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 .
DETAILED ACTION
Priority and Status of the Claims
1. This application is a 371 PCT/US2022/018894 03/04/2022, which claims benefit of the provisional application: 63156700 03/04/2021.
2. Amendment of claims 1, 17-26, 28-31 and 33 in the amendment filed on 3/23/2026 is acknowledged. Claims 1 and 17-35 are pending in the application.
Responses to Amendments/Arguments
3. The rejection of claim 31 under 35 U.S.C. 112(b) has been overcome in the amendment filed on 3/23/2026.
4. Qiao et al. ‘671, Liu et al. ‘386, Miller et al. ‘483 and Qiao et al. ‘597 independently do not disclose the instant compounds of formula (I), therefore they are distinct from the instant invention. The rejection of claim 1 under 35 U.S.C. 102(a)(1) has been overcome in the amendment filed on 3/23/2026.
5. Applicant's arguments regarding the rejection of claims 1 and 17-35 under 35 U.S.C. 103 (a) over Qiao et al. ‘597 have been fully considered but they are not persuasive.
Applicants claim a compound of formula (I),
PNG
media_image1.png
208
300
media_image1.png
Greyscale
, or a pharmaceutically acceptable salt thereof, and the compounds of
formula (I) is a compound of formula (Ia), (Ic), (Id) or (if), i.e.,
PNG
media_image2.png
188
306
media_image2.png
Greyscale
, wherein R1 is optionally substituted aryl, and R5 is heteroaryl; or
PNG
media_image3.png
204
404
media_image3.png
Greyscale
, wherein R1 is aryl; or
PNG
media_image4.png
192
408
media_image4.png
Greyscale
, wherein R1 is aryl; or
PNG
media_image5.png
228
358
media_image5.png
Greyscale
, wherein R5 is cycloalkyl, see claim 1.
Qiao et al. ‘597 discloses a compound/composition comprising a compound of formula (II),
PNG
media_image6.png
292
314
media_image6.png
Greyscale
, or a pharmaceutically acceptable salt thereof; wherein: R1' is halogen; R2' is selected from the group consisting of hydrogen and lower (C1-C8) alkyl; and R3' is hydrogen, halogen, cycloalkyl, cycloheteroalkyl, aryl, or heteroaryl, see claim 7 in column 22.
The difference between instant claims and Qiao et al. ‘597 is that the instant claims are embraced within the scope of Qiao et al. ‘597. Qiao et al. ‘597 compounds still read on the instant compounds of formulae (Ia), (Ic), (Id) and (If), R1 is optionally substituted aryl, and R5 is heteroaryl, cycloalkyl, or heterocyclealkyl.
Therefore Qiao et al. ‘597 compounds still render the instant compounds of formulae (Ia), (Ic), (Id) and (If). The rejection of claims 1 and 17-35 under 35 U.S.C. 103 (a) over Qiao et al. ‘597 is maintained.
6. 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 extension fee 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the
examiner should be directed to REI TSANG SHIAO whose telephone number is
(571)272-0707. The examiner can normally be reached on 8:30 am-5:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Renee Claytor can be reached on 571-272-8394. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/REI TSANG SHIAO/
Rei-tsang Shiao, Ph.D.Primary Examiner, Art Unit 1691
May 04, 2026
Prosecution Insights