DETAILED ACTION
Claims 34-37 and 41-55 are currently pending in the instant application. Claims 34, 35, 41-50, and 54 are rejected. Claims 37 and 53 are objected. Claims 36, 51, and 52 are withdrawn from consideration as being for non-elected subject matter.
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 .
Election/Restrictions
Applicant’s election without traverse of Group III and the species of compound 24:
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in the reply filed on 26 February 2026 is acknowledged.
According to MPEP 803.02, the examiner has determined whether the elected species is allowable. Applicants’ elected species appears allowable. Therefore, the search and examination has been extended to the compounds of claims 37 and 53 which also appear allowable and further to the compound:
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which is not allowable.
Claims 34, 35, 41-50, and 53-55 have been examined to the extent that they are readable on the elected embodiment, the elected species and the above mentioned compounds. Claims 36, 51, and 52 do not read on the elected species and are withdrawn from consideration.
Specification
The abstract of the disclosure is objected to because the abstract contains legal phraseology, see line 1 which includes the word “said.” A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
Claim Objections
Claims 37 and 53 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(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.
Claim(s) 34, 35, 41-50, 54 and 55 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by WO 2023/016484.
WO2023/016484 discloses compounds of the formula (I):
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on page 2. In regards to Applicant’s instant claim 55, the ‘484 WO provides pharmaceutical compositions on pages 28-29 and 31-32. A specific compound disclosed is the compound 1:
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on page 47 and in claim 14. The compound 1 anticipates applicant’s instant claims 34, 35, and 42-48 formula (II):
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wherein X is -C(R6)(R6a)-; R6 and R6a are each hydrogen; R1 is unsubstituted C1-9 heteroaryl; R8a and R8e are both -OR10 wherein R10 is C1-6alkyl; R8b, R8c and R8d are each hydrogen; R9c is hydrogen; and R9a and R9b are combined to form a C2-9heterocycloalkyl. The compound 1 anticipates applicant’s instant claim 41 wherein:
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. The compound 1 anticipates applicant’s instant claim 49 wherein R1 is pyrazolyl. The compound 1 anticipates applicant’s instant claim 50 wherein R1 is:
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. The compound 1:
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anticipates the compound
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of Applicant’s instant claim 54. WO 2023/016484 was published on 16 February 2023 and filed on 10 August 2022 claiming priority to CN202111142090.4 filed 28 September 2021. CN202111142090.4 provides the compound 1 on page 11:
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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REBECCA L ANDERSON whose telephone number is (571)272-0696. The examiner can normally be reached Monday-Friday from 6am-2pm.
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, Andrew Kosar can be reached at 571-272-0913. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/REBECCA L ANDERSON/Primary Examiner, Art Unit 1626 ____________________ 2 April 2026
Rebecca Anderson
Primary Examiner
Art Unit 1626, Group 1620
Technology Center 1600