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 .
DETAILED ACTION
STATUS OF THE CLAIMS: Claims 1-4, 7-10, 13-19, 42, 63-65, 68 and 70 are pending in this application.
Election/Restrictions
Applicant's election of species in the reply filed on September 3, 2025 is acknowledged. All claims were examined.
Claim Rejections - 35 USC § 112, second paragraph
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-4, 7-10, 13-19, 42, 63-65, 68 and 70 (including claims dependent thereon and claims that relate back to dependent claims) are 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 pre-AIA the applicant regards as the invention.
(a) Claims 1, 3, 7-10, 13, 19, and 42 are defined variables (where applicable) as heteroaryl, heteroalkyl, heterocyclic, and/or aryl. The terms are indefinite since the specification does not define the ring size, heteroatom, number and nature of substituents, and the exact point of contact with the atom(s) for the substituents. Correction is required.
(b) Claim 65 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph for reciting reaction mixture. The claim is indefinite because the claim does not include elements disclosed (i.e., what reaction mixture), thereby rendering the scope of the claim unascertainable. See MPEP § 2173.05(d).
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.
Claims 1, 2, 4, 8-9 and 15 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dhammika et al. (J’nal of Org. Chem.’2017).
This reference discloses compounds on pages 8199-8205. (See Abstract and entire document). These compounds read on the instant claim. Since this reference teaches the exact compounds, Applicant’s claims are anticipated, and thus, rejected under 35 U.S.C. 102.
Claims 1-3, 8-12, and 14-15 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Anzalone et al. (ACI Verlag Chemie, Hoboken’2012).
This reference discloses compounds on pages 650-653. (See Abstract and entire document). These compounds read on the instant claim. Since this reference teaches the exact compounds, Applicant’s claims are anticipated, and thus, rejected under 35 U.S.C. 102.
Claims 1, 2, 4-6, 8, 10-11 and 14-15 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kolmakov et al. (Chem, Eur. J’nal’2015).
This reference discloses compounds on pages 650-653. (See Abstract and entire document). These compounds read on the instant claim. Since this reference teaches the exact compounds, Applicant’s claims are anticipated, and thus, rejected under 35 U.S.C. 102.
Claims 1, 2, 4-6, 8-9, 10, 14-15, 19, 42, 63-65, 68 and 70 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schoetzau et al. (J’nal Chem. Soc., PT’2000).
This reference discloses compounds on pages 1411-1415. (See Abstract and entire document). These compounds read on the instant claim. Since this reference teaches the exact compounds, Applicant’s claims are anticipated, and thus, rejected under 35 U.S.C. 102.
Claims 1, 2, 4-6, 8-9, 10, 14-15, 19, 42, 63-65, 68 and 70 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Augustin et al. (J’nal Biotech’2001).
This reference discloses compounds on pages 289-301. (See Abstract and entire document). These compounds read on the instant claim. Since this reference teaches the exact compounds, Applicant’s claims are anticipated, and thus, rejected under 35 U.S.C. 102.
Claims 1, 2, 4-6, 8-9, 10, 14-15, 19, 42, 63-65, 68 and 70 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Muehlegger et al. (WO00/68422).
This reference discloses compounds on pages 1-18. (See Abstract and entire document). These compounds read on the instant claim. Since this reference teaches the exact compounds, Applicant’s claims are anticipated, and thus, rejected under 35 U.S.C. 102.
Claims 1, 2, 4-6, 8-9, 10, 14-15, 19, 42, 63-65, 68 and 70 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Beckenkamp et al. (EP2876166).
This reference discloses compounds on pages 1-4. (See Abstract and entire document). These compounds read on the instant claim. Since this reference teaches the exact compounds, Applicant’s claims are anticipated, and thus, rejected under 35 U.S.C. 102.
Claims 1, 2, 4-6, 8-9, 10, 14-15, 19, 42, 63-65, 68 and 70 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stolz et al. (Hel.Chim.ACTA, vol. 82’1999).
This reference discloses compounds on pages 1311-1319. (See Abstract and entire document). These compounds read on the instant claim. Since this reference teaches the exact compounds, Applicant’s claims are anticipated, and thus, rejected under 35 U.S.C. 102.
Claims 1, 2, 4-6, 8, 10-11 and 14-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Toutchkine et al. (WO2009/152024).
This reference discloses compounds on pages 1-32. (See Abstract and entire document). These compounds read on the instant claim. Since this reference teaches the exact compounds, Applicant’s claims are anticipated, and thus, rejected under 35 U.S.C. 102.
Conclusion
Claims 1-4, 7-10, 13-19, 42, 63-65, 68 and 70 are pending. Claims 1-4, 7-10, 13-19, 42, 63-65, 68 and 70 are rejected. No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL V WARD whose telephone number is (571)272-2909. The examiner can normally be reached M-F 9am to 5pm.
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/PAUL V WARD/Primary Examiner, Art Unit 1622
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