DETAILED ACTION
Notice of AIA Status
The instant application, filed on or after 16 March 2013, is being examined under the first inventor to file provisions of the Leahy-Smith America Invents Act (AIA ).
If the status of the application as subject to AIA or pre-AIA is incorrect, any correction of the statutory basis (e.g., changing from AIA to pre-AIA ) for a rejection under 35 U.S.C. §§ 102 and/or 103 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.
Status of the Claims
The listing of claims filed 25 July 2024 has been examined.
Claims 1–22 are pending. Claims 1, 4, 5, 9, 11–13, 15–18, and 20–22 are amended.
Priority
The instant application was filed 20 November 2023; is a national stage application of PCT/GB2022/051367, filed 27 May 2022, and claims priority to GB 2118635.8, filed 21 December 2021, and GB 2107637.7, filed 28 May 2021. Applicant’s claim for foreign priority is acknowledged, and a copy of the priority document has been received.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 27 November 2023 is acknowledged and has been considered.
Objections to the Specification
The abstract of the disclosure is objected to because it does not describe any structural features of the claimed compounds (e.g., pyrido[4,3-d]pyrimidin-7-yl) so as to enable one to quickly determine the general nature of the invention. Appropriate correction is required.
For guidelines for the preparation of patent abstracts, see MPEP § 608.01(b) (Explaining: The abstract should be in narrative form and avoid legal phraseology (e.g., means, said), terms referring to purported merits of the invention (e.g., new, novel), and phrases that can be implied (e.g., The disclosure concerns, The disclosure defined by this invention). The language should be clear and concise, and not repeat information given in the title. It should not compare the invention with the prior art. The abstract is generally limited to a single paragraph within the range of 50 to 150 words in length.).
Claim Objections
Claims 2–21 are objected to for minor informalities.
Claims 2–21 depend from claim 1.
An independent claim introduces subject matter for the first time and commonly recites the indefinite article “A.” A dependent claim referring back to prior claim and to the same subject matter should recite the definite article “The.” Such formal claim drafting provides proper antecedent basis for the claimed subject matter and avoids ambiguity, therefore improving the clarity of the claims. In this case, each of claims 2–21 recites “A compound . . .,” which can cause confusion as to whether a new method is claimed or whether the claim is referring to and further defining the method recited in the referenced claims.
Appropriate correction is required.
Claim Interpretation
Claim 1 recites, “wherein R1 and R5 are selected such that NR1R5 comprises no more than a single amine.”
The term amine is defined in the specification to encompass primary, secondary, and tertiary amines. The term does not include amides: “For the avoidance of doubt, the term “amine” as used herein excludes amides and lactams.” (Spec., ¶46).
Claim 1 states when -NR1R5 form a ring, the ring is heterocycloalkyl. The specification defines heterocycloalkyl and heteroaryl using their ordinary meaning. (Id., ¶¶113–128). Therefore, a ring formed with -NR1R5 cannot be aromatic.
Claim Rejections - 35 U.S.C. § 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)(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.
(i) Claims 1–15 and 17–22 are rejected under 35 U.S.C. § (a)(2) as being anticipated by US 2023/0072276 A1, filed 15 December 2021; claiming benefit of 15 December 2020; 11 March 2021; and 22 March 2021 filing dates of U.S. Provisional Apps. (“Wang”).
Wang discloses compounds of Formula (I), including, e.g., Examples 1, 4, 71, 376, and 522. (Wang, ¶¶7, 522; 533; 813; 1723; 2176).
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Wang Examples reads on the claims when R1 and R5 together form a heterocyclic ring substituted by R9 groups (alkyl, OR12 (H)); and when R1 is an alkyl-heterocycloalkyl.
Wang discloses pharmaceutical compositions comprising the compounds of Formula (I) and use thereof for treating cancer having a KRAS mutation. (Id., claims 62–85).
Wang discloses other compounds. Applicant is encroached to review Wang and amend the claims to avoid the entire disclosure of Wang.
(ii) Claims 1–3, 5, 9–11, 13, 14, and 16–22 are rejected under 35 U.S.C. § (a)(2) as being anticipated by WO 2022/247770; filed 23 May 2022; claiming priority to 24 May 2021; 29 September 2021; and 7 January 2022 (CN priority apps.) (“Xu”).
Xu discloses compounds of Formula I, including compound 48. (Xu, pp. 2, 34).
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Xu discloses the compounds are for use in treating diseases related to Ras. (Id., Abstract).
Xu discloses other compounds. Applicant is encroached to review Xu and amend the claims to avoid the entire disclosure of Xu.
Conclusion
No claims are allowed.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jason Nolan at (571) 272-2480. The examiner can normally be reached Monday through Friday between 9:00–5:00.
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/J.M.N./Patent Examiner, Art Unit 1623
/ADAM C MILLIGAN/Supervisory Patent Examiner, Art Unit 1623
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