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 .
Current Status of 18 / 553311
Claims 1-8 and 25 are examined on the merits.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2023 September 23 was submitted in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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, 5-8, and 25 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. What groups are attached to a nitrogen atom present in a C5-6-cycloalkyl group for variable R1? Take, for example, a piperidine or piperazine ring. If the nitrogen ring atom is directly attached to the flavone O, its valency is satisfied. However when R1 attaches to a ring atom other than nitrogen in a ring such as piperidine or piperazine, the octet of the nitrogen ring atom will not be filled. This lack of an octet results in a compound of claim 1 being cationic and thus requiring an anion to make a compound of chemical formula I neutral. In this situation what is the corresponding anion to make the compound neutral?
Allowable Subject Matter
Claims 1, 5-8, and 25 are not allowed.
Claims 2-4 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.
The following is a statement of reasons for the indication of allowable subject matter: YOUN (US 20190263789, published 2019 August 29) describes compounds of formula 2-5 (page 4, paragraph [0056]. Although these compounds meet the limitations of chemical formula I, the reference does not suggest using them to treat cancer. These compounds are used to treat fibrosis.
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/NOBLE E JARRELL/Primary Examiner, Art Unit 1699
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