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 .
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.
Claims 1-16, 20-22 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Steurer et al. (US 20080182837 A1).
Regarding claims 1-16, 20-22 and 24, Steurer teaches a method for the treatment of and/or prevention of cancer, infections, inflammations and autoimmune diseases of Alzheimer's disease and leukemias such as chronic lymphatic leukemia (relevant to claims 20-22 and 24) (para. 0035,0197-0198) comprising compounds of formula (I)
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or the pharmacologically acceptable salts thereof in combination with conventional excipients and/or carriers (relevant to claim 16) (para. 0034). Of the above compound Steurer teaches Q as
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wherein W, X and Y are selected from N or CH and R1 is a 5-12 membered heteroaryl or 3-14 membered heterocycloalkyl substituted by CF3 (relevant to claims 2 and 14) (para. 0006). R1 is further denoted as
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,
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and
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(relevant to claims 3-6) (para. 0132, Examples 1-68). L is represented by
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and R2 is selected from pyridyl, pyrimidyl, thiazolyl, imidazolyl, triazolyl, pyrazolyl, pyrrolyl (relevant to claims 7-8) (para. 0031),
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(relevant to claims 9-13) (para. 0116). Steurer additionally teaches compound
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(para. 0116).
Therefore, it would have been obvious to someone of ordinary skill in the art at the time of filing to have constructed 4-Methyl-3-[4-(3-pyridyl)pyrazol- 1 -yl]-N- [4-(trifluoromethyl)-2-pyridyl]benzamide
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(relevant to claim 1 and 15). One would have been motivated to do so from the teachings of Steurer of compound
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in which
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is substituted with
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from the embodiments of Q from the core structure of
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and
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substituted with
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from the embodiments of R1. There is a reasonable expectation of developing compound
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from the teaching of Steurer.
Allowable Subject Matter
Claim 23 is 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.
Conclusion
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MIKHAIL O'DONNEL. ROBINSON
Examiner
Art Unit 1627
/MIKHAIL O'DONNEL ROBINSON/Examiner, Art Unit 1627
/SARAH PIHONAK/Primary Examiner, Art Unit 1627