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
This application was filed 09/18/2023 and is a 371 of PCT/CN22/80829 (03/15/2022) which claims foreign priority to China 2021102887.4 (03/16/2021) and China 202110591611.8 (05/28/2021) and China 202110934860.2 (08/13/2021). Restriction was written 04/30/2026.
Election/Restrictions
Applicant elected group 1 without traverse in paper dated 06/30/2026.
Claims 3, 15 and 16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 06/30/2026.
Applicant’s election without traverse of group 1 in the reply filed on 06/30/2026 is acknowledged. Claims 1-2, 6-12, 14 and 17-26 will be examined to the extent that they read upon the elected group 1.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(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 1-2, 6, 9-12, 14, 17-20 and 23-26 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by CN 102781942. CN teaches compounds such as 1790 and 1787 (188/197) that anticipate claims 1, 2,9-12, 14, 17-19 and 23-26. Compound 1790 180/197 is compound #2 of claim 11. Compound on page 179 anticipates claims 1-2, 6, 12, 14, 17-18, 20 and 25-26. CN teaches that the compounds are pharmaceuticals useful to treat insomnia.
Claims 1-2, 9-12, 14, 17-19 and 23-26 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by WO2020/100011. WO teaches compounds such as taught in the abstract as orexin receptor modulators that treat conditions such as insomnia and depression.
Claims 1-2, 6, 8-10, 12, 14, 17-19 and 23-26 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent 9586962 Letavic. Letavic teaches compounds such as #433 c253 and #431 C250 as orexin receptor modulators that treat insomnia.
Claim Objections
Claims 7 and 21-22 are objected to because of the following informalities: These claims depend from a rejected base claim but would be allowable in rewritten in independent form with all intervening limitations. Appropriate correction is required.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to D MARGARET M SEAMAN whose telephone number is (571)272-0694. The examiner can normally be reached M-F 8am-4pm Eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew Kosar can be reached at 571-272-0913. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/D MARGARET M SEAMAN/Primary Examiner, Art Unit 1625
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