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 .
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 1-4, 14-22, 24-25, 27, 30-34, 38, 41-50, 52-62, 64-65, 67, 69 and 71 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by ZHU et al. (CN 107880029 A).
Regarding claims 1-4, 14-22, 24-25, 27, 30-34, 38, 41-50, 52-62, 64-65, 67, 69 and 71, Zhu teaches an anticancer medication comprising administration of a pyrazole skeleton-containing indole derivative having a structure as represented by the formula (I)
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135
126
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and a pharmaceutically acceptable carrier (relevant to claim 71). Of formula (I) Zhu teaches in a specific embodiment
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241
100
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,
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230
106
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195
264
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(relevant to claim 1) (para. 55, 58 and 73). The above structures reads to the limitations of claimed invention of R1 as a heteroaryl, R2 as a phenyl substituted with a methoxy, m, n, p and s as 0, X1 and X2 is a bond, X3 is N, X4 and X5 is CH, R3 and R4 is H, R9-10 is H (relevant to claims 2-4, 14-22, 24-25, 27, 30-34, 38, 41-50, 52-62, 64-65, 67, 69).
In terms of R7 and R14-15, the claims only further limits the embodiments but does not recite that the compound at m, n, p and s is greater than 0 or X1 and X2 is NR15. Thus the teaching of Zhu wherein m, n, p and s is 0 as well as X1 and X2 as a bond reads to the limitations of the above claims.
Claims 1-2, 14-22, 24-25, 27, 30-33, 41-42, 48-50, 52, 56-62, 64-65, 67, 69 and 72-80 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Zak et al. (US 20170145020 A1).
Regarding claims , Zak teaches a method for the treatment of the disease or condition of cancer, cardiovascular disease, Alzheimer's disease, atherosclerosis, neurological disorders, diabetes, liver disease (relevant to claims 72- 80) (para. 0560) comprising administration of compounds 299
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300
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and 301
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234
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(relevant to claim 1) (Pg 161-162). The above compounds reads to claimed invention of R1 is a heteroaryl, R2 is a pyridyl, m, n, and s is 0, p is 1, X1 and X2 is a bond, X3 is N, X4 is CH, X5 is CR17 in which R17 is an aralkyl, R3 is H, R4 is an alkyl, R9-12 is H (relevant to claims 2, 14-22, 24-25, 27, 30-33, 41-42, 48-50, 52, 56-62, 64-65, 67 and 69).
In terms of R7 and R14-15, the claims only further limits the embodiments but does not recite that the compound at m, n and s is greater than 0 or X1 and X2 is NR15. Thus the teaching of Zak wherein m, n and s is 0 as well as X1 and X2 as a bond reads to the limitations of the above claims.
In terms of the of the diseases and disorders of claims 74-80, the diseases or disorders only further limits the diseases or disorders of claim 72 but not recite claim language of “wherein the disease is”. Thus the teaching of Zak to the limitations of claim 72 also reads to the limitations of claims 73-80.
Allowable Subject Matter
Claims 82, 84, 86, 88, 90, 92 and 94 are allowed.
Claims 5-13, 23, 26, 28-29, 35-37, 39-40, 51, 63, 66, 68, 70, 81, 83, 85, 87, 89, 91 and 93 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.
Conclusion
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MIKHAIL O'DONNEL. ROBINSON
Examiner
Art Unit 1627
/MIKHAIL O'DONNEL ROBINSON/Examiner, Art Unit 1627
/SARAH PIHONAK/Primary Examiner, Art Unit 1627
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