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 .
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.
Election/Restrictions
Examiner have withdrawn 102 rejection from previous office action.
New 102 rejections are made in this office action due to examiner’s amendments to independent claim 1.
Markush search was extended to the species
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where, Het is thiazole (claims 1, 4, 9); X1 is CR1, X2 is CR3 and is X3 is CR4 (claim 5); RN1 is H(claim 10) and RN2 is CH3; R1 is CO2H; R2, R3, R4 and R5 are H(claims 12, 14, 18 and 24-25 ).
Examiner found prior art for extended Markush search species which reads on claims 1, 4-5, 10, 12, 14, 18, 24-25, 42-43 and 47.
Claims 6, 9, 11, 29, 38, 41 and 50-63 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/16/2026.
Please note, claim 51 is directed to applicant elected species of
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. Although compound
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is free of prior art, claim 51 is withdrawn in this office action because claim 51 is dependent on independent claim 50, which have species of compound of formula (I) that have not all been examined in this office action following Markush search practice.
Claims 1, 4-5, 10, 12, 14, 18, 24-25, 42-43 and 47 are examined in this office action.
Current Status of 18/234,341
This Office Action is in response to the amended claims of 07/15/2026.
Claims 1, 4, 6, 41 are currently amended; claims 5, 9-12, 14, 18, 24-25, 29,38, 42-43, 47 and 50-63 are previously presented.
Claims 6, 9, 11, 29, 38, 41 and 50-63 are withdrawn
Claims 1, 4-5, 10, 12, 14, 18, 24-25, 42-43 and 47 are examined in this office action.
Priority
The effective filing date is 08/15/2022 since the instant claims find support in provisional application no. 63/398,050.
Response to Arguments
Examiner acknowledges the receipt of applicant’s claim amendment and remarks 07/17/2026. Examiner have reviewed these remarks and amendments.
Regarding 102 rejection, applicant amended independent claim 1 by limiting Het to thiazole, thus overcoming 102 rejections. 102 rejections are withdrawn.
Response to Amendment
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, 4-5, 10, 12, 14, 18, and 24-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yasuma et.al. (US 2008/0096877).
Yasuma et.al. disclose the species
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where, Het is thiazole (claims 1, 4, 9); X1 is CR1, X2 is CR3 and is X3 is CR4 (claim 5); RN1 is H(claim 10) and RN2 is CH3; R1 is CO2H; R2, R3, R4 and R5 are H(claims 12, 14, 18 and 24-25 ) thus anticipating claims 1, 4-5, 10, 12, 14, 18 and 24-25 (page 127, paragraph[2208]) .
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).
Conclusion
Claims 1, 4-5, 10, 12, 14, 18 and 24-25 are rejected.
Claims 42-43 and 47 are objected to for depending on rejected claim 1.
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 Rehana Ismail whose telephone number is (703)756-4776. The examiner can normally be reached Monday-Friday 9:00am-5:00pm.
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 D Kosar can be reached at (571)272-913. 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.
/R.I./Examiner, Art Unit 1625
/JOHN S KENYON/Primary Patent Examiner, Art Unit 1625
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