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 .
According to a preliminary amendment filed on Feb. 21, 2024, the applicants have canceled claims 3, 5-7, 10-14, 16-18, 22-30, 32-143, 145-148, 158-160, 162-163, 165-166 and 169-189 and furthermore, have amended claims 4, 8, 9, 15, 19-21, 31, 144, 149-157, 161, 164 and 167.
Claims 1-2, 4, 8-9, 15, 19-21, 31, 144, 149-157, 161, 164 and 167-168 are pending in the application.
Claim Rejections - 35 USC § 112
4. 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.
Claim 164 is 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.
In claim 164, specific diseases mediated by TLR-7 and TLR-8, are not defined.
Claim Rejections - 35 USC § 102
(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, 2, 4, 8, 20, 157, 161, 164 and 167-168 are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Kumar (WO 2014/041518 A1, cited on applicant’s form 1449).
Kumar discloses Thienopyrrole derivatives for treating inflammatory diseases (see claims 18-23). The compounds disclosed in examples 1-25 (see pages 39-58) by Kumar anticipate the instant claims when variable R1 represents bicyclic heteroaryl ring, variable Z represents C(O)NR6R7, NR6R7 or L1 and variable X represents C in the instant compounds of formula I.
Claims 1, 2, 19, 157 and 161 are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Heinrich (U.S. Patent 8,703,961 B2).
Heinrich discloses thiazole derivatives for treating cancer. The compounds A11 to A14 (see col. 75) and A30 (see col. 83) disclosed by Heinrich anticipate the instant claims when variable R1 represents phenyl, X is N and variable Z represents alkylene, heterocycle or heteroaryl ring in the instant compounds of formula I.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 8-9, 15, 19, 157, 161, 164 and 167-168 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kumar (WO 2021/067326 A1, cited on applicant’s form 1449).
Kumar discloses substituted bicyclic heteroaryl compounds for treating inflammatory diseases. The compounds disclosed in examples 1-5 (see table 1 on page 70) and example 24 (see page 79) by Kumar anticipate the instant claims when variable R1 represents bicyclic heteroaryl ring or monocyclic heteroaryl ring, variable Z represents 6-membered heterocycle and variable X represents N in the instant compounds of formula I.
Allowable Subject Matter
Claims 21, 31, 144 and 149-156 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.
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/CHARANJIT AULAKH/ Primary Examiner, Art Unit 1621