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 .
Response to Amendment
The amendments received 03/16/2026 have been entered. Claims 1-3, 5-8, 10, 15-21, and 23-24 are pending. Any objection or rejection as set forth in the Office Action mailed 12/17/2025 not expressly maintained herein has been overcome and is withdrawn.
Information Disclosure Statement
The information disclosure statement (IDS) filed on 3/12/2026 is in compliance with the provisions of 37 CFR 1.97. All references have been considered except where marked with a strikethrough. A signed copy of Form 1449 is included with this Office Action.
Claim Objections
Claim 23 is objected to because of the following informality: the claim should read “…wherein the method comprising administering…” Applicant’s remarks on page 43 read that the claim was amended to recite “…wherein the method comprising administering…” but the claim, in fact, has not been amended to address this issue, as it currently reads “…wherein the method comprising administration…”. Appropriate correction is required.
New Objections/Rejections
Not Necessitated by Claim Amendment
Claim Objections
Claims 1, 21 and 23-24 are objected to because of the following informalities: the claims are not consistent with proper Markush practice. The claims should be listed in the singular alternative format. Regarding claim 1, the examiner suggests that it be rewritten to read, “…wherein n is independently an integer from 0 to 14…” (emphasis added). Regarding claim 21, the examiner suggests that it be rewritten to read, “A pharmaceutical composition, being prepared from an active ingredient and pharmaceutically acceptable carrier or excipient, wherein the active ingredient includes…” (emphasis added) so as to be consistent with proper Markush practice. Regarding claim 23, the examiner suggests that it be rewritten to read, “A method for treating a tumor…” (emphasis added) and claim 24 be rewritten to read, “The method according to claim 23, wherein the tumor is…” (emphasis added). No new matter permitted. Appropriate correction is required.
Claim Rejections - 35 USC § 112(d)
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 18 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 18 recites that R3 can be selected from a fragment that includes:
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This specific fragment is not further narrowing of any of the claims from which it depends since R3 is defined as A-B, where A is -NHR-. This limitation requires that R3 has an amine -NH- linkage, and there cannot be a direct linkage between the two aryl groups.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claims 1, 6-8, 16-17, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Booth et al. (WO 01/70741 A1, published September 27, 2001, cited on Applicant IDS dated March 12, 2026) (hereinafter, “Booth”).
Booth teaches Compound 54, on page 16, shown below:
Booth et al. Instant claims Formula (I):
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This is embraced by instant Formula (I), wherein Y, L, and Z are absent, R1 is CH3, R2 is cyclopentyl (with R9 as H), R3 is AB, where A is NHR, where R is phenyl, and B is an R8 substituted 6-membered heterocycloalkyl (here, R8 is methyl, and the heterocycloalkyl is a piperazinyl), and E is an R5 substituted C1-C8 alkyl (specifically, C2 alkyl), where R5 is a halogen (specifically, fluorine).
As compound claims 6-8, and 16-17 are also anticipated by Booth, they are similarly rejected. Booth also claims a pharmaceutical composition comprising said compounds (reference claim 9), and thus, instant claim 21 is also rejected.
Claims 1, 6-8, 16-17, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wurz et al. (WO 2014/134308, published September 4, 2014, cited on Applicant IDS dated March 12, 2026) (hereinafter, “Wurz”).
Wurz teaches Compound 16, on page 87, shown below:
Wurz et al. Instant claims Formula (I)
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This is embraced by instant Formula (I), wherein Y, L, and Z are absent, R1 is CH3, R2 is phenyl (where R9 is NH(R4), R4 is COR11 and R11 is vinyl), R3 is AB, where A is NHR, where R is R7 substituted phenyl (where R7 is C1 alkoxy, specifically methoxy), and B is an C3-C12 membered heterocycloalkyl substituted amine group (here, a C4 membered heterocycloalkyl, specifically azetidinyl, substituted with an amine group), and E is an R5 substituted C1-C8 alkyl (specifically, C2 alkyl), where R5 is a halogen (specifically, fluorine).
As compound claims 6-8, and 16-17 are also anticipated by Booth, they are similarly rejected. Booth also claims a pharmaceutical composition comprising said compounds (reference claim 44), and thus, instant claim 21 is also rejected.
Conclusion
Claims 1, 6-8, 16-18, and 21 are rejected.
Claims 1, 21 and 23-24 are objected.
Claims 2-3, 5, 10, 15, 19-20 are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUKE ALAN BORALSKY whose telephone number is (571)272-9746. The examiner can normally be reached Monday - Friday 7:30 am - 5:00 am.
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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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/L.A.B./Examiner, Art Unit 1624
/JEFFREY H MURRAY/Supervisory Patent Examiner, Art Unit 1624
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