DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
2. Applicant’s election without traverse of Group I, and species of compound
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, in the reply filed on May 29, 2026 is acknowledged.
3. Examination followed guidelines provided by MPEP 803.02. The elected species appeared to be novel and non-obvious over the prior art. Therefore, the search and examination was extended. Prior art was found that anticipates the claims with respect to nonelected species. The Markush claims were rejected and claims to nonelected species were withdrawn from further consideration. The claims were searched to the extent of the elected species and additionally to the nonelected species shown below.
4. Claims 39, 45-47, 49-52 and 54 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected subject matter. Election was made without traverse in the reply filed on May 29, 2026.
Information Disclosure Statement
5. The information disclosure statements (dated March 25, 2024 and May 29, 2026) were in compliance with the provisions of 37 CFR 1.97 and 37 CFR 1.98. The statements were considered. Signed copies of form 1449 are enclosed herewith.
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.
6. Claim(s) 34, 36-37, 40-42 and 48 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by RN 2104411-00-7 (
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). The reference has a date of 2017 which antedates the present claims having a filing date of October 3, 2022 and priority claim to provisional application dated October 4, 2021. The compound corresponds to the present claims in the following manner: A=heterocycle substituted with methyl; Z6=C(R6=H); Z7=C(R7=H); W1=N(R1=H); R2=R3=R3’=H; W2=(CH2)2; X=H; Y=Me.
7. Claim(s) 34-36, 38, 40, 41 and 53 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by RN 82173-82-8 (
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). The reference has a date of 1984 which antedates the present claims having a filing date of October 3, 2022 and priority claim to provisional application dated October 4, 2021. The compound corresponds to the present claims in the following manner: A=heterocycle; Z6=C(R6=H); Z7=C(R7=H); W1=N(R1=H); R2=R3=R3’=H; W2=CH2; X=Y=C3 alkyl.
8. Claim(s) 34, 36, 37, 40-44, 48 and 53 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by RN 135360-97-3 (
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). The reference has a date of 1991 which antedates the present claims having a filing date of October 3, 2022 and priority claim to provisional application dated October 4, 2021. The compound corresponds to the present claims in the following manner: A=heterocycle; Z6=C(R6=H); Z7=C(R7=H); W1=N(R1=H); R2=R3=R3’=H; W2=CH2; X=Y=methyl.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUN JAE YOO whose telephone number is (571)272-9074. The examiner can normally be reached Mon-Fri 8-5.
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/SUN JAE YOO/Primary Examiner, Art Unit 1621
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