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 .
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.
Claims 3-7, 10, 11, 14, 15, 19-21, 23, 24, 31, 36, 39 and 40 are pending in the application.
This action is in response to applicants' amendment dated November 17, 2025. Claims 3-7, 10, 11, 14, 15, 19-21, 23, 24, 31, 36, 39 and 40 have been amended and claims 1, 8, 9, 12, 13, 16-18, 22, 25, 32, 34, 35 and 38 have been canceled.
Response to Amendment
Applicant's arguments filed November 17, 2025 have been fully considered with the following effect:
With regards to the 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph rejection, labeled paragraph 3) in the last office action, the applicant's amendments and arguments have been fully considered but they are not persuasive. The applicants stated that relevant claims have been amended to recited “a pancreatic cancer, a colorectal cancer, or a lung cancer”, which is herein acknowledged but the applicants failed to address “preventing” which is not remotely enabled. It is presumed in the prevention of the diseases and/or disorders claimed herein there is a way of identifying those people who may develop a pancreatic cancer, a colorectal cancer, a lung cancer, etc. There is no evidence of record, which would enable the skilled artisan in the identification of the people who have the potential of becoming afflicted with the disorders claimed herein.
Claims 36 and 39 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention, for reasons of record and stated above.
The applicant's amendments and arguments are sufficient to overcome the 35 U.S.C. 102(a)(1), anticipation rejection or 35 U.S.C. 103, obviousness rejection, labeled paragraph 6) in the last office action, which is hereby withdrawn.
The applicant's filing of a terminal disclaimer is sufficient to overcome the nonstatutory double patenting rejection, labeled paragraph 7) in the last office action, which is hereby withdrawn.
The applicants’ amendments are sufficient to overcome the 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph rejection, labeled paragraph 8) in the last office action, which is hereby withdrawn.
The applicant's amendments and arguments are sufficient to overcome the 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph rejections, labeled paragraph 9a) in the last office action, which is hereby withdrawn.
With regards to the provisional nonstatutory double patenting rejection as being unpatentable over claims 1-4, 7-9, 11-13 and 16-18 of copending Application No. 18/723,594 of the last office action, the applicants request that the Examiner hold the rejection over Application in abeyance until there is allowable subject matter.
Claims 3-6, 15, 19, 20, 23, 24, 31, 36, 39 and 40 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 7-9, 11-13 and 16-18 of copending Application No. 18/723,594, for reasons of record and stated above.
The applicant's amendments are sufficient to overcome the claim objections, labeled paragraph 11) in the last office action, which are hereby withdrawn.
In view of the amendment dated November 17, 2025, the following new grounds of rejection apply:
Claim Rejections - 35 USC § 112
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 3-7, 10, 11, 14, 15, 19-21, 23, 24, 31, 36, 39 and 40 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 pre-AIA the applicant regards as the invention. The following reasons apply:
Claim 3 and claims dependent thereon are vague and indefinite in that it is not known what is meant by
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at the bottom of page 4.
Claim 3 and claims dependent thereon are vague and indefinite in that it is not known what is meant by
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at the bottom of page 5.
Claim 23 recites the limitation "-C1-6 deuteroalkyl" in the definition of Rm’.. There is insufficient antecedent basis for this limitation in the claim.
Claim 24 recites the limitation "-CD3" in the structure of Z26-2 with respect to the definition of Rm’. There is insufficient antecedent basis for this limitation in the claim.
Claim 40 recites the limitation "-C1-6 deuteroalkyl" in the definition of Rm’.. There is insufficient antecedent basis for this limitation in the claim.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENDA L COLEMAN whose telephone number is (571)272-0665. The examiner can normally be reached Mon-Fri 10-6 (flex).
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, Jeffrey H. Murray can be reached at 571-272-9023. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRENDA L COLEMAN/Primary Examiner, Art Unit 1624