DETAILED ACTION
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 .
Status of the Claims
Claims 1-25 and 27 are pending. Claims 2-16, 19, 22-24 and 27 are withdrawn. Claims 1, 17-18 and 20-21 are rejected. Claim 25 is allowed.
Response to Amendment/Arguments
The amendment filed 05/21/2026 is compliant with the requirements of 37 CFR 1.121(c), accordingly the amendment has been entered. Applicant's arguments have been fully considered and are addressed below:
Objection to the Claims
The objection of claims 1, 21 and 25 for informalities has been overcome by the amendment correcting said informalities. The objections have been withdrawn.
The objection of claim 17 is maintained.
35 USC § 112 Rejections
The rejection of claims 17-18 and 20-21 under 35 USC 112 has been overcome by the amendments to said claims. The rejection has been withdrawn.
35 USC § 102 Rejection
Applicant's amendment and arguments with respect to the rejection of claims 1, 17-18 and 20-21 under 35 USC 102 for being anticipated by Nagarathnam et al. in WO 03/030909 A1 have been fully considered but are not persuasive.
The rejection is maintained.
Applicant has amended the claims such that G2 of Formula (I),
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, in claim 1 and R2 of Formula (IV),
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175
273
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, of claim 17, which corresponds to R5 substituents disclosed in Table 4 of WO ‘909,
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(see page 64), are no longer directed to CH2-aryl, among other possible substituents. The Examiner notes that said amendment does not adequately render the rejection over the reference moot since Example 243, for example, is still embraced by instant formulas (I) and (IV) wherein G2 and R2 are substituted C1 alkyl wherein the alkyl is substituted with dichlorophenyl. See the maintained rejection below.
Scope of the Elected Invention
In accordance with the MPEP 803.02, examination of the Markush-type claims has been extended, as necessitated by amendment, to:
the scope of claim 25;
the scope of Formula (I) of claim 1 wherein G1 is CF3; G2 is unsubstituted alkyl or substituted C1 alkyl wherein the alkyl is substituted with dichlorophenyl; and A and B together are
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161
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; and
the scope of Formula (IV) of claim 17 wherein X6 is NH; X7 is CH; R1 is CF3; R2 is unsubstituted alkyl or substituted C1 alkyl wherein the alkyl is substituted with dichlorophenyl; and R15 and R16 are each hydrogen, which corresponds to the above species of Formula (I). This species was not found allowable over the prior art.
Claims 2-16, 19, 22-24 and 27 remain 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.
Maintained Claim Objections
Claim 17 is objected to because of the following informality:
In the paragraph beginning with “R12, R13, and R14…” on page 7, line 4, “-CF2-cycloalky” should be changed to “-CF2-cycloalkyl” for proper spelling.
Appropriate correction is required.
Maintained 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, 17-18 and 20-21 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Nagarathnam et al. in WO 03/030909 A1.
Nagarathnam et al. teach the compound 243,
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, in Table 4 on page 73. Compound 243 is embraced by instant Formula (I),
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450
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, wherein:
G1 is CF3;
G2 is substituted C1 alkyl wherein the alkyl is substituted with dichlorophenyl; and
A and B together are
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.
Compound 243 is also embraced by instant Formula (IV) of claim 17,
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, wherein:
R1 is CF3;
R2 is C1 substituted alkyl wherein the alkyl is substituted with dichlorophenyl;
X6 is N and X7 is C (see also instant claim 18);
R12 and R14 are each hydrogen (see also instant claim 20); and
R15 and R16 are each hydrogen (see also instant claim 21).
Allowable Subject Matter
Claim 25 is free of the prior art.
The closest prior art is from Nagarathnam et al. in WO 03/030909 A1. Nagarathnam et al. teach compounds of Formula (I),
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, as kinase inhibitors. The compounds of claim 25 are also kinase inhibitors with the same pyrimidine ring core as the prior art, either as the monocyclic pyrimidine, or fused with another aryl or heteroaryl. However, the compounds disclosed by Nagarathnam et al. do not anticipate the present compounds of claim 25, nor do they render the instant claims obvious as positional isomers, homologs, or other close structural relationships. The subject matter of claim 25 is thus novel and nonobvious.
Conclusion
Claims 1, 17-18 and 20-21 are rejected. Claims 2-16, 19, 22-24 and 27 are withdrawn. Claim 25 is allowed.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jalisa H. Ferguson whose telephone number is (703)756-1489. The examiner can normally be reached Monday - Friday 9:00am - 5:00pm.
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/J.H.F./Examiner, Art Unit 1626
/KAMAL A SAEED/Primary Examiner, Art Unit 1626
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