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, 4, 17, 18, 23, 24, 38, 43, 44, 62, 64, 76, 82, 85, 95 and 104 are presented for examination.
Applicants’ drawings and preliminary amendment filed October 19, 2023 have been received and entered.
Applicants’ information disclosure statement filed March 12, 2025 has been received and entered.
Applicants’ election filed February 17, 2026 in response to the restriction requirement of December 22, 2025 has been received and entered. The applicants elected the invention described in claims 1, 4, 17, 18, 23, 24, 38, 43, 44, 62, 64, 76, 82 and 85 (Group I) without traverse.
Claims 95 and 104 are withdrawn from consideration as being drawn to the non-elected invention (37 CFR 1.142(b)).
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
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.
Claim 82 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.
Claim 82 is rendered indefinite and vague by the phrase, “said compound is selected from Examples 1 to 163 as defined herein, or a salt and/or solvate thereof”. What are these compounds of Examples 1 to 163? The applicants can overcome this rejection by inserting a table showing Examples 1 to 163 into claim 82.
Claim 82 is not allowed.
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)(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.
Claim(s) 1, 4, 17, 18, 23, 24, 38, 43, 44, 62, 64, 76 and 85 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by WO 2010/026262 A1, hereby known as Mantoulidis et al.
Mantoulidis et al. teach pyrido [5,4-D\ pyrimidines compounds and pharmaceutical compositions comprising these compounds (see page 190, claim 1 to page 198, claim 15). Note page 190, claim 1, the R1 denotes a group optionally substituted by one or more identical or different Rb and/or Rc, selected from among C3-10cycloalkyl, and 3-14 membered heterocycloalkyl, same as the present application’s R1 is selected from substituted or unsubstituted C3-8cycloalkyl, C4-8heterocycloalkyl and C5-10heteroaryl. Note the R3 denotes a hydrogen, C1-4alkyl, halogen, -OH, -O(C1-4alkyl), -NH2, -NH(C1-4alkyl) and N(C1-4alkyl)2, the same as applicants’ Y is selected from H, halo, CN, OH, OC1-₈alkyl, NH₂, NHC₁-₈alkyl, N(C₁-₈alkyl)₂, and a substituted or unsubstituted C₁-₈alkyl. Note the L1 is -NH-, same as applicants’ HN. Note the R4 is selected from among hydrogen and halogen, same as applicants’ X2 is selected from H, halo. Note X1, X2 and X3 is selected independently may be R4* is C1-4alkyl, and halogen, the same applicants’ X1 and is halo, and X3, X4 is halo or C1-3alkyl. Note the L2 is -S(O)2NH-, same as applicants’ -S(O)2NH-, and R2 denotes a group optionally substituted by one or more identical or different Rb and/or Rc selected from among C6-10aryl, 5-12 membered heteroaryl and 3-14 membered heterocycloalkyl, same as applicants’ R² is selected from substituted C₆aryl and C5-10heteroaryl, substituted or unsubstituted C4-8 heterocycloalkyl.
Clearly, the cited reference anticipates applicants’ instant compounds and pharmaceutical compositions; therefore, applicants’ instant compounds and pharmaceutical compositions are unpatentable.
Claims 1, 4, 17, 18, 23, 24, 38, 43, 44, 62, 64, 76 and 85 are not allowed.
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)(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.
Claim(s) 1, 4, 17, 18, 23, 24, 38, 43, 44, 62, 64, 76 and 85 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by WO 2010/094695 A1, hereby known as Ettmayer et al.
Ettmayer at al. teach pyrimido [5,4-D] pyrimidine compounds and preparations of the compounds (see the abstract). Note page 72, claim 1 teaches the compounds of formula (1) or a salt thereof wherein R¹ is an optionally substituted C3-10cycloalkyl, C6-10aryl, 5-12 membered heteroaryl, 3-14 membered heterocycloalkyl, -OR° -SR° or -NR°R°, wherein Rc is C₁-₆alkyl, C3-10cycloalkyl, C6-10aryl, 5-12 membered heteroaryl or 3-14 membered heterocycloalkyl; R² is an optionally substituted C6-10aryl, 5-12 membered heteroaryl or 3-14 membered heterocycloalkyl; R⁴ is hydrogen, CN, NO2, C₁-4haloalkyl or halogen; X¹, X² and X³ are CR⁴* wherein R⁴* is hydrogen, CN, NO₂, C₁-4haloalkyl or halogen; X4 and X⁵ are -N=; L¹ is -NH-; and L² is -S(O)₂NH-; and Q is a bond. Also note Ettmayer et al. teach a composition comprising said compounds.
Clearly, the cited reference anticipates applicants’ instant compounds and pharmaceutical compositions; therefore, applicants’ instant compounds and pharmaceutical compositions are unpatentable.
Claims 1, 4, 17, 18, 23, 24, 38, 43, 44, 62, 64, 76 and 85 are not allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN E WEDDINGTON whose telephone number is (571)272-0587. The examiner can normally be reached M-F 1:30-10:00.
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, Jeff Lundgren can be reached at 571-272-5541. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KEVIN E. WEDDINGTON
Primary Examiner
Art Unit 1629
/KEVIN E WEDDINGTON/Primary Examiner, Art Unit 1629
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