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
Claims 1, 3-6, 8 and 10-17 are pending in the application. Claims 1, 5, 6, 8 and 10-14 are rejected. Claims 3, 4 and 15-17 are withdrawn.
Restriction/Election
As per MPEP § 803.02(III), the examiner will determine whether the entire scope of the claims is patentable. As indicated in the Nonfinal Rejection mailed on December 16, 2025, Applicant’s elected species (reproduced below) appears to be free of the prior art.
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Since the elected species was found allowable over the prior art, the examination of the Markush claim was previously extended to cover the following non-elected species or group of species that falls within the scope of a proper Markush grouping which includes the elected species:
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In view of Applicant’s amendments to the claims filed on March 16, 2026, the prior art search has been further extended to include the following non-elected species which is encompassed by variable definitions of the instantly claimed compound of formula (I) as discussed below in the newly applied rejection under 35 U.S.C. § 102:
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The prior art search will not be extended unnecessarily to cover all nonelected species, and need not be extended beyond a proper Markush grouping. See MPEP § 803.02(III).
Response to Amendments
Objections and rejections made in the Office Action mailed December 16, 2025 that do not appear below have been overcome by Applicant’s amendments to the claims and have been withdrawn.
Response to Arguments - 35 USC § 112(b)
In reply, Applicant traverses the claim rejections under 35 U.S.C. § 112(b) as presented in the Nonfinal Rejection mailed December 16, 2025. The rejections are rendered moot by Applicant’s amendment, filed on March 16, 2026, and the rejections are hereby withdrawn.
Response to Arguments - 35 USC § 112(d)
In reply, Applicant traverses the claim rejection under 35 U.S.C. § 112(d) as presented in the Nonfinal Rejection mailed December 16, 2025. The rejection is rendered moot by Applicant’s amendment, filed on March 16, 2026, and the rejection is hereby withdrawn.
Response to Arguments - 35 USC § 102
In reply, Applicant traverses the claim rejections under 35 U.S.C. § 102 as presented in the Nonfinal Rejection mailed December 16, 2025. The rejections are rendered moot by Applicant’s amendment, filed on March 16, 2026, and the rejections are hereby withdrawn. The newly applied 35 U.S.C. § 102 rejection of claims 1, 5, 6, 8 and 10-14 has been necessitated by Applicant’s amendment filed on March 16, 2026.
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, 5, 6, 8 and 10-14 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by CAS Registry No. 1329890-48-3 (entered STN on September 8, 2011).
CAS Registry No. 1329890-48-3 corresponds to the following chemical structure:
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Regarding instant claims 1, 5, 6, 8 and 10-12, the above prior art compound is encompassed by the instantly claimed compound of formula (I), wherein T is O; U is -CR5R5’-, further wherein R5 and R5’ each represent -RY and RY is H; R1 is -RW further wherein RW is -C1-alkyl, saturated, unsubstituted; Q is -NR3R4; R3 is H; R4 is -C1-alkylene-(5-14-membered heteroaryl), further wherein the 5-14-membered heteroaryl is 3-pyridine; R6, R7 and R8 are independently -RW, further wherein RW is H in each case; and R9, R10, R11, R12 and R13 are each -RY, further wherein RY is H in each case.
Regarding instant claim 13, the above prior art compound reads on “Cpd 100” (reproduced below) as recited in the claim.
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Regarding instant claim 14, CAS Registry No. 1329890-48-3 teaches the above prior art compound in unbuffered water which meets the requirements of a “pharmaceutical composition” as recited in the claim. See e.g., page 2.
Conclusion
No claims are allowed.
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 extension fee 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 DAVID SHIM whose telephone number is (571)270-1205. The examiner can normally be reached Monday - Friday, 9 AM - 5 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, RENEE CLAYTOR can be reached at (571)272-8394. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/D.M.S./Examiner, Art Unit 1626
/REBECCA L ANDERSON/Primary Examiner, Art Unit 1626
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