have amended claims 9, 37, 52-55 and 58.
Claims 9 and 30-58 are pending in the application.
Claim Rejections - 35 USC § 102
(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 9 is rejected under 35 U.S.C. 102(a) (1) as being clearly anticipated by Banka (WO 2013/059559 A2, cited on applicant’s form 1449).
Banka discloses compounds for treating viral infections by enhancing type 1 interferon (IFN-1) response (see paragraph 0015 on page 4). The tricyclic compounds disclosed in table 1 (see pages 77-87) clearly anticipate the instant claim. It is of note that agonist activity at IFNAR2 will be inherently present in the compounds of Banka following their administration for treating viral infections.
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.
7. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
8. Claims 30-58 are rejected under 35 U.S.C. 103 as being unpatentable over Banka (WO 2013/059559 A2, cited on applicant’s form 1449) in view of Sa Ribero (PLOS Pathogens, cited on applicant’s form 1449).
Banka discloses compounds for treating viral infections by enhancing type 1 interferon (IFN-1) response (see paragraph 0015 on page 4). The tricyclic compounds disclosed in table 1 (see pages 77-87) meet all the limitations of instant claims except that Banka dos not teach treating covid-19 infected with SARS-Cov 2. However, Sa Ribero teaches treating SARS-Cov 2 infections by enhancing IFN-1 response (see conclusion, specifically last paragraph). Therefore, it would have been obvious to one skilled in the art to treat Covid-19 infected with SARS-Cov 2 by enhancing IFN-1 response with tricyclic compounds disclosed by Banka with reasonable expectation of success. It is of note that agonist activity at IFNAR2 will be inherently present in the compounds of Banka following their administration for treating viral infections.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARANJIT AULAKH whose telephone number is (571)272-0678. The examiner can normally be reached Monday-Friday 7:00-3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton A 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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/CHARANJIT AULAKH/ Primary Examiner, Art Unit 1621