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
Election/Restrictions and Status of the Claims
Applicant’s election without traverse of Group II, comprising claims 8-15 and 22-23, as well as applicant’s election of ‘Compound 83’ as the single specific compound in the response filed on May 4th 2026 is acknowledged.
Claims 1-23 are pending.
Claims 1-7 and 16-21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 May 4th 2026.
Claims 8 and 22-23 are examined on their merits.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The Information Disclosure Statement filed on May 4th 2026 is in compliance with the provisions of 37 CFR 1.97 and has been considered in full. A signed copy of references cited from the IDS is included with this Office Action.
Claim Objections
Claims 22 and 23 are objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim may not depend on another multiple dependent claim. See MPEP § 608.01(n). For the purpose of examination, claims 22 and 23 will be treated as if they depend solely on claim 8.
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.
Claims 8 and 22-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Myers (US Patent No. 5,710,158 issued on January 20th 1998).
Claim 8 is directed towards a compound of Formula (II):
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190
216
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.
Myers teaches the compound,
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372
500
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(Myers, col. 23).
Myers’ compound is equivalent to Formula (II) wherein R4 is OCH3, m is 2, A is -C(H)=, p is 0, Ra is CH3, R3 is OCH3, n=1, and R2 is OCH3. Thus, Myers anticipates claim 8.
Claim 22 is directed towards a pharmaceutical composition comprising the compound of claim 8. Myers describes such pharmaceutical compositions (Myers, col. 10-11), anticipating claim 22.
Claim 23 is directed towards the treatment of cancer via administration of the compound of claim 8. Myers teaches the inhibition of cell proliferation with the compound (Myers, claim 1), and teaches cancer as one such disease wherein such a treatment would be useful (Myers, col. 1). Myers thereby anticipates claim 23.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anthony Seitz whose telephone number is (703)756-4657. The examiner can normally be reached 7:30 AM ET - 5:00 PM ET M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey 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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/ANTHONY JOSEPH SEITZ/Examiner, Art Unit 1629
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