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 .
Status of Claims
Claims 1-2, 6, 8, 16, 20, 41, 44-46, 49, 64, 69, 71-72, 74, 81, 85, 88, 92-94, 106, 109-110, 115, 134-135, 137, 139, 144, 146, 148, 155-158, 161, and 199-200 are pending.
Priority
Instant application 18/115,895, filed 03/01/2023 claims priority as follows:
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Information Disclosure Statement
All references from IDS(s) received 07/11/2023, 02/22/2024, 01/09/2025, and 11/19/2025 have been considered unless marked with a strikethrough.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-2, 6, 8, 16, 20, 41, 44-46, 49, 64, 69, 71-72, 74, 81, 85, 88, 92-94, 106, 109-110, 115, 134-135, 137, 139, 144, 146, 148, 155-158, and 199 in the reply filed on 11/19/2025 is acknowledged. Applicant’s election without traverse of the species compound 5 is also acknowledged.
Examination will begin with the elected species. In accordance with MPEP 803.02, if upon examination of the elected species, no prior art is found that would anticipate or render obvious the instant invention based on the elected species, the search of the Markush-type claim will be extended. If prior art is then found that anticipates or renders obvious the non-elected species, the Markush-type claim will be rejected. It should be noted that the prior art search will not be extended unnecessarily to cover all non-elected species. Should Applicant overcome the rejection by amending the claim, the amended claim will be examined again. The prior art search will be extended to the extent necessary to determine patentability of the Markush-type claim. In the event prior art is found during further examination that renders obvious or anticipates the amended Markush-type claim, the claim will be rejected and the action made final.
The elected species (compound 5) was searched and applicable prior art was not identified. The search was therefore extended, in order of the compounds listed in claim 157, to compound 6:
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and applicable prior art was not identified. The search was therefore extended again to compound 7:
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and applicable prior art was identified. The search was not extended unnecessarily to cover all non-elected species.
Claims 71, 72, 74, 81, 85, 88, 92, 106, 109, 110, 134, 146, 148, 155, 157, and 199 read on Compound 7.
Therefore, claims 1–2, 6, 8, 16, 20, 41, 44–46, 49, 64, 69, 93-94, 115, 135, 137, 139, 144, 156, 158, 161, and 200 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention and/or species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/19/2025.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 71, 72, 74, 81, 85, 88, 92, 106, 109, 110, 134, 146, 148, 155, 157, and 199 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhang et al. (WO2022142477A1; filed 15 September 2021).
Zhang discloses (Page 40) the compound ATV002 having the structure:
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.
The above compound is Compound 7 recited in present claim 157 and anticipates instant claims 71, 72, 74, 81, 85, 88, 92, 106, 109, 110, 134, 146, 148, 155, and 157.
With respect to claim 199, Zhang discloses a pharmaceutical composition comprising ATV002 and a pharmaceutically acceptable carrier in paras. [00214]-[00215], which discloses adding ATV002 to HEK293T cells in an aqueous (DMEM) medium. Therefore Zhang anticipates claim 199.
Conclusion
Claims 71, 72, 74, 81, 85, 88, 92, 106, 109, 110, 134, 146, 148, 155, 157, and 199 are rejected. Claims 1–2, 6, 8, 16, 20, 41, 44–46, 49, 64, 69, 93-94, 115, 135, 137, 139, 144, 156, 158, 161, and 200 are withdrawn.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kyle Nottingham whose telephone number is (571)270-0640. The examiner can normally be reached M-F from 10:00 am - 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton 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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/K.N./Examiner, Art Unit 1621
/CLINTON A BROOKS/Supervisory Patent Examiner, Art Unit 1621