DETAILED ACTION
Claims 1, 2, 4, 10-15, 17, 19, 20, and 25-28 are currently pending in the instant application. Claims 11 and 20 are withdrawn from consideration as being for non-elected subject matter. Claims 1, 2, 4, 10, 12-15, 17, and 19 are rejected. Claims 25-28 are allowable.
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 .
Election/Restrictions
Applicant’s election of Group I and the species of compound 12 (C8):
PNG
media_image1.png
123
216
media_image1.png
Greyscale
in the reply filed on 26 June 2024 has been previously acknowledged.
According to MPEP 803.02, the examiner has determined whether the elected species is allowable. Applicants’ elected species appears allowable. Therefore, the search and examination has been previously extended to the compounds of claims 25 and 26 which also appear allowable, and now further extended to the compounds of claims 27 and 28 which are also allowable. The search and examination has now also been extended to the compound:
PNG
media_image2.png
234
310
media_image2.png
Greyscale
which is not allowable.
Claims 1, 2, 4, 10, 12-15, 17, 19, and 25-28 have been examined to the extent that they are readable on the elected embodiment, the elected species and the above mentioned compounds.
Response to Amendment and Arguments
Applicant's amendment and arguments filed 14 April 2026 have been fully considered and entered into the instant application. Applicant’s amendment has overcome the 35 USC 102(a)(1) rejection as being anticipated by Registry No. 19768-68-4 as R1a in claim 1 has been amended to delete C(O)(C1-4)alkyl. The 35 USC 103 rejection is overcome as the compound
PNG
media_image3.png
130
172
media_image3.png
Greyscale
(A1+B1+C5) has been deleted.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1, 2, 4, 10, 12, 13, 14, 15, 17, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent No. 8,501,767.
US Patent NO. 8,501,767 discloses compounds of the formula A on column 2:
PNG
media_image4.png
158
322
media_image4.png
Greyscale
. Pharmaceutical compositions are disclosed on columns 3 and 4. The ‘767 patent discloses examples of compounds of the invention in scheme 2, see column 10: the compound MLB133-629B:
PNG
media_image5.png
236
290
media_image5.png
Greyscale
. The compound MLP133-629B corresponds to Applicant’s instantly claimed invention of Formula I:
PNG
media_image6.png
126
186
media_image6.png
Greyscale
for example, wherein Y is H; m is 0; R4 can be any substituent as m is 0; X is CR3; R3 is H; R1’ is H; R1 is (CHR5)n1-R1a; R5 is H; n1 is 1; R1a is C6-C10 aryl; and R2 is C6-C10aryl which is substituted with one Rsb1 wherein Rsb1 is (C1-4)alkoxy.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 REBECCA L ANDERSON whose telephone number is (571)272-0696. The examiner can normally be reached Monday-Friday from 6am-2pm.
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.
/REBECCA L ANDERSON/Primary Examiner, Art Unit 1626 ____________________ 25 June 2026
Rebecca Anderson
Primary Examiner
Art Unit 1626, Group 1620
Technology Center 1600
Prosecution Insights