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 .
Application Status
The preliminary amendment filed on 4/26/2024 is acknowledged. Claims 1, 10-14, 20-22, 24-25, 33-35, 37-42 are currently pending and under consideration.
Information Disclosure Statement
The information disclosure statements filed on 1/04/2024, 8/13/2024 and 3/13/2025 are acknowledged and have been considered except where lined through.
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)(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.
Claim(s) 1, 10-13, 20-22, 24-25, 37-39 and 41-42 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Berdini et al. (US2008/0167309A1, 2008-07-10).
Berdini et al teach compounds for use in the prophylaxis or treatment of a disease state or condition mediated by a cyclin dependent kinase, the compound having the formula (I):
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(abstract). Specifically, Berdini et al. teach compounds including, but not limited to,
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(paragraph 0758),
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(paragraph 0755),
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(paragraph 0773), and
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(cmpd 15, page 61) which read on the instantly claimed compound wherein R1 and R2 are H, Ring B is a phenyl, Rb is ORa (e.g. ethoxy) or a halogen, n=2 to 3, R3 is a heterocycloalkyl or aryl and R3a is ORa (Ra is a C1-C6 heteroalkyl) or NRcRd, wherein Rc and Rd together form a ring. With regards to the diseases, Berdini et al. teach that cyclin dependent kinase mediated disease include, but are not limited to, toxin-induced or alcohol related liver diseases (paragraph 0544). Moreover, Berdini et al. teach pharmaceutical compositions comprising said compounds, wherein the pharmaceutical compositions further comprises a pharmaceutically acceptable carrier (paragraph 0591).
Conclusion
Therefore, claims 1, 10-13, 20-22, 24-25, 37-39 and 41-42 are rejected.
Claims 14, 23. 33-35 and 40 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 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