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 . Claims 1-22 are pending in this application.
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 01/30/2026 is acknowledged. After further review of the case, it is deemed necessary to withdraw the Restriction Requirement dated 12/03/2025.
Claim Rejections - 35 USC § 112
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 2-3, 7-10, 15, 17 and 20 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:
a. Regarding claims 2-3, 7-10, 15, and 17, the phrase "most preferably", ”particularly preferably” or “preferably” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
b. In claim 17, the phrase “an isotopically substituted form of the compound” is not clear. What atoms except H are isotopically substituted and what are not? Are the isotopically substituted form embrace different isotopes of carbon? Different isotopes of N? If so, what does the substituted form looks like? It is recommended that applicants delete said claim.
c. In claim 20, the phrase “treating a cyclin-dependent kinase-associated disease” is indefinite. What is covered and what is not? Who is in need thereof? How can one tell if a given disease is not a cyclin-dependent kinase-associated disease? In order to overcome this rejection, the examiner recommends that applicants recite specific diseases as it was done in claim 21 or delete said claim.
Information Disclosure Statement
5. Applicant’s Information Disclosure Statement, filed on 01/30/2026, 03/14/2025, 12/01/2023, and 08/01/2023 has been acknowledged. Please refer to Applicant’s copies of the 1449 submitted herewith.
Allowable Subject Matter
6. Claims 1, 4, 6, 11-14, 18-19 and 21-22 are allowed.
Claim Objections
7. Claim 16 is objected to because of the following informalities: Most of the chemical structures in claim 16 contain faded bonds. The chemical structure of formula I in claim 1 as shown below is legible, but most of the compounds in claim 16 are not.
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314
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It is recommended that applicants redraw the compounds with faded bonds so that the chemical structures are legible. Appropriate correction is required.
Objection
8. Claim 5 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
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kahsay Habte Ph.D. whose telephone number is (571)272-0667. The examiner can normally be reached on 8:30 - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JEFFREY MURRAY can be reached on 571-272-9023. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Kahsay Habte/
Primary Examiner, Art Unit 1624