DETAILED ACTION
This action is in response to Applicant’s submission dated June 16, 2026, in which the species of Compound 3 was elected with traverse as well as the invention of Group I.
Election/Restriction
Applicant traverses the outstanding restriction requirement; however, Examiner hereby withdraws it.
Information Disclosure Statement
The references contained in the IDS dated October 3, 2024 and June 16, 2026 are made of record.
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 .
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.
Claim 8 is rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
The phrase “treating diseases related to RNA-dependent RNA polymerase inhibitor” is recited. This expression is vague and indefinite because the claim does not explain how the diseases are related to RNA-dependent RNA polymerase inhibitor in the claim. Examiner recommends putting the specific names for the diseases related to RNA-dependent RNA polymerase inhibitor in the claim itself.
Allowable Subject Matter
Claim 1-7 are patentable over Zhang, et al., US2024/0317754, which teaches anti-viral compounds:
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, see p. 27, paragraph [0220]. The compounds of the reference possess hydrogen where deuterium is taught instantly plus ATV013 teaches phenyl where the equivalent position in the compounds of the instant application cannot be phenyl. Therefore, the claims are free of prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to ERICH A LEESER whose telephone number is (571) 272-9932. The Examiner can normally be reached Monday through Friday from 10-6 PST, M-F. PST.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Mr. James Alstrum-Acevedo can be reached at (571) 272-5548. The fax number for the organization where this application is assigned is 571-273-8300.
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/ERICH A LEESER/Primary Examiner, Art Unit 1622
United States Patent and Trademark Office
Tel. No.: (571) 272-9932
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