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 .
According to a preliminary amendment filed on March 20, 2024, the applicants have canceled claims 3-4, 6-9, 13-17, 19, 22-25, 27-29, 32, 35, 38-40, 44, 46-47, 49, 53-57 and 60 and furthermore, have amended claims 5, 10-12, 18, 20-21, 26, 30-31, 33-34, 36-37, 41-43, 45, 48, 51 and 58-59.
Claims 11, 2, 5, 10-12, 18, 20-21, 26, 30-31, 33-34, 36-37, 41-43, 45, 48, 50-52 and 58-59 are pending in the application.
Claim Rejections - 35 USC § 112
4. 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, 50 and 59 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.
In claim 1, the term - - compound is other than a compound in table 1X - - - is mentioned. However, table 1X is not present in the claim.
In claim 50, compounds in table 1 are mentioned. However, table 1 is not present in the claim.
In claim 59, specific diseases being treated are not defined.
Claim Rejections - 35 USC § 102
(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, 5, 11, 12, 18, 20, 26, 30, 33, 34, 36, 37, 41, 51 and 58-59 are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Dobler (WO 2008/122615 A1, cited on applicant’s form 1449).
Dobler discloses Naphthyridines as protein kinase inhibitors for treating various diseases (see claim 17). The compounds disclosed on pages 64 and 92 by Dobler anticipate the instant claims when variable R5 represents H, variables R7a and R7b together form a carbonyl group, variable G2 represents N, variable G1 represents C and variable R1 represents substituted pyridine in the instant compounds of formula (I).
Allowable Subject Matter
Claims 2, 10, 21, 31, 42, 43, 45, 48 and 52 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARANJIT AULAKH whose telephone number is (571)272-0678. The examiner can normally be reached Monday-Friday 7:00-3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton A Brooks can be reached at 571-270-7682. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARANJIT AULAKH/ Primary Examiner, Art Unit 1621
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