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
Claim 1-16, 21 and 27-29 are pending and are under consideration in the instant office action.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/01/2023 complies with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609. Accordingly, it has been placed in the application file and the information therein has been considered as to the merits. See attached copy of the PTO-1449.
Priority
This application claims priority from U.S. Provisional Application Serial No.
63/156,576 filed March 4, 2021
. Claim Objections
Claims 6, 8-12, 14-16, 21 and 27-29 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.
Claim Rejections - 35 USC § 102
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.
(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 1-5, 7 and 13 are rejected under 35 U.S.C. 102 (a) (1) and under 35 U.S.C 102(a)(2) as being anticipated by Yang et al. (J. Am. Chem. Soc. 2019, 141, 17414-17420)
Instant claims are drawn to a compound of formula
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321
298
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Or a pharmaceutically acceptable salt thereof wherein
X is C, P or As;
R1 and R2 are independently selected from the group consisting of H, alkyl, cycloalkyl, aryl, and heterocycloalkyl, or R1 and R2, taken together with the carbons to which they are bound, form a 5-7-membered ring;
R3 and R4 are independently selected from the group consisting of H, alkyl, cycloalkyl, aryl, and heterocycloalkyl;
R5 and R6 are each
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49
59
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,or when X is C then R5 and R6 taken together with the Cto which they are bound can form a 5-membered ring that is substituted or unsubstituted;
R7 is H or
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52
91
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and
R8 is selected from the group consisting of H, alkyl, cycloalkyl, aryl, and heterocycloalkyl.
Yang et al. discloses tricoordination at Gold(I) and describes the following compound (page 17415, under Results and Discussion, Tricoordination of Gold (I))
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126
109
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which anticipates the instantly claimed compound where X is P, R1, R2, R3 R4, are H and R5, R6 and R7 are Phenyl.
Therefore the compound disclosed by Yang et al. fully anticipates instant claims 1-5, 7 and 13.
Conclusion
Claims 1-5, 7 and 13 are rejected. Claims 6, 8-12, 14-16, 21 and 27-29 are objected. No claims are allowed
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAVITHA RAO whose telephone number is (571)270-5315. The examiner can normally be reached on Mon-Fri 7 am to 4 pm..
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dierdre (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.
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/SAVITHA M RAO/Primary Examiner, Art Unit 1691