DETAILED ACTION
Claims 1, 4, 12, 18, 26, 29, 33, 44, 48, 53, 63, 70, 79, 83, 87, 92, 96, 99, 101, and 105 are currently pending in the instant application. Claims 1, 4, 12, 18, 26, 44, 48, 53, 70, 96, and 99 are rejected. Claims 29, 33, 63, 79, 83, 87, 92, 101 and 105 are withdrawn from consideration as being for non-elected subject matter.
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 of Group I and the species:
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in the reply filed on 27 April 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
According to MPEP 803.02, the examiner has determined whether the elected species is allowable. Applicants’ elected species appears allowable. Therefore, the search and examination has been extended to the compounds:
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,
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, and
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which are not allowable.
Claims 1, 4, 12, 18, 26, 44, 48, 53, 70, 96, and 99 have been examined to the extent that they are readable on the elected embodiment, the elected species and the above mentioned compounds.
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) 1, 4, 12, 26, 44, 48, 96, and 99 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Registry No. 1060424-54-5.
Registry No. 1060424-54-5 is:
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. Registry No. 1060424-54-5 corresponds to the formula (I):
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, for example, wherein R1 is unsubstituted aryl, specifically unsubstituted phenyl; G is -CH2O-; n is 0; A is
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; m is 0; L is -C(=O)-; and R5 is substituted heteroaryl, specifically substituted triazolyl. Registry No. 1060424-54-5 corresponds to compound 419 in instant claim 96:
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, page 51.
Registry number 1060424-54-5 is available as prior art as of 13 October 2008, the date it was indexed into the CAplus database.
See MPEP 2128: ELECTRONIC PUBLICATIONS AS PRIOR ART Status as a "Printed Publication" An electronic publication, including an on-line database or Internet publication, is considered to be a “printed publication” within the meaning of 35 U.S.C. 102(a) and (b) provided the publication was accessible to persons concerned with the art to which the document relates. See In re Wyer, 655 F.2d 221, 227, 210 USPQ 790, 795 (CCPA 1981) Since this date represents the date that each compound entered the CAPlus database on STN, this represents the date that each compound was made accessible to the public.
The aforementioned compound anticipates the instantly claimed compounds: It is further noted that for the purposes of determining if a reference is a “printed publication” for the purposes of 102(b), MPEP 2128 states the following:
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where “prior art disclosures…on an on-line database are considered to be publicly available as of the date the item was publicly posted.” Since each of the database entries above lists the date that each compound was entered into the on-line database, the compounds were made publicly available as of that date in each citation, and the claims are anticipated.
Regarding the composition of claim 99 comprising the anticipatory compounds and an excipient, the Registry entry for Registry no. 1060424-54-5 discloses a mass solubility in unbuffered water. This teaching in of water anticipates the claimed composition, wherein the compounds are present with a carrier (i.e., water).
Claim(s) 1, 4, 12, 18, 26, 44, 48, 53, 99 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Registry No. 1387687-08-2.
Registry No. 1387687-08-2 is
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. Registry No. 1387687-08-2 corresponds to the formula (I):
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, for example, wherein R1 is unsubstituted aryl, specifically unsubstituted phenyl; G is -O-; n is 1; R2 and R3 are each hydrogen; A is
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; m is 0; L is a bond; and R5 is substituted or unsubstituted heteroaryl, such as:
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wherein R20 and R30 together with the atoms to which they are attached form an unsubstituted aryl, wherein R5 is such as unsubstituted quinoxalinyl. Registry No. 1387687-08-2 corresponds to compound 418 in instant claim 96:
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, page 36.
Registry number 1387687-08-2 is available as prior art as of 08 August 2012, the date it was indexed into the CAplus database.
See MPEP 2128: ELECTRONIC PUBLICATIONS AS PRIOR ART Status as a "Printed Publication" An electronic publication, including an on-line database or Internet publication, is considered to be a “printed publication” within the meaning of 35 U.S.C. 102(a) and (b) provided the publication was accessible to persons concerned with the art to which the document relates. See In re Wyer, 655 F.2d 221, 227, 210 USPQ 790, 795 (CCPA 1981) Since this date represents the date that each compound entered the CAPlus database on STN, this represents the date that each compound was made accessible to the public.
The aforementioned compound anticipates the instantly claimed compounds: It is further noted that for the purposes of determining if a reference is a “printed publication” for the purposes of 102(b), MPEP 2128 states the following:
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where “prior art disclosures…on an on-line database are considered to be publicly available as of the date the item was publicly posted.” Since each of the database entries above lists the date that each compound was entered into the on-line database, the compounds were made publicly available as of that date in each citation, and the claims are anticipated.
Regarding the composition of claim 99 comprising the anticipatory compounds and an excipient, the Registry entry for Registry no. 1387687-08-2 discloses a mass solubility in unbuffered water. This teaching in of water anticipates the claimed composition, wherein the compounds are present with a carrier (i.e., water).
Claim(s) 1, 12, 18, 26, 44, 48, 70, and 99 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Registry No. 1422645-02-0.
Registry No. 1422645-02-0 is
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. Registry No. 1422645-02-0 corresponds to the formula (I):
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, for example, wherein R1 is unsubstituted or substituted heteroaryl; G is a bond or -CR2R3 wherein R2 and R3 are each hydrogen; and n is 1 or 0 wherein R2 and R3 are each hydrogen; A is
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; m is 0; L is a -C(=O)-; and R5 is substituted heteroaryl. Registry No. 1422645-02-0 corresponds to, for example, formula (I-a) of claim 70:
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.
Registry number 1422645-02-0 is available as prior art as of 08 March 2013, the date it was indexed into the CAplus database.
See MPEP 2128: ELECTRONIC PUBLICATIONS AS PRIOR ART Status as a "Printed Publication" An electronic publication, including an on-line database or Internet publication, is considered to be a “printed publication” within the meaning of 35 U.S.C. 102(a) and (b) provided the publication was accessible to persons concerned with the art to which the document relates. See In re Wyer, 655 F.2d 221, 227, 210 USPQ 790, 795 (CCPA 1981) Since this date represents the date that each compound entered the CAPlus database on STN, this represents the date that each compound was made accessible to the public.
The aforementioned compound anticipates the instantly claimed compounds: It is further noted that for the purposes of determining if a reference is a “printed publication” for the purposes of 102(b), MPEP 2128 states the following:
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where “prior art disclosures…on an on-line database are considered to be publicly available as of the date the item was publicly posted.” Since each of the database entries above lists the date that each compound was entered into the on-line database, the compounds were made publicly available as of that date in each citation, and the claims are anticipated.
Regarding the composition of claim 99 comprising the anticipatory compounds and an excipient, the Registry entry for Registry no. 1422645-02-0 discloses a mass solubility in unbuffered water. This teaching in of water anticipates the claimed composition, wherein the compounds are present with a carrier (i.e., water).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REBECCA L ANDERSON whose telephone number is (571)272-0696. The examiner can normally be reached Monday-Friday from 6am-2pm.
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, Andrew Kosar can be reached at 571-272-0913. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/REBECCA L ANDERSON/Primary Examiner, Art Unit 1626 ____________________ July 1, 2026
Rebecca Anderson
Primary Examiner
Art Unit 1626, Group 1620
Technology Center 1600
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