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 .
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.
Current Status of 18/497,586
This Office Action is responsive to the amended claims of 16 January 2024.
Claims 1-3, 5, 7-9, 11-12, 14, 16, 18-23, 26, 28-31, 35-37, and 41 have been examined on the merits.
Priority
The effective filing date is 30 April 2021.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 21 May 2025; and 10 March 2025, are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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 1-3, 5, 7-9, 11-12, 14, 16, 18-23, 26, 28-31, 35-37, and 41 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.
The claim 1 discloses “including” which renders the metes and bounds of claim 1 undefined (hence rendering claim 1 indefinite) since the artisan does not know if the limitations following “including” are required or merely exemplary limitations. Please delete “including” to render moot this rejection.
Claim 2 also discloses “including” and is similarly rejected as indefinite for the same rationale.
Claims 3, 5, 7-9, 11-12, 14, 16, 18-23, 26, 28-31, 35-37, and 41 are similarly rejected as indefinite since these claims refer back to claim 1 but do not remedy the rationale underpinning the basis for rejecting claim 1.
Conclusion
No claims are presently allowable as written.
Claim 1 is free of the prior art. There is no known prior art reference that either teaches or anticipates any compound of genus formula X of instant claim 1.
The reference ARVINAS (WO 2021/011913 A1, referenced in IDS of 21 May 2025), discloses the compound:
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106
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(see page 540).
However, reference ARVINAS is a close art but not a prior art reference since this compound is structurally distinct from the instant genus formula X.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN S KENYON whose telephone number is (571)270-1567. The examiner can normally be reached Monday-Friday 10a-6p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew D 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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/JOHN S KENYON/Primary Patent Examiner, Art Unit 1625