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 .
Current Status of 18/253,384
Claims 2, 11-16, and 18 have been cancelled. Claims 1, 3, and 5 have undergone amendments.
Information Disclosure Statement
One Information Disclosure Statement (IDS), submitted on 15 July 2026, is acknowledge and has been considered.
Election/Restrictions
The election of species requirement set forth in the action mailed 5 September 2025 is withdrawn. A complete search for the genus of claim 1 was performed with prior art retrieved (See STN Search, Search Notes). The rejections set forth below are due to the expanded Markush search, which was not performed in the previous Office Action.
Claims 6-10 and 17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 4 November 2025.
Claims 1, and 3-5, submitted on 29 June 2026, represent all claims currently under consideration.
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.
Response to Arguments
The 35 U.S.C. § 102(a)(1) rejection of Claims 1 and 3 over STN RN 4512-00-9 is withdrawn. Applicant has amended Claim 1 to be outside of the scope of this compound.
The 35 U.S.C. § 102(a)(1) rejection of Claims 1 and 3 over Tripathi is withdrawn. Applicant has amended Claim 1 to be outside of the scope of the compounds disclosed by Tripathi.
The 35 U.S.C. § 102(a)(1) rejection of Claims 1 and 3-5 over Srivastava is withdrawn. Applicant has amended Claim 1 to be outside of the scope of the compounds of Tripathi.
The 35 U.S.C. § 112(b) rejection of Claims 1 and 4 is maintained. The claim has been amended to recite “or when R2 is present”. However, it is unclear if there are iterations of these molecules wherein R2 is not present, and if this is the case, it is not known what will fill the valence of the carbon atom to which variable R2 is attached. It is unclear if when R2 is not present if this valency should be filled with two hydrogen atoms.
Response to Amendment
As a result of the removal of the election of species requirement due to Applicant’s amendment, a complete search was performed for the compound of Claim 1. As such, the 35 U.S.C. § 102 rejections represent a new grounds of rejection as the entire genus was not searched in the previous Office Action.
THIS ACTION IS MADE FINAL. 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.
Claim Rejections - 35 USC § 112(b)- REJECTIONS MAINTAINED
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 and 4 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. The claim has been amended to recite “or when R2 is present”. However, it is unclear if there are iterations of these molecules wherein R2 is not present, and if this is the case, it is not known what will fill the valence of the carbon atom to which variable R2 is attached. It is unclear if when R2 is not present if this valency should be filled with two hydrogen atoms.
Claim Rejections - 35 USC § 102- RESPONSE TO AMENDMENTS
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by STN RN 2482437-67-0 (Entered STN: 17 September 2020).
STN RN 2482437-67-0
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has variables R1 and R2 coming together to form a substituted heteroaryl ring.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by STN RN 2247957-28-2 (Entered STN: 11 November 2018).
STN RN 2247957-28-2
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has variables R1 and R2 coming together to form a substituted heterocyclic ring.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by STN RN 1459215-60-1 (Entered STN: 16 October 2013).
STN RN 1459215-60-1
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has variables R1 and R2 coming together to form a substituted heterocyclic ring.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by STN RN 1334231-59-2 (Entered STN: 3 October 2011).
STN RN 1334231-59-2
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has variables R1 and R2 coming together to form a substituted heteroaryl ring.
Claims 1 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ryder (WO 2010/151799; Publication Date: 29 December 2010).
Ryder discloses compositions and methods for inhibiting RNA binding proteins (Abstract). Compounds disclosed for use in this invention include
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(Figure 1, Page 32) and
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(Figure 1, Page 24). These compounds have variables R1 and R2 coming together to form a substituted heteroaryl. Another aspect of the invention pertains to a pharmaceutical composition comprising a therapeutically effective amount of an RNA binding protein modulatory compound, e.g., a compound of Figure 1 and a pharmaceutically acceptable carrier (Page 4, Lines 1-4).
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by STN RN 130720-51-3 (Entered STN: 30 November 1990).
STN RN 130720-51-3
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has variable R1 as substituted phenyl with variable R2 absent.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by STN RN 132288-37-0 (Entered STN: 22 February 1991).
STN RN 132288-37-0
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has variable R1 as substituted aryl with variable R2 absent.
Allowable Subject Matter
Claims 3 and 5 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.
The following is an examiner’s statement of reasons for allowance: There is no prior art which teaches, suggests or provides motivation for, the specific compound of Claim 3 or its pharmaceutical compositions (See STN Search, Search Notes). A search for the specific compounds and variants of the compound of Claim 3 and Claim 5 retrieved no prior art (See STN Search, Search Notes).
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Claims 1 and 4 are rejected.
Claims 3 and 5 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.
THIS ACTION IS MADE FINAL. 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 PHILLIP MATTHEW RZECZYCKI whose telephone number is (703)756-5326. The examiner can normally be reached Monday Thru Friday 730AM-5PM EST.
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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.
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/P.M.R./Examiner, Art Unit 1625
/JOHN S KENYON/Primary Patent Examiner, Art Unit 1625
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