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 .
According to paper filed on Oct. 10, 2025, the applicants have elected group I for further prosecution. The applicants have also elected specific species within group I. The applicants have also amended claims 1-3, 37 and 39.
Claims 1-3, 6, 8, 37-39, 56-61, 67-72 and 78 are pending in the application.
Claims 37-39, 57-61, 67-72 and 78 are withdrawn from further consideration as being drawn to non-elected subject matter.
It is of note that claims 37-39 directed to structural formula (II) were included also within group I directed to compounds of formula (I) in the restriction requirement. The compounds of formula (II) are structurally very different from compounds of formula (I) and therefore, are now restricted into group (III) in addition to groups I and II. Therefore, restriction between three groups is made final.
The elected species is allowable over the prior art. Therefore, search has now been extended to additional species of group I directed to compounds of formula (I).
Claim Rejections - 35 USC § 112
6. 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 1-2 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1, under definition of variable R5, variables R6 and R7 are defined to represent H. However, the values of variables R6 and R7 are also defined to have several other values in addition to H. Therefore, it is not clear what are the actual values of variables R6 and R7.
In claim 1, under definition of variable R6, variables R5 and R7 rare defined to represent H. However, the values of variables R5 and R7 are also defined to have several other values in addition to H. Therefore, it is not clear what are the actual values of variables R5 and R7.
In claim 1, under definition of variable R7, variables R5 and R6 rare defined to represent H. However, the values of variables R5 and R6 are also defined to have several other values in addition to H. Therefore, it is not clear what are the actual values of variables R5 and R6.
In claim 1, first proviso is confusing in view of the second proviso. According to the second proviso, when variables R5, R6 and R7 represent H, variable R1 must represent either Br or cyclopropyl. Therefore, first proviso is not needed since R1 cannot represent OCH3 anyway.
In claim 2, ii), after R5 and R7, the term - - - are is - - - vague and indefinite since its actual intent is not clear.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
10. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
11. Claims 1-3 and 56 are rejected under 35 U.S.C. 103 as being unpatentable over Corbo (Journal of Chem.).
Corbo discloses antiproliferative activity of benzothiazole compounds. The compound 1d (see table 1 on page 2) disclosed by Corbo meets all the limitations of instant claims when variables R3 and R4 represent F, R2 represents Cl and variables R5-R7 represent H in the instant compounds of formula (I) except that variable R1 represents F instead of instant Br or cyclopropyl (see proviso). However, F is also a halogen similar to Br and according to the definition of variable R1 in instant claim 1, R1 can be any halogen or cycloalkyl as disclosed in the instant specification (see paragraphs 55 on page 13 and paragraph 47 on page 10). Therefore, it would have been obvious to one skilled in the art to prepare instant compounds having variable R1 as Br or cyclopropyl without affecting their utility of inhibiting ALPK1 kinase activity with reasonable expectation of success unless applicants provide unexpected results of superior activity of instant compounds of formula (I) having variable R1 as Br and cyclopropyl compared to F.
12. Claims 1-3 and 56 are rejected under 35 U.S.C. 103 as being unpatentable over Armenise (Journal of Heterocyc.Chem.).
Armenise discloses antifungal activity of benzothiazole compounds. The compound 3j (see scheme 1 on page 772) disclosed by Armenise meets all the limitations of instant claims when variables R3 and R4 represent F, R2 represents F and variables R5-R7 represent H in the instant compounds of formula (I) except that variable R1 represents Cl instead of instant Br or cyclopropyl (see proviso). However, Cl is also a halogen similar to Br and according to the definition of variable R1 in instant claim 1, R1 can be any halogen and cycloalkyl as disclosed in the instant specification (see paragraph 55 on page 13 and paragraph 47 on page 10). Therefore, it would have been obvious to one skilled in the art to prepare instant compounds having variable R1 as Br or cyclopropyl without affecting their utility of inhibiting ALPK1 kinase activity with reasonable expectation of success unless applicants provide unexpected results of superior activity of instant compounds of formula (I) having variable R1 as Br and cyclopropyl compared to Cl.
Allowable Subject Matter
13. Claims 6 and 8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARANJIT AULAKH whose telephone number is (571)272-0678. The examiner can normally be reached Monday-Friday 7:00-3:30.
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/CHARANJIT AULAKH/ Primary Examiner, Art Unit 1621