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 paper filed on Feb. 11, 2026, the applicants have canceled claims 2-5 and 11-14 and furthermore, have amended claims 1 and 10.
Claims 1, 6-10 and 15-25 are pending in the application.
Response to Arguments
Applicant's arguments filed on Feb. 11, 2026 have been fully considered but they are not persuasive regarding written description rejection, prior art rejection, obviousness rejection and Improper Markush Group rejection. The applicants have amended claims to overcome enablement rejection. Regarding written description rejection, the applicants argue on pages 4-5 that based on two inhibitors, BET-151 and CP-1203, the specification has written description for using every known BRD2 inhibitor and BRD4 inhibitor of diverse structures in the art for treating coronavirus infection. The examiner does not agree with these arguments. There is no teaching, disclosure or written description for using any other BRD2/4 inhibitor in the art besides these two inhibitors.
Regarding prior art and obviousness rejections, the examiner does not agree with the applicant’s arguments. Both of these references teach using BRD2 and or BDR4 inhibitors for treating coronavirus. The applicant’s attention is drawn to claims 3, 5 and 7 of WO 2011/054843 A1 and claims 1-3 as well as paragraph 0012 on page 2 and paragraph 0022 on page 3 of CN 110101705 (see English translation).
The examiner also does not agree with the applicant’s arguments on page 7 that there is common structural core present between all known BRD2 and BRD4 inhibitors in the art.
Conclusion
The written description rejection of claims 1, 6, 9-10, 15 and 18-25 under 35 U.S.C. 112, 1st paragraph is maintained.
The prior art rejection of claims 1, 6, 9-10 and 15 under 35 U.S.C. 102 (a) (1) over WO 2011/054843 A1 is maintained.
The obviousness rejection of claims 1, 6-10 and 15-25 under 35 U.S.C. 103(a) over CN 110101705 A is maintained.
The Improper Markush Group rejection of claims 1, 6, 9-10, 15 and 18-25 is maintained.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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/CHARANJIT AULAKH/ Primary Examiner, Art Unit 1621