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 .
Election/Restrictions
Applicant’s election without traverse of a compound of formula VIII in the reply filed on 2026 January 9 is acknowledged. A search of the following scope has been done is shown below.
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268
358
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554
526
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44
474
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Set L29 represents compounds that are eliminated by the proviso that both instances of R1 and R3 are both NH2. Consequently a search of the examined claims is limited to a compound of formula (VIII). Consequently claims 37, 38, 56, and 57 are examined on the merits.
Claims 1-36 and 39-55 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2026 January 9.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 2023 November 22, 2025 May 30, and 2026 January 6 have been submitted in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are considered by the examiner.
Claim Objections
Claims 37, 38, 56, and 57 are objected to because of the following informalities: the phrase “pharmaceutically acceptable salts or solvates thereof” should be --or a pharmaceutically acceptable salt of solvate thereof”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(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.
Claim(s) 37 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WILBERT (US 3493555, published 1970 February 3). Wilbert describes example 6 (column 6, line 20 to column 4, line 7). In this compound, the following examined definitions apply: R1 and R3 are each C(O)-cyclopropyl; and R’7 is H.
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Claim(s) 37 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by BURGUENO-TAPIA (Magnetic Resonance in Chemistry, 2004, 43, 256-260). BURGUENO-TAPIA describes compound 4 (page 256). In this compound, the following examined definitions apply: R1 and R3 are each C(O)-Me; and R’7 is H.
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Conclusion
Claims 37, 38, 56, and 57 are not allowed.
The following is a statement of reasons for the indication of allowable subject matter: compounds of claim 38 are free of the prior art of record because Wilbert does not describe compounds in which examined variable R1 or R3 is an C(O)-OMe or C(O)-Me group.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOBLE E JARRELL whose telephone number is (571)272-9077. The examiner can normally be reached 9:00 AM to 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fereydoun Sajjadi can be reached at 571-272-3311. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NOBLE E JARRELL/Primary Examiner, Art Unit 1699
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