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 1-2, 4-5, 7-12, 14-16 and 18-20 are pending in this application.
Election/Restrictions
Applicant’s election without traverse of Group I and a species (a) (benzimidazole-type compounds, wherein X1 = X2 = X3 = X4 = C and X5 = N) in the reply filed on 02/11/2026 is acknowledged. Since the conditions for rejoinder are met, the invention of Group II is rejoined.
Response to Amendment
Applicant’s amendment filed 06/22/2026 in response to the previous Office Action (0323/2026) is acknowledged. Rejection of claims 1-11, 14 and 18-20 under 35 U.S.C. 112(a) (item 5), under 35 U.S.C. 102(a)(1) (item 9) and improper Markush Rejection (item 7) has been obviated. Even though applicant’s amendment overcome the rejections raised in previous Office Action, the rejoinder of the method claims raises new issue that needs further rejection.
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 12 and 15-16 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. In claims 12 and 15-16, the phrase “a method of treating a disease or a disorder at least partially mediated by DHX33…selected from cancer, viral infection or inflammation that are mediated by DHX33” is indefinite. What is covered and what is not? What type of cancers or viral infection are not partially mediated by DHX33? How can one tell if a given cancer or viral infection is not partially mediated? How is inflammation not partially mediated by DHX33? Applicants can overcome this rejection by reciting specific cancers, viral infections or inflammatory diseases.
Allowable Subject Matter
Claims 1-2, 4-5, 7-11, 14 and 18-20 are allowed.
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 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 date of this final action.
Conclusion
7. 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
July 1, 2026
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