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 .
Priority
This application is a DIV of 16/760,780 (04/30/2020, US11696928)
16/760,780 is a 371 of PCT/IB2018/058593 (11/01/2018)
PCT/IB2018/058593 has PRO 62/581,149 (11/03/2017).
Election/Restrictions
Applicant's election of species without traverse of the following in the reply filed on 12/5/2025 is acknowledged.
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The elected species corresponds to claim 1 formula I:
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when V1 is N; V2 is CH; W is C; X is S; R1 is CH3; R2 is H; R3 is 4-chlorophenyl;
and is determined to read on claims 1-2, 7-9, 11-12, 16-17.
As detailed in the following rejections, the generic claim encompassing the elected species was not found patentable. Therefore, the provisional election of species is given effect, the examination is restricted to the elected species only, and claims not reading on the elected species are held withdrawn. MPEP 803.02; Ex parte Ohsaka, 2 USPQ2d 1460, 1461 (Bd. Pat. App. lnt. 1987). Accordingly, claims 3-6, 10, 13-15 are hereby withdrawn.
Should applicant, in response to this rejection of the Markush-type claim, overcome the rejection through amendment, the amended Markush-type claim will be reexamined to the extent necessary to determine patentability of the Markush-type claim. See MPEP 803.02.
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 1-2, 7-9, 11, 16-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abulwerdi et al. (J. Med. Chem. 2016, 59, p. 11148−11160).
Abulwerdi teaches compound 7 (p. 11149):
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corresponding to claim 1 formula I:
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when: V1 is N; V2 is CH; W is C; X is S; R1 is CH3;
R2 is H; R3 is 4-trifluoromethylphenyl.
Claim Objections
Claim 12 is objected to for being dependent on a rejected base claim.
Conclusion
No claims allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT H HAVLIN whose telephone number is (571)272-9066. The examiner can normally be reached 9am - 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kortney Klinkel can be reached at (571) 270-5293. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT H HAVLIN/Primary Patent Examiner, Art Unit 1626