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 .
Detailed Action
Filing Receipt and Priority
The filing receipt mailed 05/29/2024 states that the instant application is a 371 of PCT/US2022/034036, filed 06/17/2022, which claims benefit of provisional applications 63/212,410 and 63/290,627 filed 06/18/2021 and 12/16/2021 respectively.
Information Disclosure Statement
The information disclosure statement submitted 12/18/2023 has been considered.
Restriction/Species Election
Applicant’s election without traverse of the following is acknowledged.
Applicant has elected Group I, claims 1-5.
Applicant has also elected compound E1, shown below. The species reads on claims 1-3 and 5.
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Examiner affirms that an election for cancer was only necessary had applicant elected Group II. Applicant’s election of brain cancer is noted.
Claims 4, 6-10, and 12-15 are withdrawn being drawn to non-elected inventions and species.
Objections
Drawings
The drawings are objected to because certain figures are illegible. Specifically, the text of figures 7A-7C is illegible. Figure 7A is shown below at 150% magnification. Figures 4A-E, 5A-K, and 8E are also difficult to read.
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Rejections
Claim Rejections - 35 USC § 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)(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.
(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.
Claim(s) 1-3 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lown (Can. J. Chem. Vol. 59, 1981).
Lown on p. 1349, left col., para 2 discloses the compound 5-[2-(2-Fluorethyl)-1-triazenyl]imidazole-4-carboxamide (compound 28). This same compound on p. 1350 is identified as 5-[3-(2-Fluorethyl)-1-triazenyl]imidazole-4-carboxamide, structure shown below. Lown on p. 1349, sec. Results discloses compound 28 in a phosphate buffered aqueous solution.
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The instant specification on p. 10 includes “phosphate buffered solutions” as an example of a pharmaceutically acceptable carrier.
Pertinent Art not Cited
Lown (Biochemical Pharmacology, Vol. 31, No. 7, pp. 1257-1266, 1982, herein after Lown ’82) on p. 1259 discloses the 5-[3-(2-Fluorethyl)-1-triazenyl]imidazole-4-carboxamide compound within a reaction.
Conclusion
No claims allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUISALBERTO GONZALEZ whose telephone number is (571)272-1154. The examiner can normally be reached M-F 8:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Murray can be reached at (571) 272-9023. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LUISALBERTO GONZALEZ/Examiner, Art Unit 1624
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