DETAILED ACTION
Status of Claims
The amendment submitted February 20, 2026 has been entered.
Claims 135-136, 141-142, and 153-168 are pending.
Claims 1, 4-5, 12, 15, 18, 25, 27, 29, 32, 34-35, 48, 54, and 137-138 are cancelled by Applicant.
Claims 153-168 are new.
Claims 136, 141, and 142 are amended.
Claim 142 is withdrawn in the instant office action as explained below in the Election/Restriction section.
Claims 135-136, 141, and 153-168 are under consideration in the instant office action as explained below in the Election/Restriction section
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 II, claims 135-136, drawn to a compound of Formula (B*) in the reply filed on February 20, 2026 is acknowledged.
New claims 141 and 153-168 are directed towards compound of Formula (B*); therefore, are likewise elected.
Applicant’s election without traverse of compound 115 in Table 1 as a species of compound of Formula (B*) in the reply filed on February 20, 2026 is acknowledged.
[AltContent: textbox (W)][AltContent: textbox (R1)][AltContent: textbox (R4)][AltContent: textbox (Z)][AltContent: textbox (R3)][AltContent: rect][AltContent: rect][AltContent: rect][AltContent: rect][AltContent: rect]
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The election reads on claims 135-136, 141, and 153-168,
where R¹ is substituted 3 to 10-membered heterocycle;
R³ is C3-12 carbocycle substituted with halogen;
R⁴ is C1-10 alkyl;
Z is 3- to 12-membered heterocycle;
and W is 3- to 12-membered heterocycle.
For the purposes of compact prosecution, the search was expanded.
New claim 142 is directed towards a method of treating a disease comprising a compound of claim 1; therefore, it is a part of Group IV.
Consequently, Claim 142 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on February 20, 2026.
Claims 135-136, 141, and 153-168 are under consideration and the subject of this Office Action.
Priority
This application is a 371 National Phase Application of PCT/CN2022/077478 filed February 23, 2022, which claims the benefit of priority to PCT/CN2021/077670, filed on February 24, 2021. Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d), and the certified copy has been filed. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
Five information disclosure statements (IDS) submitted on February 20, 2026; June 11, 2025; July, 23, 2024; April 8, 2024 and October 31, 2023 are acknowledged. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
Claim Objections
Claim 160 is objected to because of the following informalities: At line 2, “alky” should read as alkyl.
Appropriate correction is required.
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 135, 141, 160, 161, and 167 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being clearly anticipated by Eggenweiler et al (USPN 8,501,754 B2).
At column 120, line 30, Eggenweiler discloses the following compound as shown below.
[AltContent: rect][AltContent: textbox (Z is C3-C12 carbocycle)][AltContent: rect][AltContent: textbox (W is 8-12 membered heterocycle)][AltContent: textbox (R4 is methyl)][AltContent: textbox (R3 is phenyl)][AltContent: rect][AltContent: rect]
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The compound reads on claim 135 where R3 is phenyl, W is an 8-12 membered heterocycle, R4 is methyl, and Z is a C3-C12 carbocycle.
For the Z substituent, on page 20, paragraph [0047], Applicant defines “Carbocycle" refers to a saturated, unsaturated or aromatic ring system in which each ring atom of the ring system is carbon. Carbocycle may include 3- to 10-membered monocyclic rings, 6- to 12-membered bicyclic rings, and 6- to 12-membered bridged rings.”
Therefore, Eggenweiler’s compound meets the limitations of claim 135.
Regarding claim 160 and 161, Eggenweiler’s compound meets the limitations where R4 is C1-C6 alkyl, as R4 is methyl.
Regarding claim 167, Eggenweiler’s compound meets the limitations where R3 is optionally-substituted phenyl.
As per MPEP 2131.02.I: “A generic claim cannot be allowed to an applicant if the prior art discloses a species falling within the claimed genus." The species in that case will anticipate the genus. In re Slayter, 276 F.2d 408, 411, 125 USPQ 345, 347 (CCPA 1960); In re Gosteli, 872 F.2d 1008, 10 USPQ2d 1614 (Fed. Cir. 1989).”
Regarding claim 141, at column 25, lines 41-48, Eggenweiler teaches that “The invention furthermore relates to the use of the compounds and/or physiologically acceptable salts thereof for the preparation of a medicament (pharmaceutical composition), in particular by non-chemical methods. They can be converted into a suitable dosage form here together with at least one solid, liquid and/or semi-liquid excipient or adjuvant and, if desired, in combination with one or more further active ingredients.”
Claim 16-17 of Eggenweiler additionally teaches pharmaceutical compositions comprising the compound as shown above.
Therefore, claims 135, 141, 160, 161, and 167 are rejected as clearly anticipated by Eggenweiler.
Claims 135, 141, 160, 161, and 167 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being clearly anticipated by Buettelmann et al. (USPN 7,585,874 B2).
Buettelmann discloses compounds of Formula I-a as shown below (column 12, top structure I-f).
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By example only, Buettelmann also discloses Example 14 (page 20, shown below), which reads on claim 135 where R3 is phenyl, W is an 8-12 membered heterocycle, R4 is methyl, and Z is a C3-C12 carbocycle.
Regarding claim 160 and 161, Example 14 compound meets the limitations where R4 is C1-C6 alkyl, as R4 is methyl.
Regarding claim 167, Example 14 meets the limitations where R3 is phenyl.
[AltContent: textbox (Z is a C3-C12 carbocycle)][AltContent: textbox (R3 is phenyl)]
[AltContent: textbox (W is an 8-12 membered heterocycle)][AltContent: textbox (R4 is methyl)][AltContent: rect][AltContent: rect][AltContent: rect][AltContent: rect]
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As per MPEP 2131.02.I: “A generic claim cannot be allowed to an applicant if the prior art discloses a species falling within the claimed genus." The species in that case will anticipate the genus. In re Slayter, 276 F.2d 408, 411, 125 USPQ 345, 347 (CCPA 1960); In re Gosteli, 872 F.2d 1008, 10 USPQ2d 1614 (Fed. Cir. 1989).”
Regarding claim 141, at columns 13, last two lines and column 14, lines 1-24, Buettelmann teaches that “The invention also provides pharmaceutical compositions containing compounds of the invention, for example compounds of formula I and/or their pharmaceutically acceptable acid addition salts, and a pharmaceutically acceptable carrier. Such pharmaceutical compositions can be in the form of tablets, coated tablets, dragées, hard and soft gelatin capsules, solutions, emulsions or suspensions. The pharmaceutical compositions also can be in the form of suppositories or injectable solutions.
The pharmaceutical compounds of the invention, in addition to one or more compounds of the invention, contain a pharmaceutically acceptable carrier.”
Therefore, claims 135, 141, 160, 161, and 167 are rejected as clearly anticipated by Buettelmann.
Claims 135, 141, 156, 160, 161, and 167 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being clearly anticipated by Severance et al (US-PGPUB 2006/0252807 A1).
Severance teaches compounds such as Example 9 (shown below, paragraph [518], column 31).
[AltContent: textbox (R3 is optionally substituted phenyl with chloro)]
[AltContent: textbox (W is a 5-membered heterocycle)]
[AltContent: rect][AltContent: textbox (Z is a C3-C12 carbocycle)][AltContent: textbox (R4 is methyl)][AltContent: rect][AltContent: rect][AltContent: rect]
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Example 9 reads on claim 135 where R3 is phenyl, W is a 5-membered heterocycle, R4 is methyl, and Z is a C3-C12 carbocycle.
Therefore, Example 9 meets the limitations of claim 135.
Regarding claim 156, Example 9 meets the limitations “wherein W is optionally substituted 5- to 8- membered heterocycle, wherein the 5- to 8-membered heterocycle comprises at least 2 heteroatoms selected from nitrogen.”
Regarding claim 160 and 161, Example 9 meets the limitations where R4 is C1-C6 alkyl, as R4 is methyl.
Regarding claim 167, Example 9 meets the limitations where R3 is phenyl.
As per MPEP 2131.02.I: “A generic claim cannot be allowed to an applicant if the prior art discloses a species falling within the claimed genus." The species in that case will anticipate the genus. In re Slayter, 276 F.2d 408, 411, 125 USPQ 345, 347 (CCPA 1960); In re Gosteli, 872 F.2d 1008, 10 USPQ2d 1614 (Fed. Cir. 1989).”
Regarding claim 141, paragraph [0003], column 1 of Severance teaches that “The present invention relates to inhibitors of p38, a mammalian protein kinase involved in cell proliferation, cell death and response to extracellular stimuli. The invention also relates to methods for producing these inhibitors. The invention also provides pharmaceutical compositions comprising the inhibitors of the present invention and methods of utilizing those compositions in the treatment and prevention of various disorders.”
Paragraph 451, column 23 of Severance also teaches, “While it may be possible for the compounds of the subject invention to be administered as the raw chemical, it is also possible to present them as a pharmaceutical formulation. Accordingly, the subject invention provides a pharmaceutical formulation comprising a compound or a pharmaceutically acceptable salt, ester, prodrug or solvate thereof, together with one or more pharmaceutically acceptable carriers thereof and optionally one or more other therapeutic ingredients.”
Therefore, claims 135, 141, 156, 160, 161 and 167 are rejected as clearly anticipated by Severance.
Claims 135, 153-154, 156, 160-161, and 167 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by CAS Registry Number 265125-23-3 (Entered STN Registry on May 17, 2000).
CAS Registry Number 265125-23-3 teaches the limitations of claim 135 where R3 is phenyl, W is a 5-membered heterocycle, R4 is methyl, and Z is phenyl.
Regarding claims 153-154, CAS Registry Number 265125-23-3 meets the limitations where Z is optionally substituted phenyl
Regarding claim 156, CAS Registry Number 265125-23-3 meets the limitations “wherein W is optionally substituted 5- to 8- membered heterocycle, wherein the 5- to 8-membered heterocycle comprises at least 2 heteroatoms selected from nitrogen.”
Regarding claim 160 and 161, CAS Registry Number 265125-23-3 meets the limitations where R4 is C1-C6 alkyl, as R4 is methyl.
Regarding claim 167, CAS Registry Number 265125-23-3 meets the limitations where R3 is phenyl.
[AltContent: textbox (R3 phenyl )][AltContent: textbox (R4 is methyl)]
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As per MPEP 2131.02.I: “A generic claim cannot be allowed to an applicant if the prior art discloses a species falling within the claimed genus." The species in that case will anticipate the genus. In re Slayter, 276 F.2d 408, 411, 125 USPQ 345, 347 (CCPA 1960); In re Gosteli, 872 F.2d 1008, 10 USPQ2d 1614 (Fed. Cir. 1989).”
Therefore, claims 135, 153-154, 156, 160-161 and 167 are rejected as clearly anticipated by CAS Registry Number 265125-23-3.
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Coleman et al (WO 1999/048890 A1) discloses 1,2-oxazole-based compounds similar to instant invention, as shown below.
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Applicant is also advised of the following compounds from the CAS Registry as shown below.
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Allowable Subject Matter
Claims 136, 155, 157, 158-159, 162-166, 168 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
Claims 135, 141, 153-154, 156, 160-161, and 167 are under consideration and are rejected.
Claims 136, 155, 157, 158-159, 162-166, 168 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.
No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAROLYN L. LADD whose telephone number is (703)756-5313. The examiner can normally be reached M-Th, 7:00 am to 5:30 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James H. Alstrum-Acevedo can be reached at 571-272-5548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.L.L./Examiner, Art Unit 1622
/JAMES H ALSTRUM-ACEVEDO/Supervisory Patent Examiner, Art Unit 1622
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