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 .
DETAIL ACTION
This office action is a response to an application filed 9/20/2023 claiming domestic priority to 63/408,561 filed 9/21/2022.
As filed, claims 1-10, 13, 15-18, 21, 24, 26, 29, and 33 are pending; and claims 11, 12, 14, 19, 20, 22, 23, 25, 27, 28, 30-32, and 34 are cancelled.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/1/2023; 12/20/2023; 1/22/2024; 3/15/2024; and 4/14/2025 has been considered by the Examiner.
Claim Rejections - 35 USC § 112(b)
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.
Claims 24, 26, and 29 are 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.
Regarding claims 24, 26, and 29, the claims are dependent of claim 1, and recite the phrase, “The method of claim 1”, wherein the word, “the”, requires antecedent basis, and it is unclear where applicant has defined “a” method in claim 1, 24, 26, or 29. Without antecedent basis, the claims are rendered indefinite.
Regarding claim 24, the claim is dependent of claim 1, and recites the phrase, “the composition”, wherein the word, “the”, requires antecedent basis, and it is unclear where applicant has defined “a” composition in claim 1 or 24. Without antecedent basis, the claim is rendered indefinite.
Claim Objections
Claim 9 is objected to because of the following informalities:
Regarding claim 9, the claim recites the phrase, “wherein one and only one of R1, R2, and R3 is not -H”.
Such expression can be clarified by reciting -- wherein 1, R2, and R3 is not -H --.
Appropriate correction is required.
Allowable Subject Matter
Claims 1-8, 10, 13, 15-18, 21, and 33 are allowed.
Conclusion
Claims 24, 26, and 29 are rejected.
Claims 1-8, 10, 13, 15-18, 21, and 33 are allowed.
Claim 9 is objected.
Claims 11, 12, 14, 19, 20, 22, 23, 25, 27, 28, 30-32, and 34 are cancelled.
The instant claims are drawn to a compound of instant formula (I) or a method of treatment via the compound thereof; and the para position of the -OH substituent relative to the -CH2CH(NH2)CO2H group does not appear to have been disclosed previously in the prior arts. In addition, the compound of instant formula (I) has shown unexpected superior ability and selectivity to be taken up by human cancer cell lines SAS and U87-MG when compared to compound disclosed in prior art reference, such as U.S. Patent No. 12,319,707, hereinafter Torgov. Furthermore, the prior art provide insufficient guidance or motivation that would have led a person having ordinary skill in the art to arrive at the instantly claimed compounds.
Telephone Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PO-CHIH CHEN whose telephone number is (571)270-7243. The examiner can normally be reached Monday - Friday 10:00 am to 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Brooks can be reached at (571)270-7682. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PO-CHIH CHEN/Primary Examiner, Art Unit 1621