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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Application Status
The preliminary amendment filed on 9/14/2023 is acknowledged. Claims 1-2, 4-6, 9, 11-12, 15-17, 20-24, 26-29 and 31 are currently pending and under consideration.
Information Disclosure Statement
The information disclosure statement filed on 6/05/2024 has been considered except where lined through.
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 1-2, 4-6, 9, 11-12, 15-17, 20-24, 26-29 and 31 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.
Regarding claim 1, Claim 1 is drawn to a compound of formula (II):
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., wherein R4, R5 together with the carbon atom to which they are attached form
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. Many of the dependent claims further limit the various “R” groups such as claim 4 which recites “…or, each Rc is independently selected from F, Cl, … and
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; ….”. In the instant case, it is unclear if the “---” represents a bond to a methyl group, a bond to an undefined radical that can be any group or represents a portion of the formula II. The plain meaning of “---”, indicates that it is reasonable to interpret it as a methyl group. This is because in standard shorthand nomenclature, hydrogens on carbon atoms are omitted. J. Brecher, Graphical Representation Standards for Chemical Structure Diagrams (IUPAC Recommendations 2008), 80 Pure Appl. Chem. 277-410 (2008) (“Brecher”) (see page 300 “GR-2.1.2 Labeling of carbon atoms”; see also Brecher at page 396 (“[w]hen a structural fragment is drawn with explicit bonds, the location of its attachment point should be shown explicitly. The attachment point should not be implied simply by the absence of a hydrogen atom on a drawn structure”)). However, the specification and claims appear to contradict interpreting “---” as a methyl group. For example, claim 15 recites “… the structural moiety
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. As such, it would appear that “---” of
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actually represents a portion of benzene ring of formula II and not a methyl. Because the meaning of the subject “---" within the claimed structures cannot be determined based on its plain meaning or in view of the speciation, and can have alternative exclusive interpretations, the claims are indefinite.
Please note: claims 1, 4-6, 11-12 and 15-17 all contain a “---” bond.
Conclusion
Claims 1-2, 4-6, 9, 11-12, 15-17, 20-24, 26-29 and 31 are free of the prior art. WO2018/115380A1 to Gmachi et al. (2018-06-28) (IDS) and Zhang et al. (US2010/0009958A1, 2010-01-14) are considered to be the closest prior art to the instant invention. Gmachi et al. teach benzylamino substituted quinazolines having the general structure
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, wherein R1 is O-RA which are useful for treatment of diseases such as cancer. The compounds of Gmachi et al. differ from the instantly claimed compounds because RA of Gmachi et al. are either cycloalkyl or heterocyclyl vs. the carboxamide as claimed and there is no teaching or suggestion in the prior art to substitute one for the other. Zhang et al. teach quinazoline compounds having the formula
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which are useful for treating cancer. In particular, Zhang et al. teach a compound having the structure
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which differs from the instantly claimed compound by the -NC(O)N of the prior art vs. the -OC(O)N in the claimed compounds. There is no teaching or suggestion by the prior art that would have motivated one of skill to substitute -NC(O)N for -OC(O)N to arrive at the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDON J FETTEROLF whose telephone number is (571)272-2919. The examiner can normally be reached M-F 6AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey S Lundgren can be reached at 571-272-5541. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BRANDON J. FETTEROLF, PHD
Primary Patent Examiner
Art Unit 1626
/BRANDON J FETTEROLF/Primary Examiner, Art Unit 1626
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