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 . Claims 154-159, 161-166, 168-171 and 173 are pending in this application.
Election/Restrictions
Applicant’s election without traverse of Group I and a single disclosed species in the reply filed on 07/08/2026 is acknowledged.
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The examiner searched the elected species and found no prior art. The examiner expanded the search to cover full scope of the elected invention, but the search was stopped when a prior art was found.
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 154 and 161 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pouzet et al. WO2009050242 A2 (equivalent to U.S. Pat. No. 8,637,519). Cited reference teaches the following compounds that are the same as applicants when applicant’s Formula (I) has the following substituents: R1 = R2 = H; R3 = ethyl; and one of R4 or R5 = H and the other one is Cl or NR8R9 wherein R8 and R9 are joined to form a piperazine ring.
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Since said compounds are the same as applicants the 102(a)(1) rejection is proper.
Claim 173 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wagner et al. WO2021252691 A1 (claims priority to US 2020-63037470, filed on 06/10/2020). Cited reference teaches the following two compounds that are the same as applicants.
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Since said compounds are the same as applicants the 102(a)(2) rejection is proper.
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 154-159 and 161-166 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. Claim 154 and claims dependent thereon are rejected because the phrase “optionally substituted” is indefinite. In the absence of the specific moieties intended to effectuate modification by the “substitution” or attachment to the chemical core claimed, the term “substituted” renders the claims in which it appears indefinite in all occurrences wherein applicants fails to articulate by chemical name, structural formula or sufficiently distinct functional language, the particular moieties applicants regards as those which will facilitate substitution, requisite to identifying the composition of matter claimed.
Objection
8. Claims 168-171 are objected to as being dependent upon a rejected base claim, but may be allowable after further search if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Information Disclosure Statement
9. Applicant’s Information Disclosure Statement, filed on 01/23/2024 has been acknowledged. Please refer to Applicant’s copies of the 1449 submitted herewith.
Conclusion
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kahsay Habte Ph.D. whose telephone number is (571)272-0667. The examiner can normally be reached on 8:30 - 5:00 PM.
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 MURRAY can be reached on 571-272-9023. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Kahsay Habte/
Primary Examiner, Art Unit 1624
July 21, 2026
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