CTNF 18/191,574 CTNF 100165 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Current Status of 18/191,5747 This Office action is responsive to the amended claims of 02/18/2026. Claims 20, 24, and 27-31, are pending in the instant application. Election/Restrictions Applicants’ election of Group I without traverse in the remarks of 02/18/2026 is acknowledged. Applicants also provided a compliant species of Compound 009. Examiner did not find prior art for Applicants’ elected species. Therefore, Markush search was extended to the full scope of claim 20. No prior art was found. Therefore, the election of species requirement is withdrawn. Double patenting art was found in co-pending application no. 18/191,589. Claims 20, 24, and 27 are examined in this action. Priority The instant application is a national stage entry of PCT/US2021/053809, filed 10/06/2021, which claims priority to U.S. Provisional Patent Application No. 63/246,054, filed 09/20/2021, and U.S. Provisional Patent Application No. 63/088,764, filed 10/07/2020. Information Disclosure Statement The information disclosure statements (IDS) submitted on 05/01/2023, 02/18/2026, and 02/26/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Double Patenting 08-33 AIA The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. 08-35 Claim s 20 and 27 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 37 and 44 of copending Application No. 18/191,589 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because reference claim 37 discloses compounds of Formula II PNG media_image1.png 177 222 media_image1.png Greyscale and claim 44 discloses a pharmaceutical composition comprising a compound of claim 37 or a pharmaceutically acceptable salt thereof. The compounds of the instant claims are encompassed by those of the co-pending’s Formula II. Consider PNG media_image2.png 119 176 media_image2.png Greyscale of the instant application. This compound is a compound of Formula II with the following substitutions: A is a 5 membered heteroaryl, PNG media_image3.png 42 33 media_image3.png Greyscale ; R 2 is PNG media_image4.png 94 95 media_image4.png Greyscale wherein Y is O; L 3 is NH, and R E1 , R E2 , and R E3 are each H; R 3 is PNG media_image5.png 78 72 media_image5.png Greyscale wherein Y is O, L 3 is a bond, z is 1, and R E4 is H. The compounds of instant claim 20 are compounds of the co-pending application’s claim 37 . This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Conclusion Claims 20 and 27 are rejected. Claim 24 is objected to for depending on a rejected base claim. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CONNOR KENNEDY ENGLISH whose telephone number is (571)270-0813. The examiner can normally be reached Monday Friday, 8 a.m. 5 p.m. ET.. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew Kosar can be reached at (571)272-0913. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /C.K.E./Examiner, Art Unit 1625 /Andrew D Kosar/Supervisory Patent Examiner, Art Unit 1625 Application/Control Number: 18/191,574 Page 2 Art Unit: 1625 Application/Control Number: 18/191,574 Page 3 Art Unit: 1625 Application/Control Number: 18/191,574 Page 4 Art Unit: 1625 Application/Control Number: 18/191,574 Page 5 Art Unit: 1625