DETAILED ACTION
Claims 4, 8, and 11-15, and 21-25 are currently pending in the instant application. Claims 4 and 12 are rejected. Claims 8, 11, 13-15, and 21- 25 are withdrawn from consideration as being for non-elected subject matter.
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 with traverse of Group I and the species:
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in the reply filed on 11 December 2025 has been previously acknowledged.
According to MPEP 803.02, the examiner has previously determined whether the elected species is allowable. Applicants’ elected species was not allowable. In response to the non-final rejection mailed 29 December 2025, Applicant amended the claims on 18 June 2026 and the claims now do not read on the elected species. Therefore, the search and examination has now been extended to the compound:
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which is not allowable.
Claims 4 and 12 have been examined to the extent that they are readable on the compound of the extended search:
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. Claims 8, 11, 15, and 23 are withdrawn product claims as these claims do not read on the extended search compound
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or the previous elected species:
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.
Response to Amendment and Arguments
Applicant's amendment and arguments filed 18 June 2026 have been fully considered and entered into the instant application. Applicant’s amendment has overcome the objection to claim 4 as the second instance of “of” has been deleted. The 35 USC 102(a)(1) rejections as being anticipated by TURLINGTON, MARK et al. Bioorg. Med. Chem. Lett. 2013, Vol. 23 (2013) 6172-6177 (IDS filed 5/31/2023) and as being anticipated by 1473419-56-5 are overcome as claims 4 and 8 have been amended to delete “aryl” from R2 and claim 11 has been amended to delete
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.
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) 4 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Registry No. 2188445-02-3, entered STN 11 March 2018.
Registry No. 2188445-02-3 is
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.
Registry No. 2188445-02-3 corresponds to formula (III) of instant claims 4:
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wherein R1’ is heterocyclyl and R2 is alkylene-heterocyclyl.
Registry number 2188445-02-3 is available as prior art as of 11 March 2018, the date it was indexed into the CAplus database.
See MPEP 2128: ELECTRONIC PUBLICATIONS AS PRIOR ART Status as a "Printed Publication" An electronic publication, including an on-line database or Internet publication, is considered to be a “printed publication” within the meaning of 35 U.S.C. 102(a) and (b) provided the publication was accessible to persons concerned with the art to which the document relates. See In re Wyer, 655 F.2d 221, 227, 210 USPQ 790, 795 (CCPA 1981) Since this date represents the date that each compound entered the CAPlus database on STN, this represents the date that each compound was made accessible to the public.
The aforementioned compound anticipates the instantly claimed compounds: It is further noted that for the purposes of determining if a reference is a “printed publication” for the purposes of 102(b), MPEP 2128 states the following:
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where “prior art disclosures…on an on-line database are considered to be publicly available as of the date the item was publicly posted.” Since each of the database entries above lists the date that each compound was entered into the on-line database, the compounds were made publicly available as of that date in each citation, and the claims are anticipated.
Regarding the composition of claim 12 comprising the anticipatory compound and a carrier, the Registry entry for Registry no. 2188445-02-3 discloses a mass solubility in unbuffered water. This teaching in of water anticipates the claimed composition, wherein the compounds are present with a carrier (i.e., water).
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.
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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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/REBECCA L ANDERSON/Primary Examiner, Art Unit 1626 ____________________ 29 June 2026
Rebecca Anderson
Primary Examiner
Art Unit 1626, Group 1620
Technology Center 1600
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